Victorian Current Acts Victorian Current ActsS. 41K(1) amended by No. 27/2023 s. 7(2)(a).
(1) 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).
(a) the person knows, or ought reasonably to know, that the symbol or gesture is a Nazi symbol or Nazi gesture; and
(b) the display—
(i) occurs in a public place, a non‑Government school or a post‑secondary education institution; or
(ii) 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).
(1A) A person must not intentionally perform a Nazi gesture if—
(a) the person knows, or ought reasonably to know, that the gesture is a Nazi gesture; and
(b) the performance—
(i) occurs in a public place, a non‑Government school or a post‑secondary education institution; or
(ii) 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).
(2) A person does not contravene subsection (1) or (1A) if the display or performance was engaged in reasonably and in good faith—
(a) for a genuine academic, artistic, educational or scientific purpose; or
Examples
1 A person performs the Nazi salute during a theatre performance.
2 A bookshop displays for sale an educational textbook on World War II, which has a Hakenkreuz on the cover.
3 A teacher shows a film as part of a history class in which the SS symbol can be seen.
(b) in making or publishing a fair and accurate report of any event or matter of public interest.
S. 41K(2A) inserted by No. 27/2023 s. 7(3).
(2A) A person does not contravene subsection (1) if the display of the Nazi symbol was engaged in reasonably and in good faith for a genuine cultural or religious purpose.
Examples
1 A person of Hindu faith displays a swastika in the front window of the person's shop as a symbol of good luck.
2 A person of Jain faith draws a swastika on the person's new vehicle before using it as a symbol of good fortune.
3 A person of Buddhist faith displays a sculpture of Buddha with a swastika on the chest, as a symbol of auspiciousness, at a Buddhist temple.
4 The floor of a shop is patterned with swastikas in the hope of bringing prosperity.
5 A member of the Hindu community wears a T‑shirt in public with a swastika on the front as a symbol of peace.
S. 41K(2B) inserted by No. 27/2023 s. 7(3).
(2B) A person does not contravene subsection (1) if the display of the Nazi symbol or the Nazi gesture was engaged in reasonably and in good faith in opposition to fascism, Nazism, neo-Nazism or other related ideologies.
Examples
1 A person who displays a flag of Nazi Germany with a marking through it to signal the person's opposition to Nazism.
2 A person participating in a protest who displays a Nazi symbol on a placard which also contains words stating opposition to fascism.
3 A person who displays the pink triangle used by LGBTIQ+ communities.
S. 41K(3) amended by No. 27/2023 s. 7(4).
(3) A person does not contravene subsection (1) if the Nazi symbol or Nazi gesture is displayed on the person's body by means of tattooing or other like process.
S. 41K(4) amended by No. 27/2023 s. 7(5).
(4) A law enforcement officer or a member of an intelligence agency does not contravene subsection (1) or (1A) if the display or performance occurs in the performance of the officer's or member's duties and is done in good faith.
S. 41K(5) amended by No. 27/2023 s. 7(6).
(5) A person does not contravene subsection (1) or (1A) if the display or performance occurs in the course of official duties connected with the administration of the justice system, including the investigation or prosecution of offences or the giving of evidence in a proceeding in a court or tribunal, and is done in good faith.
S. 41K(6) amended by No. 27/2023 s. 7(7).
(6) A prosecution of a child for an offence against subsection (1) or (1A) must not be commenced without the written consent of the Director of Public Prosecutions.
S. 41L (Heading) amended by No. 27/2023 s. 8(1).
S. 41L inserted by No. 29/2022 s. 3.