Victoria Criminalizes Public Display of Nazi Symbol

Summary Offences Amendment (Nazi Symbol Prohibition) Act 2022

The Nazi symbol has played a large role in inciting antisemitism and hate which is not in cognizance with Victoria's multicultural, multiethnic and democratic society.  To address this, the Summary Offences Amendment (Nazi Symbol Prohibition) Act 2022 was passed on 21 June, criminalizing the intentional public display of the Nazi symbol or the Hakenkreuz (often referred to as the Nazi swastika) in public. As Victoria is also composed of a South Asian community, the Bill does not prohibit the display of the swastika in religious and cultural contexts since it has cultural and historical significance for the Buddhist, Jain, Hindu, and other faith communities. It is even regarded as a sign of peace and good fortune. 

New Division 4C of Part I provides that the Parliament recognises the continued importance of the swastika as a symbol of purity and love in other religions long before the swastika was misappropriated by the Nazi party and Third Reich in Germany. In preparation for the operation of the Bill, the Victoria Police is allowed time for guidance, training, and to develop a community education campaign so as to not confuse the context of the cultural and religious swastika with the one with Hakenkreuz which is prohibited. New Section 41K's Subclause (1) in recognising a display as an offence, requires that the display be intentional in order to avoid capturing the inadvertent public display of a Nazi symbol. Hence, a person ought to have reasonably known that the Nazi symbol is associated with Nazi ideology.

The test for determining whether a person ought to reasonably know that a symbol is associated with Nazi ideology is objective. The test asks what a reasonable person in the position of the person who caused the display ought to have known. Furthermore, the prohibition of the displays extends to public places, non-Government schools or post-secondary education institutions, such as a university or TAFE institute. Even if the display occurs on private premises, the provision may extend to forms of communication of symbols when such display is still visible to the public. However, publicly visible Nazi symbol tattoos on one's body are exempted from this prohibition in alignment with the Charter of Human Rights and Responsibilities Act 2004. An exception is also provided for display of the Nazi symbol by law enforcement officers or members of an intelligence agency if it is in the performance of their duties and is done in good faith.