Displaying Nazi Symbols (Vic)

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 14 April 2026.

In Victoria, it is a criminal offence to display a Nazi symbol in public or to perform a Nazi gesture in public. These offences were introduced during 2022 and 2023 in response to a growing number of hate crimes and a rise in antisemitism in Australia. The Victorian government's decision to criminalize these acts represents one of the strongest legislative responses to hate symbols in Australian history. This page outlines what is involved in these offences, the penalties involved, available defences, and the public responses to the changes.

The introduction of these laws makes Victoria a leader in Australia's fight against hate speech and extremist symbolism. Understanding these offences is crucial for individuals, educators, and organizations operating within Victoria to ensure compliance with the law while protecting legitimate uses of historical symbols in educational and academic contexts.

Legislation

Nazi Symbol Prohibition Act 2022

In 2022, the Victorian government passed the Summary Offences Amendment (Nazi Symbol Prohibition) Act 2022. The amendment made it an offence to display Nazi symbols in public places or where they can be seen by members of the public. This groundbreaking legislation was the first of its kind in Australia, setting a precedent for other states to follow.

The 2022 amendment inserted new sections into the Summary Offences Act 1966 (Vic), specifically targeting the deliberate display of Nazi symbols with the intent to promote hatred or cause offense to community members, particularly those from Jewish and other affected communities.

Nazi Salute Prohibition Act 2023

In 2023, the Summary Offences Act was further amended with the passage of the Summary Offences Amendment (Nazi Salute Prohibition) Act 2023. This amendment made it an offence to display a Nazi gesture, extending the prohibition beyond symbols to include physical gestures and salutes associated with Nazi ideology.

The addition of gesture prohibition demonstrates the Victorian government's comprehensive approach to combating all forms of Nazi symbolism and hate speech in public spaces.

Nazi symbols

Definition and Scope

Nazi symbols are defined under the legislation as including:

• a Hakenkreuz (Swastika) when used in a Nazi context
• any other symbol used by the Nazi Party, including SS bolts, Nazi eagles, and other associated imagery
• a symbol that so closely resembles a Hakenkreuz that it could easily be mistaken for one
• modified versions of Nazi symbols that retain their recognizable characteristics

Contextual Considerations

It's important to note that the law specifically targets Nazi symbols rather than all uses of the swastika. The swastika has significant religious and cultural importance in Hindu, Buddhist, and Jain traditions, and these legitimate uses are protected under the legislation's defence provisions.

Nazi gestures

Prohibited Gestures

A Nazi gesture includes:

• the Sieg Heil, also known as the Hitler salute or Nazi salute
• any other gesture used by the Nazi Party or associated with Nazi ideology
• a gesture that so closely resembles a Nazi gesture that it could easily be mistaken for one
• variations or modifications of these gestures that maintain their recognizable characteristics

Public Display Requirements

The prohibition applies specifically to gestures performed in public places or where they can be observed by members of the public. Private conduct that is not visible to others may not fall within the scope of these offences.

Offence

Elements of the Offence

Under section 41K of the Summary Offences Act 1966, a person must not intentionally display a Nazi gesture or symbol if:

• the person knows or ought reasonably to know that it is a Nazi gesture or symbol; and
• the display occurs in or within sight of a person in a public place, non-government school or post-secondary educational institution

The prosecution must prove both the intentional nature of the display and the defendant's knowledge or reasonable expectation of knowledge about the nature of the symbol or gesture.

Penalty Structure

This offence is punishable by a maximum penalty of a fine of 120 penalty units, imprisonment for 12 months, or both. The severity of the penalty reflects the seriousness with which the Victorian government views these offences and their impact on community safety and cohesion.

Defence

Legitimate Use Defence

A person charged with this offence has a defence available to them if the display occurred reasonably and in good faith for:

• for a genuine academic, artistic, educational or scientific purpose; or
• in making or publishing a fair and accurate report of any event or matter of public interest

Burden of Proof

When raising a defence, the defendant bears the burden of proving that their use of the symbol or gesture falls within these legitimate categories. The defence must demonstrate both the genuine nature of the purpose and that the display was reasonable and conducted in good faith.

Enforcement and Investigation

Police Powers

Victoria Police have been given specific powers to investigate suspected breaches of these laws. Officers can collect evidence, interview witnesses, and pursue charges where they believe an offence has occurred. The legislation also allows for the seizure of materials containing prohibited symbols where appropriate.

Reporting Mechanisms

Community members can report suspected breaches to police through standard reporting channels. The government has encouraged reporting of hate symbols and gestures as part of broader efforts to combat antisemitism and extremism in Victoria.

Jurisdiction

A person charged with displaying a Nazi symbol or gesture will be dealt with by the Magistrates Court. These matters are typically heard as summary offences, with proceedings generally concluded within the lower court system unless complex legal issues arise that require higher court consideration.

Other states

National Movement

Similar legislation has been passed in several other Australian states, demonstrating a national commitment to combating hate symbols and extremist imagery.

In New South Wales and Tasmania, Nazi symbols have now been banned, with Queensland laws prohibiting hate symbols generally. Each state has adopted slightly different approaches to the prohibition, but all share the common goal of reducing hate speech and protecting vulnerable communities.

Federal Legislation

The federal government has also introduced legislation to prohibited specific hate symbols including the Swastika and the Islamic State flag. This creates a comprehensive legal framework across multiple jurisdictions to address extremist symbolism.

Responses to the new laws

Community Support

While some sectors of the community have welcomed the laws, saying that Nazi symbols have no place in Australia, the new offences have also caused concern and attracted criticism. Jewish community organizations and anti-racism groups have generally praised the legislation as an important step in protecting vulnerable communities from hate speech and intimidation.

Criticisms and Concerns

Some critics have argued that the