Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
Part 7A.2 Public display of Nazi symbols
751 Meaning of Nazi symbol —pt 7A.2
(1) In this part:
"Nazi symbol" means—
(a) a Hakenkreuz; or
(b) a symbol that so nearly resembles a Hakenkreuz that it is likely to be confused with or mistaken for a Hakenkreuz.
Example—par (b)
a cross with the arms bent at right angles in a counter-clockwise direction
(2) In this section:
"Hakenkreuz" means a symbol of a cross with the arms bent at right angles in a clockwise direction.
752 Public display of Nazi symbols
(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
Examples
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
Examples
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.
Examples
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.
753 Direction to remove Nazi symbol from public display
(1) A police officer may direct a person to remove a Nazi symbol from display if the police officer reasonably believes that the person is committing an offence against section 752 by displaying the Nazi symbol.
(2) A police officer may direct a person to remove a Nazi symbol from display at premises if—
(a) the person is the owner or occupier of the premises; and
(b) the police officer reasonably believes that an offence is being committed against section 752 by the display of the Nazi symbol.
(3) A direction under this section—
(a) may be given orally or in writing; and
(b) must state when the direction must be complied with.
(4) If the direction cannot be given in person, a police officer may leave a written direction—
(a) at the premises where the Nazi symbol is being displayed; or
(b) if the display is in or on a vehicle—by attaching or placing the direction on the vehicle in a conspicuous place.
(5) A person must comply with a direction given to the person under this section.
Maximum penalty: 10 penalty units.
(6) Subsection (5) does not apply if the person has a reasonable excuse.
Note The defendant has an evidential burden in relation to the matters mentioned in s (6) (see s 58).
Part 7A.3 Other offences
754 Unauthorised entry of motor vehicle
(1) A person commits an offence if—
(a) the person enters a motor vehicle; and
(b) the vehicle belongs to someone else; and
(c) the person does not have consent to enter the vehicle from a person to whom the vehicle belongs.
Maximum penalty: 10 penalty units.
(2) This section does not apply if the person has a reasonable excuse.
(3) In this section:
"belongs"—see section 301.
"enter" a motor vehicle—a person enters a motor vehicle if the person puts any part of their body into any part of the motor vehicle.