Amend—
(a) the Crimes Act 1900 to make it an offence to publicly engage in conduct that indicates
support for Nazi ideology, and
(b) the Criminal Procedure Act 1986 to require certain offences for conduct that indicates
support for Nazi ideology to be dealt with summarily unless the prosecutor elects to have
the offence dealt with on indictment, and
(c) the Summary Offences Act 1988 to clarify that a person participating in an authorised public
assembly may still be guilty of another offence while participating in the assembly,
including in relation to the purpose of the assembly.

Amend the Crimes Act 1900 to make it an offence to publicly engage in conduct that indicates
support for Nazi ideology

Schedule 1[2] substitutes section 93ZA to make it an offence for a person, by public act and
without a reasonable excuse, to knowingly engage in conduct that indicates support for Nazi
ideology using imagery or characteristics associated with Nazi ideology that would cause a
reasonable person to fear harassment, intimidation or violence or for the person’s safety. The
maximum penalty for the offence is—
(a) if the act occurs on or near a synagogue, a Jewish school or the Sydney Jewish Museum—
(i) for an individual—200 penalty units or imprisonment for 2 years, or both, or
(ii) for a corporation—1,000 penalty units, or
(b) otherwise—
(i) for an individual—100 penalty units or imprisonment for 12 months, or both, or
(ii) for a corporation—500 penalty units.
The maximum penalty for an offence under proposed section 93ZA(1)–(4) dealt with summarily
is not limited by the Criminal Procedure Act 1986, section 268.
For proposed section 93ZA(1)–(4), the display of a swastika in connection with Buddhism,
Hinduism or Jainism is not a display of a Nazi symbol and a reasonable excuse for an offence
under the proposed subsections includes an academic, artistic or educational purpose or another
purpose that is in the public interest.
A police officer who reasonably suspects a person is committing an offence under proposed
section 93ZA(1) or (2) of displaying, by public act, a Nazi symbol may direct the person to remove
the suspected Nazi symbol from display. The direction may be given orally or in writing and must
indicate the period of time within which the direction must be complied with. The maximum
penalty for failing to comply with the direction is 20 penalty units or imprisonment for 3 months,
or both. A direction given under the proposed section is not limited by the Law Enforcement
(Powers and Responsibilities) Act 2002, Part 14, which deals with the powers of police to give
directions.
Schedule 2.2 clarifies that while a person participating in an authorised public assembly in
accordance with the particulars set out in the notice for the assembly under the Summary Offences
Act 1988, section 23(1)(c), may not be guilty of an offence relating to participation in an unlawful
assembly, the person may still be guilty of committing another offence while participating in the
assembly, including an offence in relation to the purpose of the assembly.