Document ID: chunk:federal_register_of_legislation:C2023A00113:clause:1_5:p7
Version: federal_register_of_legislation:C2023A00113
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 7/14)
Character Range: 19802–22500

in the conduct is reasonable in the circumstances for the purpose of the individual assisting the public official in relation to the performance of the public official's duties or functions; or
 (f) the person genuinely engages in the conduct for the purpose of opposing the ideology or purposes of a terrorist organisation (within the meaning of Division 102).
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).

Functions
 (11) The references in this section to function or functions do not, by implication, affect the meaning of the expressions duty or duties when used in any other provision of this Code.

80.2J  Trading in prohibited Nazi symbols
 (1) A person commits an offence if:
 (a) the person trades in goods; and
 (b) the goods depict or contain a prohibited Nazi symbol; and
 (c) the person knows that, or is reckless as to whether, the prohibited Nazi symbol is associated with Nazi ideology; and
 (d) subsection (3) applies; and
 (e) subsections (4) and (5) do not apply.
Note: For defences, see subsections (6) to (8).
Penalty: Imprisonment for 12 months.
 (2) Absolute liability applies to paragraphs (1)(d) and (e).

Jurisdictional requirements
 (3) For the purposes of paragraph (1)(d), this subsection applies if:
 (a) the trading occurs to any extent outside Australia; or
 (b) the trading involves transportation across State borders, either for reward or in connection with a commercial arrangement; or
 (c) the trading occurs within a Territory or involves transportation to or from a Territory; or
 (d) the trading is engaged in by, or on behalf of, a constitutional corporation; or
 (e) some of the trading is engaged in by communication using a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; or
 (f) the trading:
 (i) occurs to any extent at a Commonwealth place; or
 (ii) involves transportation to or from a Commonwealth place; or
 (g) the person is an alien; or
 (h) the trading involves the person:
 (i) selling the goods to an alien; or
 (ii) preparing the goods for supply with the intention of selling them to an alien or believing that another person intends to sell them to an alien or believing that an alien intends to sell them; or
 (iii) transporting the goods with the intention of selling them to an alien or believing that another person intends to sell them to an alien or believing that an alien intends to sell them; or
 (iv) guarding or concealing the goods with the intention of selling them to an alien or with the intention of assisting another person to sell them to an alien or with the intention of assisting an