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THE CRIMINAL OFFENCE OF DISPLAYING NAZI SYMBOLS

THE LAW:

The criminal offence of displaying Nazi symbols is a criminal offence that can lead to serious consequences. Criminal Lawyers Group have been nationally recognised as the top criminal law firm in NSW for securing the best outcomes for clients who have been charged with the criminal offence of displaying Nazi symbols.

If you or anyone you know have been accused or charged with the criminal offence of displaying Nazi symbols, contact our award-winning team of expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation.

 

WHAT IS THE CRIMINAL OFFENCE OF DISPLAYING NAZI SYMBOLS?

Section 93ZA(1) of the Crimes Act 1900 (NSW) constitutes it a criminal offence for a person to knowingly display, by public act and without reasonable excuse, a Nazi symbol other than on or near a synagogue, a Jewish school or the Sydney Jewish Museum.

A person convicted of the criminal offence of displaying Nazi symbols under this section is liable to a maximum penalty of $11,000 and/or a term of imprisonment of up to 12 months. The maximum penalty for a corporation is a fine of $55,000.

 

WHAT IF THE CRIMINAL OFFENCE OF DISPAYING NAZI SYMBOLS IS COMMITTED NEAR JEWISH SITES?

Greater penalties apply if the criminal offence of displaying Nazi symbols is committed near certain Jewish sites.

Section 93ZA(1AA) of the Crimes Act 1900 (NSW) constitutes it a criminal offence for a person to knowingly display, by public act and without reasonable excuse, a Nazi symbol on or near a synagogue, a Jewish school or the Sydney Jewish Museum.

A person convicted of the criminal offence of displaying Nazi symbols under this section is liable to a maximum penalty of $22,000 and/or a term of imprisonment of up to 2 years. The maximum penalty for a corporation is a fine of $110,000.

 

RELIGIOUS SWASTIKAS AND REASONABLE EXCUSES TO DISPLAYING A NAZI SYMBOL

Section 93ZA(2) of the Crimes Act 1900 (NSW) states that the display of a swastika in connection with Buddhism, Hinduism or Jainism does not constitute the display of a Nazi symbol.

Furthermore, Section 93ZA(3) of the Crimes Act 1900 (NSW) provides for certain reasonable excuses for the display of a Nazi symbol. As a conviction of the criminal offence of displaying a Nazi symbol requires the action to have been committed without a reasonable excuse, you will not be convicted of the offence of displaying a Nazi symbol if any of the reasonable excuses apply.

A reasonable excuse includes the display of a Nazi symbol done reasonably and in good faith:

  • For an academic, artistic or educational purpose, or
  • For another purpose in the public interest.

 

MAN CHARGED WITH CRIMINAL OFFENCE OF DISPLAYING A NAZI SYMBOL

A 21 year old man has been arrested and charged with offences related to hate crimes, including the criminal offence of displaying a Nazi symbol.

On 18 May 2025, NSW Police observed a man they allege to have been spraying paint on decals affiliated with specific members of the community in the Sydney Inner West suburb of Petersham.

After being arrested, the man was taken to Newtown Police Station.

Following further inquiries, NSW Police allege the man to have also damaged and sprayed offensive messages on buildings and political posters in the Erskineville and Newtown areas, from 22 April 2025 until the date of his arrest.

In addition to the criminal offence of displaying a Nazi symbol, the man was also charged with Enter inclosed land not prescribed premises without lawful excuse, Intentionally mark premises etc without prescribed consent and Destroy or damage property.

 

OUR PROVEN RESULTS

Our Principal and award-winning criminal lawyer Mr Steven Mercael successfully obtained a Not Guilty verdict for a client who had been charged by Police with displaying a Nazi symbol at a tennis match, among the latest in a long list of successful outcomes.

 

CONTACT CRIMINAL LAWYERS GROUP NOW

If you or anyone you know have been accused or charged with the criminal offence of displaying Nazi symbols, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.

Our award-winning team of criminal law experts are nationally recognised for securing not guilty verdicts and the withdrawal of charges for our clients across NSW who have been charged with the criminal offence of displaying Nazi symbols.

 

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