6DPerformance of Nazi gestures, &c., prohibited

6D Performance of Nazi gestures, &c., prohibited

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

(1)  A person must not perform a Nazi gesture if –

(a) the person knows, or ought to know, that the gesture is a Nazi gesture; and

(b) the gesture is performed by the person –

(i) in a public place; or

(ii) in a place where, if another person were in a public place, the gesture would be visible to the other person.

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)  It is a defence in proceedings for an offence under subsection (1) if the defendant proves that the performance of the Nazi gesture was reasonable, and performed in good faith, for a genuine academic, artistic, religious, scientific, cultural, educational, legal or law enforcement purpose.

(3)  In any proceedings for an offence against this section, particulars in a complaint in respect of the offence that state that a gesture is a Nazi gesture are, in the absence of evidence to the contrary, prima facie evidence that the gesture is a Nazi gesture.

(4)  In this section –

Nazi gesture includes –

(a) the gesture known as the Nazi salute; and

(b) a gesture prescribed for the purposes of this definition; and

(c) a gesture that so nearly resembles a gesture referred to in paragraph (a) or (b) that it is likely to be confused with, or mistaken for, such a gesture.