Document ID: chunk:federal_register_of_legislation:C2025C00060:section:4:p33
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 4 (pt 33/44)
Character Range: 252902–255590

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 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 terrorist organisation 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 terrorist organisation 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 terrorist organisation 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 terrorist organisation symbol appears—making the commentary is in the public interest.
Note: A