41KPublic display or performance of Nazi symbols or gestures

41K Public display or performance of Nazi symbols or gestures

S. 41K(1) amended by No. 27/2023 s. 7(2)(a).

(1) A person must not intentionally display a Nazi symbol or Nazi gesture if—

S. 41K(1)(a) amended by No. 27/2023 s. 7(2)(b).

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

(b) the display—

(ii) occurs in sight of a person who is in a public place, a non‑Government school or a post‑secondary education institution.

S. 41K(1A) inserted by No. 27/2023 s. 7(3).

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

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

(b) the performance—

(ii) occurs in sight of a person who is in a public place, a non‑Government school or a post‑secondary education institution.

S. 41K(2) substituted by No. 27/2023 s. 7(3).

(2) A person does not contravene subsection (1) or (1A) if the display or performance was engaged in reasonably and in good faith—

(a) for a genuine academic, artistic, educational or scientific purpose; or

1 A person performs the Nazi salute during a theatre performance.

2 A bookshop displays for sale an educational textbook on World War II, which has a Hakenkreuz on the cover.

3 A teacher shows a film as part of a history class in which the SS symbol can be seen.

(b) in making or publishing a fair and accurate report of any event or matter of public interest.

S. 41K(2A) inserted by No. 27/2023 s. 7(3).

(2A) A person does not contravene subsection (1) if the display of the Nazi symbol was engaged in reasonably and in good faith for a genuine cultural or religious purpose.

1 A person of Hindu faith displays a swastika in the front window of the person's shop as a symbol of good luck.

2 A person of Jain faith draws a swastika on the person's new vehicle before using it as a symbol of good fortune.

3 A person of Buddhist faith displays a sculpture of Buddha with a swastika on the chest, as a symbol of auspiciousness, at a Buddhist temple.

4 The floor of a shop is patterned with swastikas in the hope of bringing prosperity.

5 A member of the Hindu community wears a T‑shirt in public with a swastika on the front as a symbol of peace.

S. 41K(2B) inserted by No. 27/2023 s. 7(3).

(2B) A person does not contravene subsection (1) if the display of the Nazi symbol or the Nazi gesture was engaged in reasonably and in good faith in opposition to fascism, Nazism, neo-Nazism or other related ideologies.