NSW Gov
The Minns Labor Government is introducing amendments into the NSW Parliament cracking down on public displays of Nazi ideology by giving police and courts greater powers to hold extremists who express these abhorrent views to account.
The Crimes Act 1900 will be amended to ban conduct which indicates support for Nazi ideology by invoking imagery or characteristics associated with Nazism without reasonable excuse and in public. This includes conduct such as Nazi chants or slogans.
While Nazi symbols are already banned in NSW, the disgraceful rally outside the Parliament earlier this month highlighted the need to strengthen current laws.
These measures further protect the community from vile Nazism which has no place in New South Wales.
Under the reforms being introduced into NSW Parliament today, someone who engages in this conduct will face up to a year's imprisonment or a maximum fine of $11,000.
Stronger penalties - up to two years' imprisonment or a $22,000 fine - will apply to someone who commits this offence near a synagogue, Jewish school or the Sydney Jewish Museum.
The Crimes and Summary Offences Amendment Bill 2025 will also introduce new powers allowing police to order a perpetrator the take down of a suspected Nazi symbol.
Refusing to follow this direction without reasonable excuse will become an offence punishable by a maximum fine of $2,200 or up to three months' imprisonment.
The Bill will elevate the seriousness of new and existing offences relating to Nazi conduct and Nazi symbols. This means perpetrators will be able to be tried on indictment at the District Court.
It also means NSW Police will be able to order someone to reveal their identity, if the information is reasonably suspected to aid an investigation for an alleged Nazi symbol or Nazi conduct offence.
The amendments will also clarify that people can be charged with these offences even if a public assembly is authorised, putting this beyond any doubt. This includes the offence of inciting racial hatred.
The Government will refer these amendments for consideration by the Legislative Assembly Committee on Law and Safety. This will give Parliament the time to carefully consider these important matters.
The Government will also remove the three-year sunset clause on the offence of inciting racial hatred to ensure ongoing community protection. We opposed the introduction of the sunset clause which was supported by the Coalition and the Greens earlier this year. These reforms build on ongoing work by the Minns Labor Government to protect the community against racial hatred including making it an offence to:
- Intentionally and publicly incite racial hatred
- Harass, intimidate, threaten, block or hinder someone entering or leaving a place of worship
- Display a Nazi symbol on or near a synagogue, Jewish school or Sydney Jewish Museum
The Government has also expanded the aggravating factor for offences motivated by racial hatred or prejudice.
Attorney General Michael Daley said:
"The deplorable stunt we saw outside NSW Parliament has no place in our society. Nobody should be subject to this vile hatred because of their background or faith.
"We are giving police and the courts additional powers to hold Nazi extremists to account for their abhorrent views.
"These tough new laws are complemented by the suite of legislation the Government has already put in place to protect against racial vilification and hatred."
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