It is a criminal offence under the Commonwealth
Criminal Code Act 1995 (Criminal Code) to display a prohibited symbol, or perform the Nazi salute, in public. This document contains information about certain prohibited symbols. It is for general information and educational purposes only. It therefore does not constitute unlawful public display or legal advice.
A prohibited symbol is:
- a symbol that a terrorist organisation, or its members, use to identify the organisation or a part of the organisation
- a symbol that a prohibited hate group, or its members, use to identify the organisation or a part of the organisation
- a symbol that a state entity prescribed as a sponsor of terrorism, or its members, use to identify the entity, or part of the entity
- the Nazi hakenkreuz and the Nazi double sig rune, or
- something that closely resembles one of these symbols that it is likely to be confused with, or mistaken for, that symbol.
In a prosecution for the public display of a prohibited symbol, it would ultimately be necessary for the prosecution to provide evidence that the offender was reckless as to whether the symbol was a prohibited symbol.
It is important to acknowledge that there are some symbols which have been misappropriated by the Nazi party, terrorist organisations, hate groups or state entities listed as state sponsors of terrorism. The law recognises that the genuine use of a symbol by a religious group for religious reasons is not intended to be captured by the offences.
A religious purpose could include, for example, the public display of:
- the sacred Swastika in connection with Buddhist, Hindu and Jain religions
- the Shahada in connection with Muslim religion.
More guidance for when these offences apply is on the Attorney-General’s Department webpage Displaying prohibited symbols offences.
It is also a criminal offence in most states and territories to publicly display a prohibited symbol. Below you can find more information about these offences:
Prohibited Nazi symbol
Unlike some offences in states and territories, the Commonwealth offences are limited to 2 specific Nazi symbols. These are the Nazi hakenkreuz and the Nazi double sig rune. The offences also apply to symbols which could be confused with, or mistaken for, the Nazi hakenkreuz or the Nazi double sig rune.
Descriptions of these symbols are in the
Lists of certain prohibited hate symbols.
Additionally, the Commonwealth Criminal Code also criminalises the giving of the Nazi salute in certain circumstances. The Nazi salute is a gesture that was used by the National Socialist German Workers’ Party from 1920 until its end in 1945. The Nazi salute generally involves raising a straight, right arm at an angle from the body. However, there were slight variations in how members of the National Socialist German Workers’ Party performed the salute. Due to this, the legislation does not have a strict definition of the Nazi salute as there may be variations in how it is performed.
The court will have discretion to determine whether a gesture made was the Nazi salute, considering all of the circumstances of the case. This includes both the appearance of the gesture and the context that it was performed.
Prohibited terrorist organisation symbol
A prohibited terrorist organisation symbol is a symbol that a terrorist organisation, or its members, use to identify the organisation, or part of the organisation.
Under the Criminal Code, a terrorist organisation is an organisation that:
- is directly or indirectly engaged in preparing, planning, assisting in, or fostering the doing of a terrorist act; or
- has been listed in Regulations made by the Governor-General.
Importantly, a prohibited terrorist organisation symbol can be a symbol used by a terrorist organisation or its members, even if the organisation is not listed. The offences also apply to symbols which could be confused with, or mistaken for, a prohibited terrorist organisation symbol.
Under the Criminal Code, the Governor-General may make Regulations listing a terrorist organisation if the Australian Federal Police (AFP) Minister is satisfied that the organisation:
- is directly or indirectly engaged in preparing, planning, assisting in, or fostering the doing of a terrorist act; or
- advocates the doing of a terrorist act.
See the
Listed terrorist organisations.
The list of prohibited terrorist organisation symbols is not intended to be a comprehensive or definitive list of the prohibited symbols. It contains only the symbols relating to listed terrorist organisations, as these are the symbols most likely to be used in Australia. However, symbols of organisations that are not listed, but otherwise meet the definition of a terrorist organisation, may still be prohibited terrorist organisation symbols.
Prohibited state sponsor of terrorism symbol
A prohibited state sponsor of terrorism symbol is a symbol that a state entity which is prescribed as a state sponsor of terrorism, or its members, use to identify the entity, or a part of the entity.
Under the Criminal Code, a state sponsor of terrorism is a foreign state entity specified under Regulations as a state sponsor of terrorism.
Importantly, a prohibited state sponsor of terrorism symbol only captures symbols used by a state entity specified in a regulation as a state sponsor of terrorism. Additionally, a prohibited state sponsor of terrorism symbol cannot be the national flag of a foreign country, or the flag of part of a foreign country.
Under the Criminal Code, the Governor-General may specify a state entity as a state sponsor of terrorism if the AFP Minister is satisfied on reasonable grounds that:
- the entity is a foreign state entity, and
- the entity, or a member of the entity, has directly or indirectly engaged in preparing, planning, assisting in, or fostering the doing of a terrorist act that was targeted at Australia, or
- the entity, or a member of the entity, has advocated the doing of a terrorist act that was targeted at Australia.
See the
Listed state sponsors of terrorism.
The list of prohibited state sponsor of terrorism symbols is not intended to be a comprehensive or definitive list of the prohibited symbols. The offences also apply to symbols which could be confused with, or mistaken for, a prohibited terrorist organisation symbol.
Prohibited hate group symbol
A prohibited hate group symbol is a symbol that a hate group, or its members, use to identify the group, or part of the group.
Under the Criminal Code, the Governor-General may make Regulations listing a group as a hate group if the Director-General of Security has has provided written advice to the Australian Federal Police Minister recommending the organisation be listed, and the Minister is satisfied that the organisation has engaged in, prepared, planned or assisted in a hate crime relating to race, national or ethnic origin or has advocated hate crimes relating to race, national or ethnic origin.
There are currently no listed hate groups.
