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PROTECTION OF PUBLIC PARTICIPATION ACT 2008 - SECT 7 Meaning of public participation

PROTECTION OF PUBLIC PARTICIPATION ACT 2008 - SECT 7

Meaning of public participation

    (1)     In this Act:

"public participation "means conduct that a reasonable person would consider is intended (in whole or part) to influence public opinion, or promote or further action by the public, a corporation or government entity in relation to an issue of public interest.

    (2)     However, "public participation" does not include conduct—

        (a)     that contravenes a court order or constitutes contempt of court; or

        (b)     that constitutes unlawful vilification under the Discrimination Act 1991

, section 67A; or

        (c)     that constitutes an offence against the Criminal Code

, section 750 (Serious vilification); or

        (d)     that causes, or is reasonably likely to cause, physical injury or damage to property; or

        (e)     that constitutes unlawful entry at residential premises; or

        (f)     that constitutes an offence punishable by imprisonment for longer than 12 months; or

        (g)     if—

              (i)     the conduct is communication by a party to an industrial dispute between an employer and employee, former employee, contractor or agent; and

              (ii)     the communication relates to the subject matter of the dispute; or

        (h)     that constitutes the advertising of goods or services for commercial purposes; or

              (i)     that incites others to engage in conduct mentioned in paragraphs (a), (b), (c), (d), (e) or (f).

    (3)     Subsection (2) applies in relation to a person's conduct whether or not the person has been convicted or found guilty of an offence for the conduct.