Document ID: chunk:federal_register_of_legislation:C2023A00113:clause:1_5:p2
Version: federal_register_of_legislation:C2023A00113
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 2/14)
Character Range: 7607–10184

the person makes a gesture; and
 (b) the gesture is capable of being seen by a member of the public who is in a public place (whether or not the gesture is actually so seen by a member of the public).

80.2G  Meaning of trades
 (1) For the purposes of this Subdivision, a person trades in goods if:
 (a) the person sells the goods; or
 (b) the person prepares the goods for supply with the intention of selling the goods or believing that another person intends to sell the goods; or
 (c) the person transports the goods with the intention of selling the goods or believing that another person intends to sell the goods; or
 (d) the person guards or conceals the goods with the intention of selling the goods or assisting another person to sell the goods; or
 (e) the person possesses the goods with the intention of selling the goods.
 (2) For the purposes of paragraph (1)(b) and sections 80.2J and 80.2JA, preparing goods for supply includes packaging the goods or separating the goods into discrete units.
 (3) This section and sections 80.2J and 80.2JA apply in relation to leasing out or renting out (or agreeing to lease out or rent out) in the same way as they apply in relation to selling.
 (4) In this section and sections 80.2J and 80.2JA:
conceal goods includes conceal or disguise:
 (a) the nature, source or location of the goods; or
 (b) any movement of the goods; or
 (c) the rights of any person with respect to the goods; or
 (d) the identity of any owner of the goods.
possession of goods includes the following:
 (a) receiving or obtaining possession of the goods;
 (b) having control over the disposition of the goods (whether or not the goods are in the custody of the person);
 (c) having joint possession of the goods.
sell includes the following:
 (a) barter or exchange;
 (b) agree to sell.
supply includes the following:
 (a) supply, whether or not by way of sale;
 (b) agree to supply.
transport includes deliver.

80.2H  Public display of prohibited Nazi symbols or giving Nazi salute
 (1) A person commits an offence if:
 (a) the person:
 (i) causes a thing to be displayed in a public place; or
 (ii) makes a gesture in a public place; and
 (b) the thing is a prohibited Nazi symbol, or the gesture is a Nazi salute; and
 (c) subsection (3), (4) or (7) applies; and
 (d) subsection (9) does not apply.
Note: For defences, see subsection (10).
Penalty: Imprisonment for 12 months.
 (2) Absolute liability applies to paragraphs (1)(c) and (d).
 (3) For the purposes of paragraph (1)(c), this subsection applies if a reasonable person would consider