Displaying Hate Symbols (Qld)

The Queensland government is considering further reforms that would expand the protections against hate crimes that were introduced in the state in 2023. This page outlines the law as it already stands, and what is being proposed.

Legislation

The proposed changes are contained in the Fighting Antisemitism and Keeping Guns out of the Hands of Terrorists and Criminals Amendment Bill 2026. 

The laws on displaying hate symbols in Queensland, as they already stand, are contained in the Criminal Code 1899.

Reforms

The laws introduced in 2023 make it an offence to display ‘prohibited symbols’ that are associated with violent extremism, such as Swastikas. 

They were passed in response to a surge in hate crimes and the increasing presence of neo-Nazis at public events after a parliamentary enquiry into Queensland’s existing laws, which found gaps in laws around hate speech both online and offline.

After the mass shooting terrorist attack in Bondi in 2025, further reforms are being contemplated to address antisemitism and extremism. 

Prohibited symbols

Under section 52C of the Criminal Code 1899, it is an offence to publicly display, distribute, or publish a prohibited symbol in a way that may cause a member of the public to feel menaced, harassed or intimidated without a reasonable excuse.

This offence carries a maximum penalty of a fine of 70 penalty units or six months imprisonment.

A person has a reasonable excuse if they:

• engaged in the conduct for a genuine artistic, religious, educational, historical, legal or law enforcement purpose; or
• engaged in the conduct in the public interest; or
• engaged in the conduct in opposition to the ideology represented by the symbol; and
• the conduct was reasonable in the circumstances.

The legislation does not include a list of symbols that are prohibited. Instead, symbols can be listed as prohibited symbols by regulations. This means that the list of symbols that are prohibited can be regularly updated to reflect the symbols that are in use by extremists. Currently, the symbols and gestures that are prohibited include the Swastika and the Nazi salute.

A symbol is publicly displayed if it is displayed in a place used by the public or if it is visible from a place used by the public.

Prohibited expressions

The legislation currently being considered seeks to prohibit the public recital, publication, or distribution of a prohibited expression in a way that might reasonably be expected to cause a member of the public to feel menaced, harassed or offended.

This offence would be punishable by a maximum penalty of a fine of 150 penalty units or imprisonment for two years.

Slogans would be prohibited if they were seen as being associated with hateful or extremist conduct. Proposed slogans for prohibition include ‘globalise the intifada’ and ‘from the river to the sea’.  

A person would have a defence if they had a reasonable excuse.

Hate crimes

A circumstance of aggravation applies to a range of offences under the Criminal Code 1899 and the Summary Offences Act 2005 where the offence was motivated by hate or serious contempt for a person or group of persons based on their actual or assumed race, religion, sexuality, sex characteristics, or gender identity.

When this circumstance of aggravation is present, a higher maximum penalty applies.

This circumstance of aggravation applies to the following offences:

• going armed so as to cause fear
• threatening violence
• disturbing religious worship
• common assault
• assault occasioning bodily harm
• threats
• stalking
• wilful damage
• public nuisance
• trespass

Using prohibited symbols to menace or harass

Under the proposed changes, there is a proposed offence consisting of displaying, distributing or publishing prohibited symbols in a way that might reasonably be expected to cause a member of the public to feel menaced, harassed or offended, knowing that the symbol was a symbol used by a prescribed organisation.

This offence will carry a maximum penalty of a fine of 150 penalty units or imprisonment for two years.

Responses to the proposals

Community responses to the proposal to strengthen Queensland's hate laws have been sharply divided. Some community leaders have welcomed the changes as necessary to tackle antisemitism and extremism. Civil liberties groups, the Palestinian community, and other bodies have expressed concern that the new laws would unduly limit freedom of speech and legitimate expression, and would disproportionately impact particular communities.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.