Criminal Code
752Public display of Nazi symbols
Start here
Get a plain-English read of 752
Turn the raw legal text into a practical explanation grounded in Criminal Code.
752 Public display of Nazi symbols (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 (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
Public display of Nazi symbols Part 7A.2 (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 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. 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.