(10) Subsection (1) does not apply to a person engaging in conduct mentioned in paragraph (1)(a) if:
(a) engaging in the conduct is necessary for enforcing a law of:
(i) the Commonwealth; or
(ii) a State; or
(iii) a Territory; or
(iv) a foreign country; or
(v) a part of a foreign country; or
(b) engaging in the conduct is necessary for monitoring compliance with, or investigating a contravention of, a law of:
(i) the Commonwealth; or
(ii) a State; or
(iii) a Territory; or
(iv) a foreign country; or
(v) a part of a foreign country; or
(c) the person engages in the conduct for the purposes of proceedings in a court or tribunal; or
(d) both:
(i) the person engages in the conduct in connection with the performance by a public official of the official’s duties or functions; and
(ii) engaging in the conduct is reasonable in the circumstances for the purpose of the public official performing that duty or function; or
(e) both:
(i) the person engages in the conduct in connection with an individual assisting a public official in relation to the performance of the public official’s duties or functions; and
(ii) engaging in the conduct 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; or
(f) the person genuinely engages in the conduct for the purpose of opposing Nazi ideology, fascism or a related ideology.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).
Functions
(11) 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.
80.2HA Public display of prohibited organisation symbols
(1) A person commits an offence if:
(a) the person causes a thing to be displayed in a public place; and
(b) the thing is a prohibited organisation symbol; 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 the thing while it is displayed 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)).
Defences—public duties etc. or opposing group ideology
(10) Subsection (1) does not apply to a person engaging in conduct mentioned in paragraph (1)(a) if:
(a) engaging in the conduct is necessary for enforcing a law of:
(i) the Commonwealth; or
(ii) a State; or
(iii) a Territory; or
(iv) a foreign country; or
(v) a part of a foreign country; or
(b) engaging in the conduct is necessary for monitoring compliance with, or investigating a contravention of, a law of:
(i) the Commonwealth; or
(ii) a State; or
(iii) a Territory; or
(iv) a foreign country; or
(v) a part of a foreign country; or
(c) the person engages in the conduct for the purposes of proceedings in a court or tribunal; or
(d) both:
(i) the person engages in the conduct in connection with the performance by a public official of the official’s duties or functions; and
(ii) engaging in the conduct is reasonable in the circumstances for the purpose of the public official performing that duty or function; or
(e) both:
(i) the person engages in the conduct in connection with an individual assisting a public official in relation to the performance of the public official’s duties or functions; and
(ii) engaging in the conduct 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; or
(f) the person genuinely engages in the conduct for the purpose of opposing the ideology or purposes of a terrorist organisation (within the meaning of Division 102), of a state sponsor of terrorism, or of a prohibited hate group (within the meaning of Division 114A).
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).
Functions
(11) 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.
80.2J Trading in prohibited Nazi symbols
(1) A person commits an offence if:
(a) the person trades in goods; and
(b) the goods depict or contain a prohibited Nazi symbol; and
(c) the person knows that, or is reckless as to whether, the prohibited Nazi symbol is associated with Nazi ideology; 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 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 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 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 symbol is a prohibited 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 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 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 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 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 organisation 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 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)).