Criminal Code Act 1995

A police officer may, in accordance with section 80.2L, direct a person to cause a prohibited symbol to cease to be displayed in a public place if:

the prohibited symbol is displayed in a public place as mentioned in subsection 80.2F(1) (including by being made available on the internet); and

subsection (2), (3) or (6) of this section applies.

The police officer may, under section 80.2N, also seize a thing that is, depicts or contains the prohibited symbol.

For the purposes of paragraph (1)(b), this subsection applies if the police officer reasonably suspects that the display in a public place mentioned in paragraph (1)(a):

involves dissemination of ideas based on racial superiority or racial hatred; or

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

a person (the targeted person) because of the race of the targeted person; or

the members of a group of persons (the targeted group) because of the race of some or all of 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 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

For the purposes of paragraph (1)(b), this subsection applies if the police officer reasonably suspects that the display in a public place mentioned in paragraph (1)(a) involves advocacy that:

is advocacy of hatred of:

a group of persons distinguished by race, religion or nationality (a targeted group); or

a member of a 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 (3)(a), it does not matter whether the conduct actually results in the hatred mentioned in that paragraph.

For the purposes of paragraph (3)(b), it does not matter whether the conduct actually incites another person as mentioned in that paragraph.

For the purposes of paragraph (1)(b), this subsection applies if the police officer reasonably suspects that the display in a public place 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 (6), it does not matter whether a member of the group sees the prohibited symbol while it is displayed in a public place.

A direction given under subsection (1) must specify the time by which the prohibited symbol must cease to be displayed in a public place. The time must be reasonable.

In this section:

a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979); or

a special member of the Australian Federal Police (within the meaning of that Act); or

a member (however described) of a police force of a State or Territory.