Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021 (WA)

Western Australia Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021 Western Australia Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Family member 1 5. Act binds Crown 1 Part 2 — Consorting contrary to unlawful consorting notices Division 1 — Preliminary 6. Terms used 1 7. Child sex offence 1 8. Objects of Part 1 Division 2 — Unlawful consorting notices 9. Issue of unlawful consorting notice 1 10. Content of unlawful consorting notice 1 11. Service of unlawful consorting notice 1 12. Further service of unlawful consorting notice when served orally 1 13. Duration of unlawful consorting notice 1 14. Correcting mistakes in unlawful consorting notice 1 15. Revocation of unlawful consorting notice 1 16. Variation of unlawful consorting notice 1 17. Offence of consorting contrary to unlawful consorting notice 1 18. Defences to charge of consorting contrary to unlawful consorting notice 1 Division 3 — Police powers 19. Police powers relating to unlawful consorting notices 1 20. Offence of failure to comply with directions of police officer 1 Part 3 — Prohibited insignia and consorting contrary to dispersal notices Division 1 — Preliminary 21. Terms used 1 22. Insignia of identified organisation 1 23. Objects of Part 1 Division 2 — Prohibited insignia Subdivision 1 — Display of insignia of identified organisations in public places prohibited 24. Display of insignia of identified organisation in public place 1 25. Offence of displaying insignia of identified organisation in public place 1 25A. Liability of officers for offence by body corporate 1 26. Defences to charge of displaying insignia of identified organisation in public place 1 Subdivision 2 — Insignia removal notices 27. Issue of insignia removal notice 1 28. Content of insignia removal notice 1 29. Service of insignia removal notice 1 30. Duration of insignia removal notice 1 31. Correcting mistakes in insignia removal notice 1 32. Revocation of insignia removal notice 1 33. Offence of hindering removal or modification of prohibited things under insignia removal notice 1 Subdivision 3 — Police powers 34. Police powers relating to insignia removal notice 1 35. No compensation under this Part 1 Division 3 — Consorting contrary to dispersal notices Subdivision 1 — Dispersal notices 36. Issue of dispersal notice 1 37. Content of dispersal notice 1 38. Service of dispersal notice 1 39. Duration of dispersal notice 1 40. Correcting mistakes in dispersal notice 1 41. Revocation of dispersal notice 1 42. Offence of consorting contrary to dispersal notice 1 43. Defences to charge of consorting contrary to dispersal notice 1 Subdivision 2 — Police powers 44. Police powers relating to issue and service of dispersal notices 1 45. Police powers in relation to dispersal notices that have been served and issued 1 46. Offence of failure to comply with directions of police officer 1 Part 4 — Monitoring 47. Terms used 1 48. Parliamentary Commissioner to monitor exercise of powers 1 49. Powers for entry and inspection of records 1 50. Powers to obtain information relevant to inspections 1 51. Authorised recording, disclosure or use of information 1 52. Parliamentary Commissioner may recommend revocation or variation of unlawful consorting notices 1 53. Commissioner of Police to report on use of police powers to Parliamentary Commissioner 1 54. Parliamentary Commissioner to report on monitoring activities 1 55. Jurisdiction under Parliamentary Commissioner Act 1971 not limited 1 Part 5 — Miscellaneous 56. Proof of service 1 57. Protection from personal liability 1 58. Delegation by Commissioner of Police of revocation or variation functions 1 59. Delegation by Commissioner of Police of insignia removal function 1 60. Delegation by Parliamentary Commissioner 1 61. Regulations 1 62. Review of Act 1 Part 6 — Other Acts amended Division 1 — Community Protection (Offender Reporting) Act 2004 amended 63. Act amended 1 64. Schedule 2 amended 1 Division 2 — The Criminal Code amended 65. Act amended 1 66. Section 557J deleted 1 68. Schedule 1 clause 4 inserted 1 4. Transitional provisions for Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021 1 Schedule 1 — Child sex offences Schedule 2 — Identified organisations Notes Compilation table 1 Uncommenced provisions table 1 Defined terms Western Australia Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021 An Act to — * make consorting unlawful between certain offenders; and * provide for the identification of organisations for the purposes of this Act; and * prohibit the display in public places of insignia of identified organisations; and * provide for the issue of dispersal notices to members of identified organisations and make any consorting contrary to those notices unlawful; and * provide for police powers relating to unlawful consorting and insignia of identified organisations; and * make consequential and other amendments to the Community Protection (Offender Reporting) Act 2004 and The Criminal Code. Part 1 — Preliminary 1. Short title This is the Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021. 2. Commencement This Act comes into operation as follows — (a) Part 1 — on the day on which this Act receives the Royal Assent; (b) the rest of the Act (other than section 67) — on a day fixed by proclamation; (c) section 67 — on the day after the period of 3 years beginning on the day fixed under paragraph (b). 3. Terms used In this Act — authorised officer means a police officer who is, or is acting as, a Commander or an officer of a rank more senior than a Commander; Commissioner of Police means the person holding or acting in the office of Commissioner of Police under the Police Act 1892; consort, with another person — (a) means — (i) to seek, or accept, the company of the other person; or (ii) to be in the company of the other person; or (iii) to communicate directly or indirectly with the other person by any means (including by post, facsimile, telephone, email or any other form of electronic communication); and (b) includes consorting with the other person, in any of the ways mentioned in paragraph (a) — (i) within this State; or (ii) outside this State (including outside Australia); dispersal notice has the meaning given in section 36; family member, of a person, has the meaning given in section 4; health service has the meaning given in the Health Services Act 2016 section 7; identifying reference, of an authorised officer, includes the officer's registered number; Indigenous person means an Aboriginal person or a Torres Strait Islander; insignia removal notice has the meaning given in section 27(2); Parliamentary Commissioner means the Parliamentary Commissioner for Administrative Investigations appointed under the Parliamentary Commissioner Act 1971; personal details, in relation to a person, means the following — (a) the person's full name; (b) the person's date of birth; (c) the address where the person is residing; (d) the address where the person usually resides, if that is different from the address referred to in paragraph (c); (e) the person's business address; personal service, of a document on a person, means serving the document by — (a) handing it to the person; or (b) if the person refuses to accept it — leaving it near the person and orally drawing the person's attention to it; prescribed means prescribed by the regulations; record — (a) means any record of information, irrespective of how the information is recorded or stored or able to be recovered; and (b) includes — (i) any thing from which images, sounds or writings can be reproduced, with or without the aid of anything else; and (ii) any thing on which information is recorded or stored, whether electronically, magnetically, mechanically or by some other means; relevant service method, in relation to service of a document on a person under this Act, means any of the following — (a) personal service of the document on the person; (b) delivering the document to a physical address nominated by the person; (c) delivering the document to an electronic address nominated by the person; social welfare service includes services provided by governments and charitable organisations for community welfare, financial assistance, housing and temporary accommodation; unlawful consorting notice has the meaning given in section 9(1); vehicle has the meaning given in the Criminal Investigation Act 2006 section 3(1). 4. Family member (1) A person is a family member of another person if the person is any of the following — (a) a spouse or de facto partner of the person; (b) a person with whom the person shares parental responsibility for a child; (c) a parent or step‑parent of the person; (d) a child or step‑child of the person; (e) a grandparent or step‑grandparent of the person; (f) a grandchild or step‑grandchild of the person; (g) a sibling or step‑sibling of the person; (h) a guardian or ward of the person. (2) Without limiting subsection (1), a person is a family member of another person who is an Indigenous person if, under the customary law and culture of the Indigenous person's community, the person is regarded as a member of the extended family or kinship group of the Indigenous person. 5. Act binds Crown This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. Part 2 — Consorting contrary to unlawful consorting notices Division 1 — Preliminary 6. Terms used In this Part — child sex offence has the meaning given in section 7(1); conviction — (a) means a finding of guilt, or the acceptance of a plea of guilty, in respect of an offence, whether summarily or on indictment; but (b) does not include — (i) a finding of guilt, or the acceptance of a plea of guilty, in respect of an offence committed by a person before the person had reached 18 years of age; or (ii) a spent conviction as defined in the Spent Convictions Act 1988 section 3; named offender has the meaning given in section 10(b); relevant offender means — (a) a person against whom a conviction has been recorded for 1 or more of the following — (i) an indictable offence; (ii) a child sex offence; (iii) an indictable offence under a law of the Commonwealth; (iv) an offence under a law of the Commonwealth that, if committed in this State, would constitute a child sex offence; (v) an offence under a law of another State, a Territory or another country that, if committed in this State, would constitute an indictable offence or child sex offence; (vi) an offence under section 25(2) or 42(1); or (b) a person who is declared to be a drug trafficker under the Misuse of Drugs Act 1981 section 32A(1)(c); restricted offender has the meaning given in section 9(1). 7. Child sex offence (1) A child sex offence is an offence listed in Schedule 1. (2) A reference in Schedule 1 item 1 or 2 to a provision of The Criminal Code includes a reference to the provision as enacted at any time. (3) A reference in Schedule 1 item 4 to a provision of The Criminal Code includes a reference to the provision as enacted at any time before it was repealed. 8. Objects of Part The objects of this Part are to disrupt and restrict the capacity of relevant offenders to organise, plan, support or encourage the carrying out of criminal activity. Division 2 — Unlawful consorting notices 9. Issue of unlawful consorting notice (1) An authorised officer may issue a notice (an unlawful consorting notice) in respect of a person (a restricted offender) if — (a) the person has reached 18 years of age; and (b) the person is a relevant offender who — (i) has consorted, or is consorting, with another relevant offender; or (ii) the officer suspects on reasonable grounds is likely to consort with another relevant offender; and (c) the officer considers that it is appropriate to issue the notice in order to disrupt or restrict the capacity of relevant offenders to engage in conduct constituting an indictable offence. (2) The reference in subsection (1) to conduct constituting an indictable offence includes conduct engaged in outside this State (including outside Australia) that, if it occurred in this State, would constitute an indictable offence. (3) The unlawful consorting notice may be issued in respect of consorting before, on or after the day on which this section commenced. 10. Content of unlawful consorting notice An unlawful consorting notice must specify the following — (a) the name and residential address of the restricted offender; (b) the name of each relevant offender (a named offender) with whom the restricted offender must not consort; (c) that consorting on 2 further occasions with any named offender (irrespective of whether the consorting occurs with the same named offender on each occasion or with a different named offender on each occasion) may lead to the commission of a crime under section 17(1); (d) the date of issue of the notice; (e) the name, rank and identifying reference of the authorised officer who issued the notice; (f) that the notice remains in effect for a period of 3 years beginning on the day on which the notice is served unless revoked sooner; (g) any other prescribed matters. 11. Service of unlawful consorting notice (1) An authorised officer must, as soon as practicable after issuing an unlawful consorting notice, ensure that a police officer serves the notice on the restricted offender — (a) orally; or (b) in writing, by personal service. (2) The police officer must explain to the restricted offender, in language likely to be understood by the restricted offender — (a) the restricted offender's obligations under the notice; and (b) the consequences that may follow if the restricted offender fails to comply with those obligations. (3) Failure to comply with subsection (2) does not invalidate an unlawful consorting notice. (4) An unlawful consorting notice expires if it is not served within 2 months after it is issued. 12. Further service of unlawful consorting notice when served orally (1) If an unlawful consorting notice is served orally, a police officer must, within 72 hours after the notice is served — (a) confirm the notice in accordance with subsection (2); and (b) make a record of the particulars of the confirmation of the notice. (2) For the purposes of subsection (1)(a), the police officer must serve, by a relevant service method, a written record of the unlawful consorting notice containing the particulars referred to in section 10. (3) An unlawful consorting notice that is not confirmed in accordance with subsection (2) expires 72 hours after it is served. 13. Duration of unlawful consorting notice (1) An unlawful consorting notice takes effect when the notice is served on the restricted offender. (2) The unlawful consorting notice remains in effect for a period of 3 years beginning on the day on which it takes effect, unless the notice — (a) expires in accordance with section 12(3); or (b) is revoked sooner under section 15(4). 14. Correcting mistakes in unlawful consorting notice (1) An authorised officer may correct an unlawful consorting notice if the notice contains — (a) a clerical mistake; or (b) a mistake arising from an accidental slip or omission; or (c) a material mistake in the description of any person, thing or matter referred to in the notice. (2) The authorised officer must, as soon as practicable after an unlawful consorting notice is corrected under this section — (a) ensure that the restricted offender is notified of the correction by a relevant service method; and (b) make a record of the particulars of the correction of the notice. (3) An unlawful consorting notice corrected under this section has the same validity and effect as if the mistake had not been made. 15. Revocation of unlawful consorting notice (1) A restricted offender may apply to the Commissioner of Police to revoke an unlawful consorting notice. (2) The application must be made — (a) in writing; and (b) during the period that the unlawful consorting notice is in effect. (3) The Commissioner of Police must determine the application within 60 days after the application is made. (4) The Commissioner of Police must, by written notice (a revocation notice), revoke an unlawful consorting notice if the Commissioner is, on an application under subsection (1) or on the Commissioner's own initiative, satisfied that — (a) the unlawful consorting notice was invalidly issued because the requirements under section 9(1) for issuing the unlawful consorting notice were not met; or (b) the unlawful consorting notice was validly issued but the requirements under section 9(1) for issuing the unlawful consorting notice are no longer met due to a change in the circumstances. (5) The revocation notice takes effect when it is made. (6) The revocation notice must specify the following — (a) the name and residential address of the restricted offender; (b) details that identify the unlawful consorting notice; (c) the date on which the revocation notice is made; (d) that the revocation notice takes effect when it is made; (e) any other prescribed matters. (7) The Commissioner of Police must, as soon as practicable after making a notice — (a) serve or cause to be served, by a relevant service method, the revocation notice on the restricted offender; and (b) make a record of, or cause to be recorded, the particulars referred to in subsection (6). 16. Variation of unlawful consorting notice (1) A restricted offender may apply to the Commissioner of Police to vary an unlawful consorting notice to remove a named offender. (2) The application must be made — (a) in writing; and (b) during the period that the unlawful consorting notice is in effect. (3) The Commissioner of Police must determine the application within 60 days after the application is made. (4) The Commissioner of Police must, by written notice (a variation notice), vary an unlawful consorting notice to remove a named offender if the Commissioner is, on an application under subsection (1) or on the Commissioner's own initiative, satisfied that — (a) the requirements under section 9(1) for issuing the unlawful consorting notice are no longer met in respect of the named offender due to a change in the circumstances; and (b) the unlawful consorting notice still specifies at least 1 named offender. (5) The variation notice takes effect when it is made. (6) The variation notice must specify all of the following — (a) the name and residential address of the restricted offender; (b) the named offender being removed from the unlawful consorting notice; (c) details that identify the unlawful consorting notice; (d) the date on which the variation notice is made; (e) that the variation notice takes effect when it is made; (f) any other prescribed matters. (7) The Commissioner of Police must, as soon as practicable after making a variation notice — (a) serve or cause to be served, by a relevant service method, the notice on the restricted offender; and (b) make a record of, or cause to be recorded, the particulars referred to in subsection (6). 17. Offence of consorting contrary to unlawful consorting notice (1) A person commits a crime if — (a) an unlawful consorting notice is served on the person; and (b) during the period that the notice is in effect, the person consorts with a named offender on 2 or more occasions. Penalty for this subsection: imprisonment for 5 years. Summary conviction penalty for this subsection: imprisonment for 2 years. (2) For the purposes of subsection (1), it does not matter whether the consorting occurred with the same named offender on each occasion or with a different named offender on each occasion. (3) Nothing in subsection (1) requires the prosecution to prove — (a) that the consorting occurred for a particular purpose; or (b) that the consorting would have led to engaging in conduct constituting an indictable offence. 18. Defences to charge of consorting contrary to unlawful consorting notice (1) It is a defence to a charge of a crime under section 17(1) to prove that the consorting — (a) occurred between persons who are family members; and (b) was reasonable in the circumstances. (2) It is a defence to a charge of a crime under section 17(1) to prove that the consorting — (a) occurred in the course of 1 or more of the following — (i) engaging in a lawful occupation, trade or profession; (ii) attendance at an educational institution to take part in secondary education or a higher education course registered under the Higher Education Act 2004 section 23(3) or an approved VET course as defined in the Vocational Education and Training Act 1996 section 5(1); (iii) receiving a health service or social welfare service; (iv) obtaining a service mentioned in subparagraph (iii) for a person who is dependent upon the person charged for care and support; (v) the provision of legal advice; (vi) lawful custody; (vii) complying with a written law, an order made by a court or tribunal, or any other order, direction or requirement made under a written law; (viii) activities undertaken by members of an organisation of employees registered under the Industrial Relations Act 1979 Part II Division 4, or the Fair Work (Registered Organisations) Act 2009 (Commonwealth), for the purposes of the business of the organisation; (ix) if the person charged is an Indigenous person —fulfilling a cultural practice or obligation of the customary laws or traditions of the Indigenous person's community; and (b) was necessary in the circumstances. (3) Consorting referred to in subsection (1) or (2) is not reasonable or necessary (as the case may be) if a purpose of the consorting — (a) is to avoid the operation of an unlawful consorting notice; or (b) relates to criminal activity. Division 3 — Police powers 19. Police powers relating to unlawful consorting notices (1) A police officer who suspects on reasonable grounds that someone is a person on whom an unlawful consorting notice must be served under section 11(1) may do all or any of the following — (a) require the person to stop; (b) require the person to provide their personal details; (c) require the person to accompany the officer to a police station or other place to serve on the person the notice; (d) require the person to remain at a police station or some other particular place for as long as is reasonably necessary, but no longer than 2 hours, to serve on the person the notice; (e) serve on the person the notice; (f) if the notice is served orally — confirm the notice under section 12(1)(a). (2) For the purposes of exercising the powers in subsections (1), (4) and (6), the police officer may — (a) in respect of a vehicle in which the officer suspects on reasonable grounds the person is located — (i) enter the vehicle; and (ii) keep the vehicle at a particular place for as long as is reasonably necessary, but no longer than 2 hours, in order to serve on the person an unlawful consorting notice; and (b) use reasonable force. (3) If the police officer suspects on reasonable grounds that a personal detail provided by the person in response to a requirement under subsection (1)(b) is false, the officer may require the person to produce evidence of the correctness of the detail. (4) If the person refuses or fails to comply with a requirement under this section, the police officer may convey the person to, and detain the person at, a place for as long as is reasonably necessary, but no longer than 2 hours, to serve on the person an unlawful consorting notice. (5) The person is taken to be in lawful custody while the person is being conveyed to, and detained at, a place. (6) If a police officer suspects on reasonable grounds that a restricted offender is consorting with a named offender, the officer may require the restricted offender — (a) to leave a place, or a part of a place, specified by the officer; or (b) to go beyond a reasonable distance from a place, or a part of a place, specified by the officer; or (c) to comply with a requirement of the officer under paragraph (a) or (b) for a reasonable period specified by the officer that does not exceed 24 hours. (7) Subsection (6) does not apply if the police officer is satisfied that the circumstances referred to in section 18 would give the restricted offender a defence to a charge of a crime under section 17(1) in relation to the consorting. 20. Offence of failure to comply with directions of police officer (1) A person who, without reasonable excuse, fails to comply with the requirement of a police officer under section 19(1)(a), (c) or (d) or (6) commits an offence. Penalty for this subsection: imprisonment for 12 months and a fine of $12 000. (2) A person who is required by a police officer in accordance with section 19(1)(b) to provide their personal details commits an offence if the person, without reasonable excuse — (a) fails or refuses to comply with the requirement; or (b) provides any personal detail that is false in a material particular. Penalty for this subsection: imprisonment for 12 months and a fine of $12 000. (3) A person who is required by a police officer in accordance with section 19(3) to produce evidence of the correctness of a personal detail commits an offence if the person, without reasonable excuse — (a) fails or refuses to comply with the requirement; or (b) produces evidence that is false in a material particular. Penalty for this subsection: imprisonment for 12 months and a fine of $12 000. (4) It is not a defence to a charge of an offence under subsection (2) or (3) that information required to be given would or might incriminate the person. Part 3 — Prohibited insignia and consorting contrary to dispersal notices Division 1 — Preliminary 21. Terms used In this Part — display, of insignia of an identified organisation in a public place, has a meaning affected by section 24; identified organisation means an organisation named in Schedule 2; insignia, of an identified organisation, has the meaning given in section 22; member, of an identified organisation, means a person — (a) who has been accepted as a member of the organisation, whether informally or through a process set by the organisation; or (b) who identifies in any way as belonging to the organisation; or (c) whose conduct in relation to the organisation would reasonably lead another person to consider the person to be a member of the organisation; named person has the meaning given in section 37(b); owner, of a relevant place, means — (a) if the place comprises, or is on, land that is subject to the Transfer of Land Act 1893 or the Land Administration Act 1997 — a proprietor of the land as defined in the Transfer of Land Act 1893 section 4(1); (b) if the place comprises, or is on, land that is subject to the Registration of Deeds Act 1856 — the holder of an estate or interest in the land that is registered by memorial under that Act; place includes a vehicle; prohibited thing — (a) means a thing marked with insignia of an identified organisation; but (b) does not include a tattoo or other body marking that comprises or includes insignia of an identified organisation; public place — (a) includes a place to which the public, or a section of the public, is entitled to have lawful access, whether on payment of money, through membership of a club or other body, or otherwise; but (b) does not include a place to which only members of an identified organisation, or their associates, are entitled to have lawful access; relevant place means a place where a prohibited thing is situated; required person has the meaning given in section 27(3); restricted person has the meaning given in section 36. 22. Insignia of identified organisation (1) The following are insignia of an identified organisation — (a) the name of the organisation; (b) the logo or patch of the organisation; (c) another image, symbol, abbreviation, acronym or other form of writing or mark that indicates membership of, or an association with, the organisation. (2) In addition, the following are taken to be insignia of every identified organisation — (a) the symbol "1%"; (b) the symbol "1%er". 23. Objects of Part (1) In this section — organisation‑related activity means — (a) the display of insignia of identified organisations in public places; or (b) the consorting of members of identified organisations in public places; potential to cause public harm means the potential to — (a) cause members of the public to feel threatened, fearful or intimidated; or (b) have an undue adverse effect on the health or safety of members of the public; or (c) increase the likelihood of public disorder or acts of violence. (2) The objects of this Part are — (a) to ensure that members of the public may lawfully use and pass through public places without experiencing fear or intimidation because of organisation‑related activity that has the potential to cause public harm; and (b) to reduce the likelihood of public disorder or acts of violence in public places; and (c) to reduce the membership of identified organisations, members of which might engage in organisation‑related activity that has the potential to cause public harm. Division 2 — Prohibited insignia Subdivision 1 — Display of insignia of identified organisations in public places prohibited 24. Display of insignia of identified organisation in public place (1) A person is taken to display insignia of an identified organisation in a public place if the person — (a) wears, carries or otherwise possesses or controls a prohibited thing in a manner that insignia of an identified organisation would be visible to another person in the public place; or (b) has a tattoo or other body marking that — (i) comprises or includes insignia of an identified organisation; and (ii) is left uncovered in a manner that insignia of an identified organisation would be visible to another person in the public place. (2) Subsection (1) applies — (a) whether the thing or person marked with insignia of an identified organisation is — (i) physically in the public place; or (ii) physically in some other place from where the insignia would be visible to another person in the public place; and (b) regardless of whether — (i) the insignia is seen by another person; or (ii) another person is in the public place. [Section 24 amended: No. 29 of 2024 s. 6.] 25. Offence of displaying insignia of identified organisation in public place [(1) deleted] (2) A person commits an offence if the person displays insignia of an identified organisation in a public place. Penalty for this subsection: (a) in the case of an individual — imprisonment for 12 months and a fine of $12 000; (b) in the case of a body corporate — a fine of $60 000. (3) Subsection (2) does not apply to an individual who has not reached 18 years of age. [(4)-(6) deleted] [Section 25 amended: No. 9 of 2023 s. 45.] 25A. Liability of officers for offence by body corporate The Criminal Code section 41 (which provides for the criminal liability of officers of a body corporate) applies to an offence under section 25(2) of this Act. [Section 25A inserted: No. 9 of 2023 s. 46.] 26. Defences to charge of displaying insignia of identified organisation in public place (1) It is a defence to a charge of an offence under section 25(2) to prove that the display was — (a) for any of the following purposes — (i) a genuine artistic or educational purpose; (ii) law enforcement; (iii) the performance of a legal practitioner's functions or the receipt of legal advice; and (b) in the circumstances, reasonable for that purpose. (2) It is a defence to a charge of an offence under section 25(2) to prove that the display was for the purposes of collecting, preparing for the sale or distribution of, or selling or distributing — (a) material having the character of news, current affairs or a documentary; or (b) material consisting of commentary or opinion on, or analysis of, news, current affairs, or a documentary. (3) It is a defence to a charge of an offence under section 25(2) to prove that the accused did not know that the accused was displaying insignia of an identified organisation. (4) It is a defence to a charge of an offence under section 25(2) to prove that the insignia was being displayed only — (a) to indicate membership of, or an association with, an organisation other than an identified organisation; or (b) for a purpose or meaning other than as insignia of an identified organisation. (5) It is a defence to a charge of an offen