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ARTICLE · 16 DECEMBER 2024

The Offence of Knowingly Display Nazi Symbol

The introduction of this law reflects the government's recognition of the growing threat posed by far-right extremism.

AustraliaCriminal Law

The offence of knowingly displaying Nazi symbol in public without a reasonable excuse is contained in Section 93ZA of the Crimes Act 1900 (NSW).

Astor Legal are the only firm in Australia who have successfully defended against these charges.

What the prosecution must prove

The elements that the prosecution must prove for an offence of knowingly display Nazi symbol under  section 93ZA of the Crimes Act 1900 (NSW) for displaying Nazi symbols are as follows:

  1. The person displays a Nazi symbol.
  2. The display occurs through a public act (as defined in section 93Z, e.g., any act observable by the public, including social media posts accessible by the public).
  3. The person acts knowingly.

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