Criminal Code Act 1995
Schedule
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The Criminal Code
Division 80
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Treason, urging or threatening violence, offences against groups or members of groups, advocating terrorism or genocide, and prohibited symbols and Nazi salute
Subdivision CA
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Publicly displaying, and trading in, prohibited symbols and giving Nazi salute
SECTION 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;
(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.
(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.
Section 3
CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH Part 5.1 - Treason and related offences
View history note
Hide history noteA 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.
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