Victoria has taken a firm and principled stand against hate speech and harmful ideologies, introducing progressive laws to safeguard its community. In December 2022, the Victorian Government banned the public display of Nazi symbols. This was further strengthened in October 2023 by prohibiting public performances of Nazi gestures. These laws aim to protect the community from the resurgence of ideologies linked to the Nazi regime’s history of violence and genocide.

Key Symbols and Gestures Banned Under the Law

The legislation prohibits symbols and gestures affiliated with the Nazi Party, including:

• The Hakenkreuz (Swastika): Known as the “hooked cross,” it symbolises the Nazi regime’s oppression and violence.
• The Nazi Salute: A historically significant gesture representing allegiance to Nazi ideology, now outlawed for its association with hate.
• Other Related Symbols and Gestures: Includes any visual representation or action closely tied to Nazi ideology.

When Does it Constitute an Offence?

An individual breaches the law if they:

• Publicly display or perform a Nazi symbol or gesture.
• Knowingly or negligently use these symbols or gestures in a way that associates them with Nazi ideology.

Penalties for Violations

Violations of the ban carry serious consequences:

• Fines: Up to $23,000.
• Imprisonment: Up to 12 months.

Exceptions to the Legislation

Certain uses of Nazi symbols and gestures are exempt when they serve a legitimate purpose, including:

• Historical, Educational, Artistic, or Scientific Purposes: Such as museum exhibits or academic research.
• Cultural or Religious Practices: The swastika is a sacred symbol in Hinduism, Jainism, and Buddhism and may be used within these contexts.
• Journalistic Reporting: To accurately report on events or public interest matters.
• Law Enforcement and Legal Proceedings: Where the symbols are necessary for official purposes.
• Anti-Nazism: Clear opposition to Nazi ideology, such as protest materials.
• Tattoos: The legislation does not currently extend to tattoos.

Enforcement Powers Granted to Victoria Police

Victoria Police is empowered to:

• Arrest and Charge individuals for violating the ban.
• Issue Removal Orders: Require individuals to remove prohibited symbols or gestures.
• Direct Property Owners: Demand the removal of Nazi symbols or gestures from premises.
• Impose Penalties for Non-Compliance: Fines of approximately $1,900 (10 penalty units) for failure to comply with removal orders.

Reporting Violations

If you encounter Nazi symbols or gestures in public, report them through the following channels:

• Victoria Police: Contact your local station or call emergency services at Triple Zero (000).
• Crime Stoppers: Report anonymously via Crime Stoppers or call 1800 333 000.
• eSafety Commissioner: For online incidents, report through the eSafety Commissioner to seek content removal.

Clarifying Symbol Legality

If you are uncertain whether a symbol or gesture is covered under this ban, seek legal guidance:

• Victoria Legal Aid: Offers free legal advice and support.
• Law Institute Victoria: Connects individuals with qualified legal professionals.

Relevant Legislation

For detailed legal information, refer to:

• Summary Offences Act 1966 (Vic): Governs offences related to public order and displays.
• Racial and Religious Tolerance Act 2001 (Vic): Protects against hate speech and incitement.

Contact Pentana Stanton Lawyers

Navigating these laws can be complex. If you have been accused of violating these laws or wish to understand their application, Pentana Stanton Lawyers offers expert advice. Our team is experienced in criminal and human rights law and can assist you in ensuring compliance or defending your rights.

Contact Pentana Stanton Lawyers today for a consultation tailored to your needs. Together, we can help create a safer, more inclusive community.