Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 52C

52C Prohibited symbols

(1) A
"prohibited symbol" is a symbol or image—

(a) prescribed by regulation for this section; or

(b) that so nearly resembles a symbol referred to in paragraph (a) that it is likely to be confused with or mistaken for that symbol.

(2) A regulation under subsection (1) (a) —

(a) must prescribe the symbol or image as a graphic representation of the symbol or image; and

(b) may not prescribe the symbol or image by describing a class of symbols or images.

(3) The Minister may recommend to the Governor in Council the making of a regulation under subsection (1) (a) only if the Minister is satisfied the symbol or image—

(a) is widely known by the public as being solely or substantially representative of an ideology of extreme prejudice against a relevant group; or

(b) is widely known by members of a relevant group as being solely or substantially representative of an ideology of extreme prejudice against that group.

(4) Also, the Minister must, before making the recommendation, consult with each of the following persons about the proposed recommendation—

(a) the chairperson of the Crime and Corruption Commission;

(b) the Human Rights Commissioner under the Anti-Discrimination Act 1991 ;

(c) the commissioner of the police service under the Police Service Administration Act 1990 .

(5) In this section—

"relevant group" means a group of persons who identify with each other on the basis of an attribute or characteristic that is, or is based on, the race, religion, sexuality, sex characteristics or gender identity of the persons.