The Nazi Hakenkreuz symbol is the most widely known Nazi symbol. The distorted version of the Swastika, the Nazi Hakenkreuz symbol, has become a symbol of the Nazi party and its heinous crimes against humanity. Neo-Nazi groups still use this Nazi symbol to intimidate and incite hatred and violence against the Jewish community and other diverse groups. This is fundamentally incompatible with Victoria’s multicultural and multifaith society, which is why as of December 29 2022, it is a criminal offence to publicly display the Nazi Hakenkreuz symbol in Victoria. More information and exceptions to this rule are given herein.
Introduction
On 29 December 2022, the Victorian Government implemented a new law that prohibits the intentional display of the Nazi Hakenkreuz symbol. The offence is punishable with up to 12 months in prison and/or a fine of up to $22,000.
However, the law recognises the cultural and historical significance of the sacred Swastika for Buddhist, Hindu, Jain, and other faith communities as an ancient and sacred symbol of peace and good fortune. The law does not prohibit the display of the sacred Swastika for cultural and religious purposes. The offence also does not prohibit the display of the Hakenkreuz for genuine educational, scientific or arts purposes.
In support of the new law, the Victorian Government, with the support of the Buddhist Council of Victoria, Hindu Council of Australia (Vic), Jewish Community Council of Victoria, and the Melbourne Shwetambar Jain Sangh, has launched a campaign aiming to raise awareness about the new law, the distinction between the banned Nazi symbol, and the sacred Swastika that is not banned.
Key messages
- On 29 December 2022, the Victorian Government implemented a new law that prohibits the intentional display of the Nazi Hakenkreuz symbol. The offence is
punishable with up to 12 months in prison and/or up to a $22,000 fine. - Hindu, Buddhist, Jain, and other faith communities can still publicly display the sacred Swastika for genuine cultural or religious purposes.
- The offence does not prohibit the display of the sacred Swastika for cultural and religious purposes. The offence also does not prohibit the display of the Hakenkreuz for genuine educational, scientific or arts purposes.
- To learn more about the new law and its exemptions for religious communities, visit https://vic.gov.au/about-the-nazi-symbol-ban
Why the Nazi Hakenkreuz symbol is being banned
The Nazi Hakenkreuz symbol is the most widely known Nazi symbol.
The Nazi Hakenkreuz symbol was used by the Nazi party and the Third Reich in Germany.
Hakenkreuz means twisted or hooked cross in German, and became a symbol of the Nazi party. The Nazi party committed heinous crimes against humanity, particularly against Jewish people. To this day some people, including neo-Nazi groups, still use the Nazi Hakenkreuz symbol to intimidate, incite hatred and spread messages of antisemitism, and intolerance towards the Jewish community and other groups.
Nazi Hakenkreuz symbols represent an ideology that is fundamentally incompatible with Victoria’s multicultural, multi-faith and democratic society. Displaying them can be harmful, hence the ban.
What is the new law?
The law is called the Summary Offences Amendment (Nazi Symbol Prohibition) Act 2022.
Under this law, it is a criminal offence to intentionally display the Nazi Hakenkreuz symbol if:
- you know, or you ought to have reasonably known, that the symbol is a symbol of Nazi ideology
- you display it in a public place or public view
- your display does not fall in one of the exceptions.
Can I use the Swastika as part of my culture or religion?
The law recognises that the Swastika is an ancient and sacred symbol of peace and good fortune for the Buddhist, Hindu, Jain, and other faith communities. It is not against the law to publicly display the Swastika (which may be mistaken for the Nazi Hakenkreuz symbol) for genuine cultural or religious purposes.
Examples of religious and cultural uses of the Swastika
Examples of possible genuine religious and cultural purposes permitted under the law include:
- A person of Jain faith draws Swastika while conducting many religious rituals as well as on a person’s car or at an entrance of home as a symbol of good fortune
- A person of Buddhist faith displays a sculpture of Buddha with a Swastika on the chest, as a symbol of auspiciousness, at a Buddhist temple
- A member of the Hindu community wears a T-shirt in public with a Swastika on the front as a symbol of peace.
Acceptable uses of the Nazi Hakenkreuz symbol
It is not against the law to display the Nazi Hakenkreuz symbol for genuine educational, scientific, academic, or artistic purposes.
An example of possible genuine educational purposes permitted under the law is a bookshop displaying an educational textbook on World War II, which has a Nazi Hakenkreuz symbol on the cover.
More information here: https://vic.gov.au/about-the-nazi-symbol-ban
Image Credits: ABC News/Kristian Silva
