Summary Offences (Terrorist Organisation Symbols) Amendment Bill 2024 (SA)

South Australia Summary Offences (Terrorist Organisation Symbols) Amendment Bill 2024 A Bill For An Act to amend the Summary Offences Act 1953.

Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Summary Offences Act 1953 3 Insertion of Part 7AA Part 7AA—Terrorist Organisation Symbols 35A Interpretation 35B Prohibition on use of prescribed terrorist symbols 35C Direction to remove prescribed terrorist symbol from display 35D Confiscation of certain items 35E Damaging or destroying certain flags

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Summary Offences (Terrorist Organisation Symbols) Amendment Act 2024. 2—Commencement This Act comes into operation on the day on which it is assented to by, or on behalf of, the Crown.

Part 2—Amendment of Summary Offences Act 1953 3—Insertion of Part 7AA After Part 7 insert: Part 7AA—Terrorist Organisation Symbols 35A—Interpretation (1) In this Part— Commonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or a law of the Commonwealth that replaces that code; intelligence agency means— (a) the Australian Security Intelligence Organisation; or (b) the Australian Secret Intelligence Service; or (c) the Australian Signals Directorate; or (d) the Office of National Intelligence; law enforcement officer means— (a) a police officer or a member of the police force or police service of any other State or of the Northern Territory; or (b) a member of the Australian Federal Police; or (c) a member of staff of the Australian Crime Commission established by the Australian Crime Commission Act 2002 of the Commonwealth; prescribed terrorist symbol—each of the following is a prescribed terrorist symbol: (a) a symbol commonly associated with a prescribed terrorist organisation; (b) any other symbol prescribed by the regulations for the purposes of this definition; (c) a symbol that so nearly resembles a symbol referred to in a preceding paragraph that it is likely to be mistaken for such a symbol; publish—a person publishes a prescribed terrorist symbol if they— (a) include the symbol in a publicly viewable post on a website, social media platform or other electronic platform; or (b) publish the symbol in a book, newspaper, magazine or other written publication; or (c) distribute the symbol in a book, newspaper, magazine or other written publication; or (d) broadcast the symbol (whether by television or other means); or (e) display the symbol in a public place, or in a manner observable by a person in a public place; or (f) engage in any other act of a kind prescribed by the regulations; symbol includes a flag or an emblem; terrorist act has the same meaning as in Part 5.3 of the Commonwealth Criminal Code; prescribed terrorist organisation means an organisation— (a) specified as a terrorist organisation by the Commonwealth Criminal Code; or (b) prescribed by the regulations for the purposes of this definition. (2) For the purposes of this Part, a person does not publish a prescribed terrorist symbol if the person distributes or disseminates matter containing the symbol to the public and the person does not know, and could not reasonably be expected to know, the content of the matter. 35B—Prohibition on use of prescribed terrorist symbols (1) A person who publishes a prescribed terrorist symbol is guilty of an offence. Maximum penalty: $20 000 or imprisonment for 12 months. (2) A person does not contravene subsection (1) if the publication of the prescribed terrorist symbol was for a legitimate public purpose. (3) For the purposes of subsection (2), publication of a symbol will only be taken to be for a legitimate public purpose if the publication of the symbol was in the public interest having regard to the following: (a) whether the publication was for a genuine academic, artistic, religious or scientific purpose; (b) whether the publication was for a genuine cultural or educational purpose; (c) whether the publication was for the purpose of making or publishing a fair and accurate report of any event or matter of public interest; (d) whether the publication was in opposition to terrorism. (4) However, publication of a prescribed terrorist symbol will be taken not to be for a legitimate public purpose where the publication is for a purpose that a reasonable person would understand to be— (a) directly or indirectly encouraging, glorifying, promoting or condoning terrorist acts or organisations; or (b) seeking support for, or justifying, terrorist organisations or the carrying out of terrorist acts. (5) A law enforcement officer or a member of an intelligence agency does not contravene subsection (1) if the publication occurs in the performance of the officer's or member's duties and is done in good faith. (6) A person does not contravene subsection (1) if the publication occurs in the course of official duties connected with the administration of the justice system, including the investigation or prosecution of offences, and is done in good faith. (7) If a person is found guilty of an offence under subsection (1) the court may, in addition to imposing a penalty for the offence, make an order requiring the defendant to pay the reasonable costs and expenses of any action taken for the purposes of removing any relevant prescribed terrorist symbols from display. 35C—Direction to remove prescribed terrorist symbol from display (1) A police officer may give a direction to a person (including, to avoid doubt, to an owner or occupier of premises) to remove from display a prescribed terrorist symbol if the police officer reasonably believes the display constitutes an offence against section 35B. (2) A direction under subsection (1)— (a) may be given orally or in writing; and (b) must specify the period within which it is to be complied with. (3) A person must not, without reasonable excuse, contravene a direction under subsection (1). Maximum penalty: $5 000. 35D—Confiscation of certain items Without limiting any other provision of this or any other Act or law, where a police officer reasonably suspects that a contravention of section 35B or section 35C has occurred, the police officer may confiscate any item to which the suspected contravention relates. 35E—Damaging or destroying certain flags (1) A person who, without reasonable excuse, damages, destroys, defaces or desecrates a prescribed flag in a public place is guilty of an offence. Maximum penalty: $10 000. (2) In this section— prescribed flag means— (a) the national flag of Australia or any other country; or (b) any other flag, or flag of a class, prescribed by the regulations, and includes an image of a prescribed flag.