By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 15 April 2026.
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In New South Wales, it is an offence under section 93ZA of the Crimes Act 1900 to publicly display a Nazi symbol. This offence was introduced in 2022 in response to an increase in hate crimes, particularly those motivated by antisemitism. The legislation represents a significant step in NSW's efforts to combat extremist symbols and protect vulnerable communities from harassment and vilification. This page outlines the offence and the various community responses to its introduction, providing essential information for understanding your legal obligations under NSW criminal law.
The offence
Elements of the Offence
Under section 93ZA of the Crimes Act 1900 (NSW), it is an offence to knowingly and without a reasonable excuse, publicly display a Nazi symbol. The prosecution must prove several key elements beyond reasonable doubt to secure a conviction. Firstly, the accused must have knowingly displayed the symbol, meaning they were aware of what they were displaying. Secondly, the display must have been public, occurring in a place where members of the public could reasonably see it. Finally, the prosecution must establish that the symbol displayed was indeed a Nazi symbol as defined by the legislation.
Penalties and Consequences
For an individual, this offence carries a maximum penalty of a fine of 100 penalty units, imprisonment for 12 months, or both. For a corporation, it carries a maximum penalty of a fine of 500 penalty units. These penalties reflect the seriousness with which NSW treats hate-related offences. A conviction may also result in a criminal record, which can have significant implications for employment, travel, and other aspects of life. Courts may also consider community service orders or good behaviour bonds as alternative sentencing options.
Defence
Reasonable Excuse Defence
The Act provides that a person has a defence to this charge if the display was done reasonably and in good faith for:
- an academic, artistic or educational purpose; or
- another purpose in the public interest.
Proving the Defence
To successfully rely on this defence, the accused must demonstrate that their actions fell within one of these categories and that the display was both reasonable and conducted in good faith. Academic purposes might include historical research or university lectures about World War II. Artistic purposes could encompass museum exhibitions or documentary films examining the Holocaust. Educational purposes may involve school history lessons or public awareness campaigns about the dangers of extremism. The "public interest" category provides flexibility for other legitimate uses, such as journalistic reporting or legal proceedings.
What Constitutes a Nazi Symbol
Definition and Scope
Under NSW law, Nazi symbols specifically include the swastika and other symbols associated with the Nazi Party and its ideology. The legislation targets symbols that have become synonymous with hate, antisemitism, and genocide. However, the law recognises that the swastika has historical and cultural significance in various religions and traditions, particularly in Hinduism, Buddhism, and Jainism. These legitimate religious and cultural uses are protected under the reasonable excuse provisions.
Context and Intent
Courts will consider the context in which symbols are displayed when determining whether an offence has occurred. Factors such as accompanying text, the location of display, and the apparent intention behind the display all play crucial roles in establishing whether criminal liability exists. The legislation aims to target hateful and intimidating uses while preserving legitimate historical, educational, and cultural expressions.
Jurisdiction
Court Proceedings
A person charged with displaying a Nazi symbol in New South Wales will be dealt with in the Local Court. The Local Court has jurisdiction to hear and determine summary offences, including those under section 93ZA of the Crimes Act. Proceedings typically begin with the service of a court attendance notice, and defendants have the right to legal representation throughout the process.
Legal Process
The matter will usually be heard before a magistrate, who will consider the evidence presented by both the prosecution and defence. Defendants may choose to plead guilty or not guilty, and if the matter proceeds to hearing, witnesses may be called to give evidence. Legal representation is strongly recommended given the potential penalties and the complexity of proving or defending against the required elements of the offence.
Other states
National Approach
Similar laws have been introduced in several other states in the last two years, reflecting a coordinated national approach to combating hate symbols. In Victoria, it is an offence to display a Nazi symbol or perform a Nazi gesture in public under the Summary Offences Act 1966. Queensland has enacted legislation prohibiting the display of prohibited hate symbols under their Criminal Code. Tasmania has focused specifically on Nazi symbols in their legislative response.
Federal Legislation
The federal government has also recently introduced legislation to make it a commonwealth offence to display a prohibited symbol. This creates multiple layers of legal protection and ensures consistent enforcement across jurisdictions. The federal laws particularly target online displays and interstate activities that may fall outside state jurisdiction.
Responses to ban on displaying Nazi symbols
Community Support
The new laws were welcomed by community organizations such as the NSW Jewish Board of Deputies, whose CEO, Darren Bark, said the new laws would be 'a game-changer in tackling online hate'. The Hindu Council of Australia also voiced its support for the changes, particularly appreciating the protections for legitimate religious use of the swastika. Many multicultural organizations have praised the legislation as an important step in protecting vulnerable communities from intimidation and harassment.
Criticisms and Concerns
However, critics have questioned how effective the new laws will be in suppressing extremism. Some sceptics have questioned whether it is appropriate to criminalise the use of specific symbols when many other symbols are also widely used by extremist groups. Others have argued that the laws may have unintended consequences, such as the increased use of prohibited symbols or the adoption of new symbols by extremists to circumvent the laws. Civil liberties advocates have also raised concerns about potential impacts on freedom of expression, though supporters argue that hate speech has never been protected speech.
Frequently Asked Questions
Can I display a swastika for religious purposes?
Yes, the law includes specific protections for legitimate religious, cultural, and historical uses of the swastika. If you are displaying the symbol reasonably and in good faith for religious purposes, such as in Hindu, Buddhist, or Jain practices, this would likely fall under the reasonable excuse defence. However, the context and manner of display will be important factors in determining whether the defence applies.
What happens if I accidentally share a Nazi symbol online?
The offence requires that you "knowingly" display a Nazi symbol. If you accidentally shared or displayed such a symbol without being aware of what it was, you would not meet this element of the offence. However, if you become aware that you have shared such content, you should remove it immediately to avoid any suggestion that you are knowingly continuing to display it.
Does this law apply to historical documentaries or educational materials?
Educational and academic purposes are specifically protected under the legislation's defence provisions. Legitimate historical documentaries, educational materials, museum exhibitions, and academic research would generally be protected provided they are presented reasonably and in good faith for genuine educational purposes. The context and purpose of the display are crucial factors in determining whether the defence applies.
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