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Criminal Code Amendment (Prohibition of Nazi Symbols) 2023 [No. 2]
✦ Plain-English Summary
# Criminal Code Amendment (Prohibition of Nazi Symbols) Bill 2023
## What it does
This bill makes it illegal to publicly display Nazi symbols in Australia, with a penalty of up to 12 months in prison or a fine of 100 penalty units. The ban covers displaying the symbols in any way, including giving the Nazi salute.
## Why it matters
It gives law enforcement a tool to crack down on Nazi imagery and hate symbols in public spaces. This is particularly relevant given rising extremism concerns, though it only applies to deliberate public displays—not private use or historical/educational contexts.
## Key details
- **Exceptions built in**: You won't break the law if you have a "reasonable excuse," or if the display is for genuine education, journalism, or artistic purposes, or in the public interest. Buddhist, Hindu and Jain swastikas are specifically excluded.
- **What counts**: Publicly displaying the symbol includes the Nazi salute gesture.
- **When it starts**: The law takes effect the day after it receives Royal Assent (parliamentary approval).
- **Constitutional safeguard**: The bill includes language to protect Australia's implied freedom of political communication—so it shouldn't catch legitimate political speech or debate.
Official Description
Amends the Criminal Code Act 1995 to prohibit a person from knowingly, and without reasonable excuse, displaying a Nazi symbol.
Committee Referrals
Senate Standing Committee for the Scrutiny of Bills
Audit History
Introduced
22 May 2023
Last updated on APH
10 Apr 2026
Last checked by Crossbench
today
Next review
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Full text indexed
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