Australian Capital Territory Current Acts

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CRIMINAL CODE 2002 - SECT 753

Direction to remove Nazi symbol from public display

    (1)     A police officer may direct a person to remove a Nazi symbol from display if the police officer reasonably believes that the person is committing an offence against section 752 by displaying the Nazi symbol.

    (2)     A police officer may direct a person to remove a Nazi symbol from display at premises if—

        (a)     the person is the owner or occupier of the premises; and

        (b)     the police officer reasonably believes that an offence is being committed against section 752 by the display of the Nazi symbol.

    (3)     A direction under this section—

        (a)     may be given orally or in writing; and

        (b)     must state when the direction must be complied with.

    (4)     If the direction cannot be given in person, a police officer may leave a written direction—

        (a)     at the premises where the Nazi symbol is being displayed; or

        (b)     if the display is in or on a vehicle—by attaching or placing the direction on the vehicle in a conspicuous place.

    (5)     A person must comply with a direction given to the person under this section.

Maximum penalty: 10 penalty units.

    (6)     Subsection (5) does not apply if the person has a reasonable excuse.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (6) (see s 58).



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