6CDisplay of Nazi symbols prohibited, &c.

6C Display of Nazi symbols prohibited, &c.

[Section 6C Inserted by No. 14 of 2023, s. 4, Applied:30 Nov 2023]

(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.

Penalty:  In the case of –

(a) an offence to which paragraph (b) does not apply – a fine not exceeding 20 penalty units or imprisonment for a term not exceeding 3 months; or

(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.

(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) .

(3)  For the purposes of subsection (1) , the display of a Nazi symbol for a legitimate public purpose includes where the symbol –

(a) is displayed reasonably and in good faith for a genuine academic, artistic, religious, scientific, cultural, educational, legal or law enforcement purpose; and

(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

(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

(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

(e) is displayed for another purpose that is in the public interest.

(4)  It is a defence in proceedings for an offence under subsection (1) 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 .