Offence of displaying Nazi symbols or otherwise engaging in conduct supporting Nazi ideology
93ZA Offence of displaying Nazi symbols or otherwise engaging in conduct supporting Nazi ideology
A person commits an offence if the person knowingly displays a Nazi symbol, by public act and without reasonable excuse, on or near a Jewish place.
Example—
giving the Nazi salute near the Sydney Jewish Museum
Maximum penalty—
for an individual—200 penalty units or imprisonment for 2 years, or both, or
for a corporation—1,000 penalty units.
A person commits an offence if the person knowingly displays a Nazi symbol, by public act and without reasonable excuse, other than on or near a Jewish place.
Example—
giving the Nazi salute as part of an assembly that is not held near a Jewish place
Maximum penalty—
for an individual—100 penalty units or imprisonment for 12 months, or both, or
for a corporation—500 penalty units.
A person commits an offence if—
the person knowingly engages in conduct, by public act and without reasonable excuse, on or near a Jewish place that indicates support for Nazi ideology by invoking imagery or characteristics that a reasonable person would consider to be associated with Nazi ideology, and
the conduct would cause a reasonable person to—
fear harassment, intimidation or violence, or
fear for the person’s safety.
Examples—
reciting Nazi chants or using Nazi slogans near the Sydney Jewish Museum
Maximum penalty—
for an individual—200 penalty units or imprisonment for 2 years, or both, or
for a corporation—1,000 penalty units.
A person commits an offence if—
the person knowingly engages in conduct, by public act and without reasonable excuse, other than on or near a Jewish place that indicates support for Nazi ideology by invoking imagery or characteristics that a reasonable person would consider to be associated with Nazi ideology, and
the conduct would cause a reasonable person to—
fear harassment, intimidation or violence, or
fear for the person’s safety.
Examples—
reciting Nazi chants or using Nazi slogans as part of an assembly that is not held near a Jewish place
Maximum penalty—
for an individual—100 penalty units or imprisonment for 12 months, or both, or
for a corporation—500 penalty units.
For subsections (1)–(4), the display of a swastika in connection with Buddhism, Hinduism or Jainism does not constitute the display of a Nazi symbol.
Without limiting subsections (1)–(4), a reasonable excuse includes the display of a Nazi symbol or conduct done reasonably and in good faith—
for an academic, artistic or educational purpose, or
for another purpose in the public interest.
The maximum penalty specified in subsections (1)–(4) for an offence dealt with summarily applies regardless of the Criminal Procedure Act 1986, section 268.
If a police officer reasonably suspects a person is committing an offence against subsection (1) or (2), the police officer may direct the person to remove from display the suspected Nazi symbol.
A direction under subsection (8)—
may be given orally or in writing, and
must specify the period within which the direction must be complied with, and
may be withdrawn by a police officer in the same way in which the direction was given.
A person must not, without reasonable excuse, refuse or fail to comply with a direction given under subsection (8) that is in force.
Maximum penalty—20 penalty units or imprisonment for 3 months, or both.
To avoid doubt, the Law Enforcement (Powers and Responsibilities) Act 2002, Part 14 does not apply in relation to the power to give, and a direction given, under this section.
In this section—
Jewish place means a synagogue, a Jewish school or the Sydney Jewish Museum.
Jewish school means a Hebrew school, independent Jewish day school or yeshiva.
public act has the same meaning as in section 93Z.
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