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Section 93ZA Crimes Act 1900
Offence of Displaying Nazi Symbols

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Knowingly displaying a Nazi symbol by a public act without reasonable excuse is an offence under Section 93ZA of the Crimes Act 1900 (NSW) which carries a maximum penalty of 12 months in prison and/or 100 penalty units for an individual, or 500 penalty units for a corporation.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You displayed a Nazi symbol,
  2. You did so knowingly,
  3. You did so by a public act, and
  4. You did not have a reasonable excuse for your conduct.

A ‘public act’ is defined as:

  1. Any form of communication including speaking, writing, displaying notices, playing recorded material, broadcasting and communicating through social media and other electronic methods to the public,
  1. Any conduct including actions and gestures and the wearing or display of clothing, signs, flags, emblems and insignia observable by the public, or
  1. The distribution or dissemination of any matter to the public.

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

  1. An academic, artistic or educational purpose, or
  2. Another purpose in the public interest.

The offence does not cover the display of a swastika in connection with Buddhism, Hinduism or Jainism.


How Much is a ‘Penalty Unit’ for a Commonwealth Offence?

Many Commonwealth Offences such as those in the Criminal Code Act, Corporations Act and Customs Act are punishable by ‘penalty units’.

Each penalty unit represents an amount of money, and the value of a Commonwealth penalty is indexed under a formula contained in section 4AA of the Crimes Act 1914.

The value of a Commonwealth penalty unit is as follows:

Date range Unit value
From 1 July 2023 $313
Between 1 January 2023 and 30 June 2023 $275
Between 1 July 2020 and 31 December 2022 $222
Between 1 July 2017 and 30 June 2020 $210
Between 31 July 2015 and 30 June 2017 $180
Between 28 December 2012 and 30 July 2015 $170
Before 27 December 2012 $110

If you are going to court for the offence of Displaying Nazi Symbols, call Sydney Criminal Lawyers 24/7 on (02) 9261 8881 to arrange a free first conference with an experienced defence lawyer who will advise you of your options and the best way forward, and fight to secure the optimal outcome.

Duress is a defence to the charge.

The Legislation

93ZA Offence of displaying Nazi symbols

(1) A person who knowingly displays, by public act and without reasonable excuse, a Nazi symbol commits an offence.
Maximum penalty—
(a) for an individual—100 penalty units or imprisonment for 12 months, or 9
both, or
(b) for a corporation—500 penalty units.

For subsection (1), the display of a swastika in connection with Buddhism, Hinduism or Jainism does not constitute the display of a Nazi symbol.
Also, without limiting subsection (1), a reasonable excuse includes the display of a Nazi symbol done reasonably and in good faith—
(a) for an academic, artistic or educational purpose, or
(b) for another purpose in the public interest.

In this section—
public act has the same meaning as in section 93Z.

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Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with.

Here are 12 reasons to choose our multi-award winning legal team:

  1. Proven Track Record of Exceptional Results

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    We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.

    Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.

  2. Highest Level of Client Satisfaction

    We have the best and most comprehensive client review record of any law firm in Australia.

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  3. Australia’s Most Awarded Criminal Law Firm

    We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.

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  5. Free First Appointment

    For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.

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  6. Specialist Lawyer Guarantee

    We guarantee that only lawyers with substantial criminal defence experience will work on your case and appear for you in court.

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  7. All NSW Courts

    From Bombala to Broken Hill, our lawyers appear in courts throughout New South Wales – and across Australia for Commonwealth cases.

    And we offer fixed fees for most criminal and traffic law cases throughout the state.

  8. Accredited Specialists

    Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.

    All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.

    An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field.

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  11. Familiar with Magistrates and Judges

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  12. Convenience

    We have offices in locations across the Sydney Metropolitan Area and beyond, including:

    We offer free parking at our Sydney CBD offices, and all of our offices are close to train stations and bus terminals.

    For those who are unable to attend our offices, we offer conferences by telephone, Skye and FaceTime anywhere around the world.

    If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at info@sydneycriminallawyers.com.au.

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