Document ID: chunk:federal_register_of_legislation:C2025C00060:section:4:p31
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 4 (pt 31/44)
Character Range: 247918–250567

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 alien to sell them; or
 (v) possessing the goods with the intention of selling them to an alien.

Other matters
 (4) For the purposes of paragraph (1)(e), this subsection applies if a reasonable person would consider that:
 (a) the goods that are traded are intended to serve a religious, academic, educational, artistic, literary or scientific purpose; and
 (b) the person's trading in the goods is not contrary to the public interest.
 (5) For the purposes of paragraph (1)(e), this subsection applies if:
 (a) the goods that are traded contain one or more news reports or current affairs reports; and
 (b) each prohibited Nazi symbol that the goods depict or contain appears in such a report and only appears in such a report; and
 (c) in relation to each such report in which a prohibited Nazi symbol appears—a reasonable person would consider that:
 (i) the report was made by a person working in a professional journalistic capacity; and
 (ii) disseminating the report is in the public interest.

Defences
 (6) Subsection (1) does not apply to a person's trading in goods if:
 (a) the goods that are traded contain commentary on public affairs; and
 (b) each prohibited Nazi symbol that the goods depict or contain appears in the commentary and only appears in the commentary; and
 (c) in relation to commentary in which a prohibited Nazi symbol appears—making the commentary is in the public interest.
Note: A defendant bears 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