Crimes Act 1958

A person (the offender) commits an offence if—

the offender engages in conduct that grossly offends community standards of acceptable conduct; and

that conduct—

is engaged in at a public place; or

is seen or heard by a person in a public place; and

the offender knows that, or is reckless as to whether—

the place at which the conduct is engaged in is a public place; or

the conduct is likely to be seen or heard by a person in a public place; and

the offender knows, or a reasonable person would know, that the conduct would likely grossly offend community standards of acceptable conduct.

A person who commits an offence against subsection (1) is liable to level 6 imprisonment (5 years maximum).

A reference in subsection (1) to conduct being seen or heard does not include seeing or hearing it by using electronic communication.

A person's conduct does not grossly offend community standards of acceptable conduct just because—

the person uses language that is profane, indecent or obscene; or

the person is intoxicated.

It is a defence to a charge for an offence against subsection (1) if the accused engaged in the conduct reasonably and in good faith—

in the performance, exhibition or distribution of an artistic work; or

in the course of any statement or publication made, or discussion or debate held, or any other conduct engaged in, for—

a genuine political, academic, educational, artistic, religious, cultural or scientific purpose; or

a purpose that is in the public interest; or

in making or publishing a fair and accurate report of any event or matter of public interest.

In this section—

a public place within the meaning of section 3 of the Summary Offences Act 1966; or

a non-Government school within the meaning of section 1.1.3(1) of the Education and Training Reform Act 2006; or

a post-secondary education institution within the meaning of section 1.1.3(1) of the Education and Training Reform Act 2006.