Police Offences Act 1935

A person must not perform a Nazi gesture if – the person knows, or ought to know, that the gesture is a Nazi gesture; and the gesture is performed by the person – in a public place; or in a place where, if another person were in a public place, the gesture would be visible to the other person. In the case of – 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 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.

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.

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.

In this section – Nazi gesture includes – the gesture known as the Nazi salute; and a gesture prescribed for the purposes of this definition; and 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.