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The Canberra Times
The Canberra Times
Jasper Lindell

Public display of Nazi swastikas banned under new ACT law

Displaying Nazi symbols in public across the ACT is now illegal and people found breaking the new laws face up to a year in prison.

Attorney-General Shane Rattenbury said the ban applied both to physical and online displays of symbols associated with the Nazis.

"The new offence sends a strong message to the ACT community that we do not tolerate the public display of symbols intended to incite hatred," he said.

"Everyone has the right to feel safe and live their lives in our community free of intimidation and threats.

"The offence protects ACT community members including Jewish people, people with a disability and LGBTIQ people, from the harm caused by public displays of Nazi symbols."

Attorney-General Shane Rattenbury. Picture by Elesa Kurtz

The law passed the Legislative Assembly on Tuesday evening.

A person breaks the law if they know, or ought to reasonably know, the symbol they are displaying publicly is associated with "Nazi ideology".

Exceptions cover display of the symbols for academic, artistic, religious or scientific purposes, as well as "genuine cultural or educational" uses.

Nazi symbols can also be displayed "in opposition to fascism, neo-Nazisim or related ideologies", the law says.

The symbols can be displayed when "making or publishing a fair and accurate report of an event or matter of public interest".

The law does not make it illegal to display a Nazi symbol if it is tattooed onto a person's body.

Mr Rattenbury said the offence would also cover people in the ACT who broadcast Nazi symbols to people beyond the territory's borders, including on social media.

Intentionally waving a Nazi flag in NSW or displaying memorabilia bearing swastikas can land a person in jail for up to a year, along with a fine of $11,000. The state passed laws with unanimous support in August.

Victoria banned the public display of the Nazi swastika in June 2022, which was hailed as a "thunderous blow" to white supremacists in the state.

The Victorian state government on Tuesday introduced legislation to ban the Nazi salute.

It's already a criminal offence in the state to display the Nazi swastika but the new bill will also prevent people from intentionally displaying or performing a Nazi gesture or symbol in public.

Those who do so will face fines of more than $23,000 or 12 months in prison.

The ban will include a broad range of symbols and gestures used by the historic Nazi Party and its paramilitary organisations to ensure those who deliberately try to circumvent the ban are punished.

"Victorians have zero tolerance for the glorification of hateful ideology," Attorney-General Jaclyn Symes said in a statement.

- with AAP

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