Public 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).
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).
the person knows, or ought reasonably to know, that the symbol or gesture is a Nazi symbol or Nazi gesture; and
the display—
occurs in a public place, a non‑Government school or a post‑secondary education institution; or
occurs in sight of a person who is in a public place, a non‑Government school or a post‑secondary education institution.
Penalty: 120 penalty units or imprisonment for 12 months or both.
S. 41K(1A) inserted by No. 27/2023 s. 7(3).
A person must not intentionally perform a Nazi gesture if—
the person knows, or ought reasonably to know, that the gesture is a Nazi gesture; and
the performance—
occurs in a public place, a non‑Government school or a post‑secondary education institution; or
occurs in sight of a person who is in a public place, a non‑Government school or a post‑secondary education institution.
Penalty: 120 penalty units or imprisonment for 12 months or both.
S. 41K(2) substituted by No. 27/2023 s. 7(3).
A person does not contravene subsection (1) or (1A) if the display or performance was engaged in reasonably and in good faith—
for a genuine academic, artistic, educational or scientific purpose; or
Examples
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