Example: An offensive slogan painted on a building (advocating the use of force or violence against Jews) is damage for the purposes of this section.
80.2C Advocating terrorism
(1) A person commits an offence if:
(a) the person advocates:
(i) the doing of a terrorist act; or
(ii) the commission of a terrorism offence referred to in subsection (2); and
(b) the person engages in that conduct reckless as to whether another person will:
(i) engage in a terrorist act; or
(ii) commit a terrorism offence referred to in subsection (2).
Note: There is a defence in section 80.3 for acts done in good faith.
Penalty:
(a) if subparagraph (a)(i) of this subsection applies—imprisonment for 7 years; or
(b) if subparagraph (a)(ii) of this subsection applies—imprisonment for 7 years or for the maximum term of imprisonment for the terrorism offence advocated, whichever is the lesser.
(2) A terrorism offence is referred to in this subsection if:
(a) the offence is punishable on conviction by imprisonment for 5 years or more; and
(b) the offence is not:
(i) an offence against section 11.1 (attempt), 11.4 (incitement) or 11.5 (conspiracy) to the extent that it relates to a terrorism offence; or
(ii) a terrorism offence that a person is taken to have committed because of section 11.2 (complicity and common purpose), 11.2A (joint commission) or 11.3 (commission by proxy).
Definitions
(3) In this section:
advocates: a person advocates the doing of a terrorist act or the commission of a terrorism offence if:
(a) the person counsels, promotes, encourages or urges the doing of a terrorist act or the commission of a terrorism offence; or
(b) the person provides instruction on the doing of a terrorist act or the commission of a terrorism offence; or
(c) the person praises the doing of a terrorist act or the commission of a terrorism offence in circumstances where there is a substantial risk that such praise might have the effect of leading another person to engage in a terrorist act or to commit a terrorism offence.
terrorism offence has the same meaning as in subsection 3(1) of the Crimes Act 1914.
terrorist act has the same meaning as in the Crimes Act 1914.
(4) A reference in this section to advocating the doing of a terrorist act or the commission of a terrorism offence includes a reference to:
(a) advocating the doing of a terrorist act or the commission of a terrorism offence, even if a terrorist act or terrorism offence does not occur; and
(b) advocating the doing of a specific terrorist act or the commission of a specific terrorism offence; and
(c) advocating the doing of more than one terrorist act or the commission of more than one terrorism offence.
80.2D Advocating genocide
(1) A person commits an offence if:
(a) the person advocates genocide; and
(b) the person engages in that conduct reckless as to whether another person will engage in genocide.
Note: There is a defence in section 80.3 for acts done in good faith.
Penalty: Imprisonment for 7 years.
Double jeopardy
(2) A person cannot be tried by a federal court or a court of a State or Territory for an offence against subsection (1) if the person has already been convicted or acquitted by the International Criminal Court for an offence constituted by substantially the same conduct as constituted the offence against subsection (1).
Definitions
(3) In this section:
advocate means counsel, promote, encourage or urge.
genocide means the commission of an offence against Subdivision B (genocide) of Division 268, other than:
(a) an offence against section 11.1 (attempt), 11.4 (incitement) or 11.5 (conspiracy) to the extent that it relates to an offence against that Subdivision; or
(b) an offence against that Subdivision that a person is taken to have committed because of section 11.2 (complicity and common purpose), 11.2A (joint commission) or 11.3 (commission by proxy).
(4) A reference in this section to advocating genocide includes a reference to:
(a) advocating genocide, even if genocide does not occur; and
(b) advocating the commission of a specific offence that is genocide; and
(c) advocating the commission of more than one offence, each of which is genocide.
80.2DA Aggravated offence for religious officials or other spiritual leaders etc.
(1) A person commits an offence if:
(a) the person commits an offence against subsection 80.2A(1), 80.2B(1), 80.2BA(1), 80.2BB(1), 80.2BC(1), 80.2BD(1) or 80.2BE(1) (the underlying offence); and
(b) the conduct is engaged in by the person in the person’s capacity as:
(i) a religious official; or
(ii) a spiritual leader; or
(iii) another leader (however described) of a group, who provides religious instruction or pastoral care (whether religious or secular).
Penalty: Imprisonment for 12 years.
(2) A person commits an offence if:
(a) the person commits an offence against subsection 80.2A(2), 80.2B(2), 80.2BA(2), 80.2BB(2), 80.2BC(2), 80.2BD(2) or 80.2BE(2) (the underlying offence); and
(b) the conduct is engaged in by the person in the person’s capacity as:
(i) a religious official; or
(ii) a spiritual leader; or
(iii) another leader (however described) of a group, who provides religious instruction or pastoral care (whether religious or secular).
Penalty: Imprisonment for 10 years.
(3) There is no fault element for the physical element of conduct described in paragraph (1)(a) or (2)(a) other than the fault elements (however described), if any, for the underlying offence.
(4) To avoid doubt:
(a) a person does not commit an underlying offence for the purposes of paragraph (1)(a) or (2)(a) if the person has a defence to the underlying offence; and
(b) a person may be convicted of an offence against subsection (1) or (2) even if the person has not been convicted of the underlying offence.
Double jeopardy for an aggravated offence
(5) To avoid doubt, if a person has been acquitted or convicted of an underlying offence, the person cannot be convicted of the corresponding aggravated offence for the same conduct.
Definitions
(6) In this section:
religious official includes a person who performs religious functions (including a person who leads worship or provides religious instruction), whether or not the person has been appointed (formally or informally) to an official role in a religious institution.
spiritual leader includes a person who performs religious functions (including a person who leads worship or provides religious instruction), whether or not the person has been appointed (formally or informally) as a spiritual leader.
80.2DB Aggravated offence—advocating violence or property damage etc. to a child
(1) A person (the offender) commits an offence if:
(a) the offender commits an offence against subsection 80.2A(1), 80.2B(1), 80.2BC(1) or 80.2BE(1) (the underlying offence) by advocating for one or more other persons to use force or violence, or cause damage or destruction; and
(b) at the time of the conduct, the offender is at least 18 years old; and
(c) the offender is reckless as to whether, at the time of the conduct, at least one of the other persons is less than 18 years old (whether or not one of those other persons actually is less than 18 years old).
Penalty: Imprisonment for 12 years.
(2) A person (the offender) commits an offence if:
(a) the offender commits an offence against subsection 80.2A(2), 80.2B(2), 80.2BC(2) or 80.2BE(2) (the underlying offence) by advocating for one or more other persons to use force or violence, or cause damage or destruction; and
(b) at the time of the conduct, the offender is at least 18 years old; and
(c) the offender is reckless as to whether, at the time of the conduct, at least one of the other persons is less than 18 years old (whether or not one of those other persons actually is less than 18 years old).
Penalty: Imprisonment for 10 years.
(3) There is no fault element for the physical element in paragraph (1)(a) or (2)(a) other than the fault elements (however described), if any, for the underlying offence.
(4) Absolute liability applies to paragraphs (1)(b) and (2)(b).
(5) To avoid doubt:
(a) a person does not commit an underlying offence for the purposes of paragraph (1)(a) or (2)(a) if the person has a defence to the offence; and
(b) a person may be convicted of an offence against subsection (1) or (2) even if the person has not been convicted of the underlying offence.
Double jeopardy for aggravated offences
(6) To avoid doubt, if a person has been acquitted or convicted of an underlying offence, the person cannot be convicted of the corresponding aggravated offence for the same conduct.
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 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 organisation symbol:
(a) a symbol that an organisation that is a terrorist organisation or prohibited hate group, or a member of such an organisation, uses to identify the organisation or any part of 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;
(c) a symbol that:
(i) a state sponsor of terrorism uses; or
(ii) members (within the meaning of subsection 110.1(1)) of a state sponsor of terrorism use;
to identify the state sponsor of terrorism or any part of the state sponsor of terrorism;
(d) something that so nearly resembles a symbol to which paragraph (c) of this subsection applies that it is likely to be confused with, or mistaken for, that symbol.
(4) Paragraphs (3)(c) and (d) do not apply to:
(a) the flag of a foreign country; or
(b) the flag of part of a foreign country.
Definitions
(5) In this section:
member:
(a) in relation to a terrorist organisation—has the meaning given by Division 102; and
(b) in relation to a prohibited hate group—has the meaning given by Division 114A.
prohibited hate group has the meaning given by Division 114A.
terrorist organisation has the meaning given by Division 102.
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 public).
80.2G Meaning of trades
(1) For the purposes of this Subdivision, a person trades in goods if:
(a) the person sells the goods; or
(b) the person prepares the goods for supply with the intention of selling the goods or believing that another person intends to sell the goods; or
(c) the person transports the goods with the intention of selling the goods or believing that another person intends to sell the goods; or
(d) the person guards or conceals the goods with the intention of selling the goods or assisting another person to sell the goods; or
(e) the person possesses the goods with the intention of selling the goods.
(2) For the purposes of paragraph (1)(b) and sections 80.2J and 80.2JA, preparing goods for supply includes packaging the goods or separating the goods into discrete units.
(3) This section and sections 80.2J and 80.2JA apply in relation to leasing out or renting out (or agreeing to lease out or rent out) in the same way as they apply in relation to selling.
(4) In this section and sections 80.2J and 80.2JA:
conceal goods includes conceal or disguise:
(a) the nature, source or location of the goods; or
(b) any movement of the goods; or
(c) the rights of any person with respect to the goods; or
(d) the identity of any owner of the goods.
possession of goods includes the following:
(a) receiving or obtaining possession of the goods;
(b) having control over the disposition of the goods (whether or not the goods are in the custody of the person);
(c) having joint possession of the goods.
sell includes the following:
(a) barter or exchange;
(b) agree to sell.
supply includes the following:
(a) supply, whether or not by way of sale;
(b) agree to supply.
transport includes deliver.
80.2H Public display of prohibited Nazi symbols or giving Nazi salute
(1) A person commits an offence if:
(a) the person:
(i) causes a thing to be displayed in a public place; or
(ii) makes a gesture in a public place; and
(b) the thing is a prohibited Nazi symbol, or the gesture is a Nazi salute; and
(c) subsection (3), (4) or (7) applies.
Note: For defences, see subsections (9) and (10).
Penalty: Imprisonment for 5 years.
(2) Absolute liability applies to paragraph (1)(c).
(3) For the purposes of paragraph (1)(c), this subsection applies if a reasonable person who is a member of a group of persons distinguished by race, colour or national or ethnic origin (a targeted group) would consider that the conduct mentioned in paragraph (1)(a):
(a) involves dissemination of ideas of superiority over or hatred of a person who is a member of the targeted group, or the members of the targeted group, because of the race, colour or national or ethnic origin of the targeted group; or
(b) could incite another person or a group of persons to offend, insult, humiliate or intimidate:
(i) a person who is a member of the targeted group; or
(ii) the members of the targeted group.
Note: The object of this subsection is to give further effect to Article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination, done at New York on 21 December 1965. The Convention is in Australian Treaty Series 1975 No. 40 ([1975] ATS 40) and could in 2026 be viewed in the Australian Treaties Library on the AustLII website (https://www.austlii.edu.au).
(4) For the purposes of paragraph (1)(c), this subsection applies if a reasonable person who is a member of a group of persons distinguished by race, religion or nationality (a targeted group) would consider that the conduct mentioned in paragraph (1)(a) involves advocacy that:
(a) is advocacy of hatred of:
(i) the targeted group; or
(ii) a member of the targeted group; and
(b) constitutes incitement of another person or group of persons to offend, insult, humiliate, intimidate or use force or violence against:
(i) the targeted group; or
(ii) a member of the targeted group.
Note: The object of this subsection is to give further effect to Article 20 of the Covenant.
(5) For the purposes of paragraph (4)(a), it does not matter whether the conduct actually results in the hatred mentioned in that paragraph.
(6) For the purposes of paragraph (4)(b), it does not matter whether the conduct actually incites another person as mentioned in that paragraph.
(7) For the purposes of paragraph (1)(c), this subsection applies if the conduct mentioned in paragraph (1)(a) is likely to offend, insult, humiliate or intimidate a person who is:
(a) a reasonable person; and
(b) a member of a group of persons distinguished by race, colour, sex, sexual orientation, gender identity, intersex status, disability, language, religion, political or other opinion or national, ethnic or social origin;
because of the reasonable person’s membership of that group.
Note: The object of this subsection is to give further effect to article 26 of the Covenant.
(8) For the purposes of subsection (7), it does not matter whether a member of the group sees:
(a) the thing while it is displayed in a public place; or
(b) the gesture while it is made in a public place.
Defences—religious, academic, educational, artistic, literary, scientific or journalistic purpose
(9) Subsection (1) does not apply to a person if a reasonable person would consider that:
(a) the conduct mentioned in paragraph (1)(a) is engaged in for a purpose that is:
(i) a religious, academic, educational, artistic, literary or scientific purpose; and
(ii) not contrary to the public interest; or
(b) the conduct mentioned in paragraph (1)(a) is engaged in for the purposes of making a news report, or a current affairs report, that:
(i) is in the public interest; and
(ii) is made by a person working in a professional journalistic capacity.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).