Document ID: chunk:federal_register_of_legislation:C2025C00060:section:4:p32
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 4 (pt 32/44)
Character Range: 250335–253134

an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).
 (7) Subsection (1) does not apply to a person's trading in goods if the trading is necessary for or of assistance in:
 (a) enforcing a law of the Commonwealth, a State or Territory, or a foreign country; or
 (b) monitoring compliance with, or investigating a contravention of, a law of the Commonwealth, a State or Territory, or a foreign country; or
 (c) the administration of justice (whether within or outside Australia).
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).
 (8) Subsection (1) does not apply to a person's trading in goods if:
 (a) both:
 (i) the trading is in connection with the performance by a public official of the official's duties or functions; and
 (ii) the trading is reasonable in the circumstances for the purpose of the public official performing that duty or function; or
 (b) both:
 (i) the trading is in connection with an individual assisting a public official in relation to the performance of the public official's duties or functions; and
 (ii) the trading 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.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).

Interpretation
 (9) 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.
 (10) In this section, Commonwealth place has the same meaning as in the Commonwealth Places (Application of Laws) Act 1970.

80.2JA  Trading in prohibited terrorist organisation symbols
 (1) A person commits an offence if:
 (a) the person trades in goods; and
 (b) the goods depict or contain a symbol; and
 (c) the person knows that the symbol is a prohibited terrorist organisation symbol; 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