Criminal Code Act 1995

A person commits an offence if:

the person causes a thing to be displayed in a public place; and

the thing is a prohibited organisation symbol; and

subsection (3), (4) or (7) applies.

For defences, see subsections (9) and (10).

Absolute liability applies to paragraph (1)(c).

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):

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

could incite another person or a group of persons to offend, insult, humiliate or intimidate:

a person who is a member of the targeted group; or

the members of the targeted group.

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).

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:

is advocacy of hatred of:

the targeted group; or

a member of the targeted group; and

constitutes incitement of another person or group of persons to offend, insult, humiliate, intimidate or use force or violence against:

the targeted group; or

a member of the targeted group.

The object of this subsection is to give further effect to Article 20 of the Covenant.

For the purposes of paragraph (4)(a), it does not matter whether the conduct actually results in the hatred mentioned in that paragraph.

For the purposes of paragraph (4)(b), it does not matter whether the conduct actually incites another person as mentioned in that paragraph.

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 reasonable person; and

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;

The object of this subsection is to give further effect to article 26 of the Covenant.

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.

Subsection (1) does not apply to a person if a reasonable person would consider that:

the conduct mentioned in paragraph (1)(a) is engaged in for a purpose that is:

a religious, academic, educational, artistic, literary or scientific purpose; and

not contrary to the public interest; or

the conduct mentioned in paragraph (1)(a) is engaged in for the purposes of making a news report, or a current affairs report, that:

is in the public interest; and

is made by a person working in a professional journalistic capacity.

A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).

Subsection (1) does not apply to a person engaging in conduct mentioned in paragraph (1)(a) if:

engaging in the conduct is necessary for enforcing a law of:

the Commonwealth; or

a State; or

a Territory; or

a foreign country; or

a part of a foreign country; or

engaging in the conduct is necessary for monitoring compliance with, or investigating a contravention of, a law of:

the Commonwealth; or

a State; or

a Territory; or

a foreign country; or

a part of a foreign country; or

the person engages in the conduct for the purposes of proceedings in a court or tribunal; or

both:

the person engages in the conduct in connection with the performance by a public official of the official’s duties or functions; and

engaging in the conduct is reasonable in the circumstances for the purpose of the public official performing that duty or function; or

both:

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

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

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).

A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).

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.