Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026 (2 of 2026)

Schedule 1   Criminal law amendments

Part 6   Hate symbols

Division 1   Reversing the burden of proof for public interest elements of prohibited symbols offences

Criminal Code Act 1995

40   Subsection 80.2HA(9) of the Criminal Code

Repeal the subsection, substitute:

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)).