Document ID: chunk:federal_register_of_legislation:C2023A00113:clause:1_5:p1
Version: federal_register_of_legislation:C2023A00113
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 1/14)
Character Range: 5238–7798

5  After Subdivision C of Division 80 of the Criminal Code
Insert:

Subdivision CA—Publicly displaying, and trading in, prohibited symbols and giving Nazi salute

80.2E  Prohibited symbols
 (1) Each of the following is a prohibited symbol:
 (a) a prohibited Nazi symbol;
 (b) a prohibited terrorist organisation symbol.
 (2) Each of the following is a prohibited Nazi symbol:
 (a) the Nazi hakenkreuz;
 (b) the Nazi double‑sig rune;
 (c) something that so nearly resembles a thing to which paragraph (a) or (b) applies that it is likely to be confused with, or mistaken for, that thing.
 (3) Each of the following is a prohibited terrorist organisation symbol:
 (a) a symbol that a terrorist organisation (within the meaning of Division 102) uses, or members of a terrorist organisation use, to identify the organisation;
 (b) something that so nearly resembles a symbol to which paragraph (a) applies that it is likely to be confused with, or mistaken for, that symbol.

80.2F  Meaning of displayed in a public place
 (1) A thing is displayed in a public place if it is capable of being seen by a member of the public who is in a public place (whether or not the thing is actually so seen by a member of the public).
 (2) A thing is also displayed in a public place if it is included in:
 (a) a document (including, for example, a newspaper, magazine, program, leaflet or ticket); or
 (b) a film, video or television program;
that is available, or distributed, to the public or a section of the public.
 (3) A thing is also displayed in a public place if it is included in a document, film, video or television program that is available, or distributed to, the public or a section of the public by means of a telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution including, for example, by means of the internet.
Example: If a thing is included in a document that is available to the public or a section of the public on a website, then the thing is displayed in a public place under this subsection.
 (4) In this section, available or distributed includes available or distributed as of right or by invitation, whether express or implied, and whether or not a charge is made for availability or distribution.

80.2FA  Meaning of makes a gesture in a public place
  A person makes a gesture in a public place if:
 (a) 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