Performing a Nazi salute or publishing a Nazi symbol, under Part 6A of the Summary Offences Act 1953 (SA).
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Summary offence
Magistrates Court of South Australia
Maximum penalty $20,000 fine or 12 months imprisonment
Nazi Related Offences Key Facts
| Offence |
A person commits an offence if they engage in a prohibited act, which includes: - performing a Nazi salute (the outstretched right arm gesture commonly referred to as the Hitler salute); - publishing a Nazi symbol, including the hakenkreuz (swastika used by Nazis), an image of a Nazi salute, or other symbols associated with Nazi ideology. Publishing includes displaying symbols in public, posting online, broadcasting, wearing clothing with Nazi insignia, or distributing materials. Legitimate public purpose exceptions apply, such as academic, cultural, religious, artistic, educational, reporting, or anti-fascist purposes. |
| Maximum Penalty |
Prohibited act (salute or symbol): $20,000 fine or 12 months imprisonment. Failure to comply with police direction to remove a Nazi symbol: $1,250 fine. In addition, courts may order a defendant to pay the costs of removing Nazi symbols from display. |
| Typical Sentence | Outcomes vary. First offences may attract fines or good behaviour bonds, particularly where no aggravating features exist. Repeated or public acts glorifying Nazism may result in imprisonment. |
| Which Court? | Heard in the Magistrates Court of South Australia. More serious matters involving additional offences (e.g., violent conduct) may escalate to the District Court. |
| Process Timeline |
Police observation or complaint → Investigation → Charge laid → Police interview → Bail consideration → Hearing in Magistrates Court → Sentencing if guilty. (Average: 3–9 months) |
| Possible Defences |
1. Legitimate Public Purpose: Act was for genuine academic, cultural, educational, artistic, journalistic, scientific, or religious reasons. 2. Opposition to Nazism: Display was part of a protest or statement against fascism, Nazism, or related ideologies. 3. Lack of Knowledge: Person did not know, and could not reasonably be expected to know, the material contained a Nazi symbol. 4. Law Enforcement/Legal Duties: Conduct occurred in the course of official law enforcement, intelligence, or judicial duties. |
| What The Prosecution Must Prove |
- That the accused performed a Nazi salute or published a Nazi symbol; - That the act was observable by the public, or distributed/published in a way accessible to others; - That the act was not for a legitimate public purpose; - That the accused knew, or ought reasonably to have known, that the symbol or salute was Nazi-related. |
Nazi Related Offences Case Scenarios
Below are examples of how Nazi related offences may be charged and sentenced in South Australia. These examples are not indicative of a specific outcome and are for informational purposes only.
Low-Level Offence
Mid-Level Offence
High-Level Offence
Low-Level Offence
Scenario:
A man is photographed performing the Nazi salute at a private party. The image is posted on social media, visible to the public.
What to expect:
Convicted of performing a Nazi salute in public. Issued with a fine of $2,000 and a recorded conviction.
Mid-Level Offence
Scenario:
An individual displays a hakenkreuz (Swastika) flag outside their home, clearly visible to neighbours and passers-by. Despite police direction to remove it, they refuse.
What to expect:
Convicted of publishing a Nazi symbol and failing to comply with a police direction. Sentenced to 3 months imprisonment and fined $1,250.
High-Level Offence
Scenario:
A person produces and distributes online videos promoting neo-Nazi ideology, including the display of Nazi salutes and symbols, deliberately encouraging others to adopt extremist beliefs.
What to expect:
Convicted of publishing Nazi symbols for the purpose of glorifying Nazism. Sentenced to 9 months imprisonment, with additional court orders to remove the content and pay removal costs.
Disclaimer: The examples above are provided for informational purposes only and do not guarantee a specific result in your matter. Sentencing decisions can vary significantly depending on individual circumstances, including the severity of the offence, intent, prior criminal history and other legal factors. For case-specific advice, get in touch with one of our expert criminal lawyers.
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Nazi Related Offences FAQ’s
If you need more information about Nazi related offences in South Australia, these FAQs answer the most common questions.
What is the penalty for doing a Nazi salute in South Australia?
Up to $20,000 fine or 12 months imprisonment.
Is it illegal to display a swastika in South Australia?
Yes, if displayed as a Nazi symbol. Contexts like Buddhism, Hinduism, or Jainism are excluded.
Can I be fined for posting Nazi symbols online?
Yes. Publishing Nazi symbols on social media, websites, or online platforms is prohibited and can result in prosecution.
Are there any exceptions to the Nazi symbol laws?
Yes, if done for academic, artistic, religious, cultural, educational, journalistic, or anti-fascist purposes.
What happens if police tell me to remove a Nazi flag?
You must comply. Failing to remove it can result in a $1,250 fine and further penalties.
Is the Nazi salute illegal everywhere in Australia?
Not yet, but South Australia has specific legislation under the Summary Offences Act 1953 banning it.
Does the law apply to private conduct?
Yes, if the salute or symbol is visible to the public (e.g., on social media or in a public-facing setting).
What is considered a Nazi symbol under the law?
The hakenkreuz (swastika used by Nazis), images of Nazi salutes, and other symbols associated with Nazi ideology.
Can journalists publish Nazi symbols?
Yes, if it is part of legitimate reporting or education, and not for glorification of Nazism.
Can I wear clothing with a swastika on it?
Not if it is a Nazi swastika (hakenkreuz). Wearing such clothing in public is considered publishing a Nazi symbol.
What if I display Nazi symbols as part of opposing fascism?
This may be a defence if the context shows genuine opposition to Nazism.
Who investigates Nazi salute or symbol offences?
South Australia Police investigate and can issue directions to remove Nazi symbols.
Can the court order me to pay costs for removing Nazi symbols?
Yes, in addition to any fine or imprisonment.
Is possession of Nazi memorabilia illegal?
Not automatically. It becomes unlawful when it is published or displayed in public in a way that breaches the law.
Why did South Australia ban Nazi symbols and salutes?
To prevent the spread and glorification of fascism, Nazism, neo-Nazism, and extremist ideologies that incite hatred and violence.
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