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Police Offences Act 1935
6CDisplay of Nazi symbols prohibited, &c.
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### 6C Display of Nazi symbols prohibited, &c.
> [*\[Section 6C Inserted by No. 14 of 2023, s. 4, Applied:30 Nov 2023\]*](/view/html/inforce/2023-11-30/act-2023-014#GS4@EN)
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> > (1) A person must not, by a public act and without a legitimate public purpose, display a Nazi symbol if the person knows, or ought to know, that the symbol is a Nazi symbol.
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> > Penalty: In the case of –
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> > > > (a) an offence to which [paragraph (b)](#GS6C@Gs1@Zp@Hpb@EN) does not apply – a fine not exceeding 20 penalty units or imprisonment for a term not exceeding 3 months; or
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> > > > (b) a second or subsequent offence committed by the person within a 6-month period – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months.
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> > (2) For the avoidance of doubt, the display of a swastika in connection with Buddhism, Hinduism or Jainism does not constitute the display of a Nazi symbol for the purposes of [subsection (1)](#GS6C@Gs1@EN) .
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> > (3) For the purposes of [subsection (1)](#GS6C@Gs1@EN) , the display of a Nazi symbol for a legitimate public purpose includes where the symbol –
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> > > > (a) is displayed reasonably and in good faith for a genuine academic, artistic, religious, scientific, cultural, educational, legal or law enforcement purpose; and
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> > > > (b) is displayed reasonably and in good faith for the purpose of opposing, or demonstrating against, fascism, Nazism, neo-Nazism or other similar or related ideologies or beliefs; and
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> > > > (c) is displayed on an object, or contained in a document, that is produced for a genuine academic, artistic, religious, scientific, cultural, educational, legal or law enforcement purpose; and
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> > > > (d) is included in the making or publishing of a fair and accurate report, of an event or matter, that is in the public interest; and
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> > > > (e) is displayed for another purpose that is in the public interest.
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> > (4) It is a defence in proceedings for an offence under [subsection (1)](#GS6C@Gs1@EN) if the defendant proves that the Nazi symbol to which the offence relates has been permanently tattooed or marked on, or permanently affixed to, the person's body by means of a body modification procedure within the meaning of [section 35A](#GS35A@EN) .
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> > (5) If a police officer has reasonable grounds to believe that a person is contravening, or has contravened, [subsection (1)](#GS6C@Gs1@EN) , the police officer may, in addition to any other action the officer may take under any other Act –
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> > > > (a) direct the person to remove the relevant Nazi symbol from display; or
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> > > > (b) in a conspicuous place on the object, or on the property, on which the relevant Nazi symbol is displayed, affix a written direction to remove the Nazi symbol from display if –
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> > > > > > (i) it is not reasonable in the circumstances for the police officer to give a direction to the person under [paragraph (a)](#GS6C@Gs5@Hpa@EN) ; or
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> > > > > > (ii) the police officer is unable to ascertain which person is responsible for the display of the Nazi symbol.
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> > (6) A person to whom a direction is given under [subsection (5)(a)](#GS6C@Gs5@Hpa@EN) , or on whose object or property a written direction is affixed in accordance with [subsection (5)(b)](#GS6C@Gs5@Hpb@EN) , must not fail to comply, without reasonable excuse, with the direction within the period specified in the direction.
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> > Penalty: Fine not exceeding 10 penalty units.
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> > (7) If a police officer has reasonable grounds to believe that a person has failed to comply with a direction as required under [subsection (6)](#GS6C@Gs6@EN) , the police officer, using such force, means and assistance as is reasonably necessary, may do any one or more of the following:
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> > > > (a) detain and search that person, including any clothing on the person and any object or clothing in the possession of the person;
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> > > > (b) stop and detain any vehicle –
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> > > > > > (i) in respect of which the direction was given; or
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> > > > > > (ii) that the police officer believes, on reasonable grounds, contains an object in respect of which the direction was given; or
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> > > > > > (iii) in, or on, which the person is or was at the time at which the direction was given;
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> > > > (c) search a vehicle referred to in [paragraph (b)](#GS6C@Gs7@Hpb@EN) and any object found in or on such a vehicle;
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> > > > (d) search any premises –
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> > > > > > (i) in respect of which the direction was given; or
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> > > > > > (ii) in, or on, which the person is or was located at the time at which the direction was given;
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> > > > (e) seize any object, found during a search under this subsection, that in the police officer's opinion is an object that is, or displays, a Nazi symbol.
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> > (8) In any proceedings for an offence against this section, particulars in a complaint in respect of the offence that state –
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> > > > (a) that a symbol is a Nazi symbol are, in the absence of evidence to the contrary, *prima facie* evidence that the symbol is a Nazi symbol; and
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> > > > (b) that a public act was without a legitimate public purpose are, in the absence of evidence to the contrary, *prima facie* evidence that the act was without legitimate public purpose.
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> > (9) On conviction of a person of an offence against [subsection (1)](#GS6C@Gs1@EN) , any object to which the offence relates that is lawfully in the possession of the Crown is forfeited to the Crown.
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> > (10) In this section –
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> > > ***Nazi symbol*** includes –
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> > > > > (a) a symbol associated with the Nazis or with Nazi ideology; and
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> > > > > (b) a symbol that so nearly resembles a symbol referred to in [paragraph (a)](#GS6C@Gs10@Nd206365@Hpa@EN) that it is likely to be confused with, or mistaken for, such a symbol; and
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> > > > > (c) a depiction, or recording, of a Nazi gesture within the meaning of [section 6D](#GS6D@EN) ; and
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> > > > > (d) the depiction, or recording, of a gesture that so nearly resembles a gesture referred to in [paragraph (c)](#GS6C@Gs10@Nd206365@Hpc@EN) that it is likely to be confused with, or mistaken for, such a gesture;
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> > > ***public act***, in relation to the display of a Nazi symbol, includes –
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> > > > > (a) any form of communication of the symbol to the public; and
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> > > > > (b) the placement of the symbol in a location observable by the public; and
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> > > > > (c) the distribution or dissemination of the symbol, or of an object containing the symbol, to the public.