(1) A person commits an offence if—
(a) the person displays a Nazi symbol; and
(b) the person knows, or ought reasonably to know, that the symbol is associated with Nazi ideology; and
(c) the display is other than in private.
Examples—other than in private
1 displaying the symbol at an event that is open to the public, even if privately organised
2 including the symbol in a publicly viewable post on social media
3 displaying the symbol during a video-recorded interview that is intended to be broadcast
4 wearing the symbol on a piece of clothing in a public place, or within sight of a person who is in a public place
Maximum penalty: 120 penalty units, imprisonment for 12 months or both.
(2) Subsection (1) does not apply to a person if—
(a) the Nazi symbol is displayed on the person's body by means of tattooing or similar process; or
(b) the person displayed the symbol reasonably and in good faith—
(i) for a genuine academic, artistic, religious or scientific purpose; or
1 a person of Hindu faith displays a swastika in the front window of the person's shop as a symbol of good luck
2 a person of Jain faith draws a swastika on the person's new vehicle before using it as a symbol of good fortune
3 a person of Buddhist faith displays a sculpture of Buddha with a swastika on the chest, as a symbol of auspiciousness, at a Buddhist temple
(ii) for a genuine cultural or educational purpose; or
1 the floor of a shop is patterned with swastikas in the hope of bringing prosperity
2 a member of the Hindu community wears a T-shirt in public with a swastika on the front as a symbol of peace
3 a bookshop displays for sale an educational textbook on World War II, which has a Hakenkreuz on the cover
(iii) in making or publishing a fair and accurate report of an event or matter of public interest; or
(iv) in opposition to fascism, Nazism, neo-Nazism or other related ideologies.
1 a person who displays a flag of Nazi Germany with a marking through it to signal the person's opposition to Nazism
2 a person participating in a protest who displays a Nazi symbol on a placard which also contains words stating opposition to fascism
Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see s 58).
(3) A proceeding against a child for an offence against this section must not be started without the written consent of the director of public prosecutions.
(4) In this section:
"beading" means the cutting of the skin of a person and the insertion of an object beneath the skin to produce a lump.
"branding" means the application of heat, cold or a substance to the skin of a person to produce scar tissue.
"scarification" means the cutting of the skin of a person to create scar tissue.
"similar process" includes beading, branding and scarification.