NEW NAZI SYMBOL LAW

Have you ever wondered whether the Nazi Swastika is banned? Are Buddhists and Hindus able to display the symbol legally?

A new law was recently passed to make the public display of Nazi Symbols a criminal offence. This is an interesting law that covers many symbols and equally as many exemptions.

This is a move by the NSW Government to counteract the rise of antisemitism in the community. It is designed to shield the NSW Jewish community against vilification through the banning the “offensive and deplorable use of Nazi Symbols”.[1]

THE LAW

The new offence came into effect on 19 August 2022. This was a result of years of extensive debate and research regarding the rise of antisemitism and the display of Nazi Symbols. The law itself mandates that a person or corporation must not:

1. Knowingly
2. Display a Nazi Symbol
3. In public
4. Without a reasonable excuse

But what is a reasonable excuse? Helpfully, the new law states the following are valid purposes:

1. Academic
2. Artistic
3. Educational
4. Public interest

The display must be reasonable and made in good faith. Otherwise, the display may constitute a criminal offence.

WHAT SYMBOLS?

Many people associate the Swastika symbol with the Nazi Party, however when displayed to promote the Nazi Party it is technically known as the ‘Hakenkreuz’. Interestingly, the law does not specifically state the Hakenkreuz is the only symbol to be banned. Any ‘Nazi Symbol’ is now outlawed, which covers a broad range of symbols:

• SS bolts
• Parteiadler (Spread Eagle atop of Swastika)
• Black Sun
• Simplified Celtic Cross
• Wolfsangel

RELIGIOUS AND CULTURAL EXEMPTIONS

The Parliament heard that the Swastika is one of the “oldest and most widespread symbol used across cultures and religions.”[2] This provided the basis for the law makers to provide cultural and religious exemptions for the following beliefs:

1. Buddhism
2. Hinduism
3. Jainism

This move is generally welcomed by community bodies including the NSW Jewish Board of Deputies (NSWJBD) and Hindu Council of Australia (HCA). The NSWJBD and HCA provided a joint submission noting the Swastika will not invoke fear and intimidation when displayed for a legally exempted peaceful purpose.[3]

PUNISHMENT

If a person or corporation displays a Nazi Symbol and commits the offence, they are able to be charged by the NSW Police.

The offence carries a maximum penalty of $11,000.00 and/or 12 months imprisonment for an individual. A corporation that commits this offence is able to be fined up to $55,000.00.

At Morrisons we are specialist criminal and traffic lawyers based in Wollongong and the Southern Highlands. If you require advice or representation, you can book an appointment with one of our expert criminal lawyers.

REFERENCES 

[1] Media Release of Attorney General & Minister for Multiculturalism, Public Display of Nazi Symbols Banned in NSW, 12 August 2022.

[2] NSW Parliament Legislative Council, Standing Committee on Social Issues. Report no 60: Crimes Amendment (Display of Nazi Symbols) Bill 2021, February 2022.

[3] NSW Parliament Legislative Council, Standing Committee on Social Issues. Report no 60: Crimes Amendment (Display of Nazi Symbols) Bill 2021, February 2022.