6CDisplay of Nazi symbols prohibited, &c.

### 6C Display of Nazi symbols prohibited, &c. > [*\[Section 6C Inserted by No. 14 of 2023, s. 4, Applied:30 Nov 2023\]*](/view/html/inforce/2023-11-30/act-2023-014#GS4@EN) > > > (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)](#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 > > > > > > > (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)](#GS6C@Gs1@EN) . > > > (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 – > > > > > > (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)](#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) . > > > (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 – > > > > > > (a) direct the person to remove the relevant Nazi symbol from display; or > > > > > > > (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 – > > > > > > > > > > (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 > > > > > > > > > > > (ii) the police officer is unable to ascertain which person is responsible for the display of the Nazi symbol. > > > (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. > > > > Penalty:  Fine not exceeding 10 penalty units. > > > (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: > > > > > > (a) detain and search that person, including any clothing on the person and any object or clothing in the possession of the person; > > > > > > > (b) stop and detain any vehicle – > > > > > > > > > > (i) in respect of which the direction was given; or > > > > > > > > > > > (ii) that the police officer believes, on reasonable grounds, contains an object in respect of which the direction was given; or > > > > > > > > > > > (iii) in, or on, which the person is or was at the time at which the direction was given; > > > > > > > (c) search a vehicle referred to in [paragraph (b)](#GS6C@Gs7@Hpb@EN) and any object found in or on such a vehicle; > > > > > > > (d) search any premises – > > > > > > > > > > (i) in respect of which the direction was given; or > > > > > > > > > > > (ii) in, or on, which the person is or was located at the time at which the direction was given; > > > > > > > (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. > > > (8)  In any proceedings for an offence against this section, particulars in a complaint in respect of the offence that state – > > > > > > (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 > > > > > > > (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. > > > (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. > > > (10)  In this section – > > > > > ***Nazi symbol*** includes – > > > > > > > > (a) a symbol associated with the Nazis or with Nazi ideology; and > > > > > > > > > (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 > > > > > > > > > (c) a depiction, or recording, of a Nazi gesture within the meaning of [section 6D](#GS6D@EN) ; and > > > > > > > > > (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; > > > > > ***public act***, in relation to the display of a Nazi symbol, includes – > > > > > > > > (a) any form of communication of the symbol to the public; and > > > > > > > > > (b) the placement of the symbol in a location observable by the public; and > > > > > > > > > (c) the distribution or dissemination of the symbol, or of an object containing the symbol, to the public.