Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 52D

52D Display, distribution or publication of prohibited symbols

(1) A person who publicly distributes, publishes or publicly displays a prohibited symbol in a way that might reasonably be expected to cause a member of the public to feel menaced, harassed or offended, commits an offence, unless the person has a reasonable excuse.

Penalty—

Maximum penalty—70 penalty units or 6 months imprisonment.

(2) Without limiting what may be a reasonable excuse for subsection (1) , a person has a reasonable excuse if—

(a) any of the following apply—

(i) the person engaged in the conduct that is alleged to constitute the offence for a genuine artistic, religious, educational, historical, legal or law enforcement purpose;

(ii) the person engaged in the conduct that is alleged to constitute the offence for a purpose that is in the public interest;

Example—

• publication of a fair and accurate report of an event or matter of public interest

• a genuine political or other genuine public dispute or issue carried on in the public interest

(iii) the person engaged in the conduct that is alleged to constitute the offence in opposition to the ideology represented by the prohibited symbol; and

(b) the person’s conduct was, in the circumstances, reasonable for that purpose.

(3) An evidential burden is placed on the defendant in relation to showing a reasonable excuse for subsection (1) .

(4) For subsection (1) , a person
"publicly displays" a prohibited symbol if the person—

(a) displays the symbol—

(i) in a place that the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or

(ii) in a place the occupier of which allows, whether or not on payment of money, members of the public to enter; or

(b) displays the symbol in a way that is visible from a place mentioned in paragraph (a) .

(5) To remove any doubt, it is declared that, for subsection (1) —

(a) the offence is committed at the time when the person distributes, publishes or displays the prohibited symbol; and

(b) it is irrelevant whether or not a member of the public has seen the prohibited symbol because of the distribution, publication or display.