6DPerformance of Nazi gestures, &c., prohibited

### 6D Performance of Nazi gestures, &c., prohibited > [*\[Section 6D Inserted by No. 14 of 2023, s. 4, Applied:30 Nov 2023\]*](/view/html/inforce/2023-11-30/act-2023-014#GS4@EN) > > > (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)](#GS6D@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)  It is a defence in proceedings for an offence under [subsection (1)](#GS6D@Gs1@EN) 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)](#GS6D@Gs4@Nd204647@Hpa@EN) or [(b)](#GS6D@Gs4@Nd204647@Hpb@EN) that it is likely to be confused with, or mistaken for, such a gesture.