South Australian Current Acts

SUMMARY OFFENCES ACT 1953 - SECT 32A

32A—Interpretation

        (1)         In this Part—

"intelligence agency" means—

            (a)         the Australian Security Intelligence Organisation; or

            (b)         the Australian Secret Intelligence Service; or

            (c)         the Australian Signals Directorate; or

            (d)         the Office of National Intelligence;

"law enforcement officer" means—

            (a)         a police officer or a member of the police force or police service of any other State or of the Northern Territory; or

            (b)         a member of the Australian Federal Police; or

            (c)         a member of staff of the Australian Crime Commission established by the Australian Crime Commission Act 2002 of the Commonwealth;

"Nazi salute" means—

            (a)         a salute consisting of raising an outstretched right arm with the palm down (whether or not accompanied by any spoken words); or

Note—

This salute is commonly referred to as the Hitler salute, or Hitler greeting, and was generally used in Nazi Germany as a way to pay homage to Adolf Hitler.

            (b)         a gesture that so nearly resembles the salute referred to in paragraph (a) that it is likely to be mistaken for that salute;

"Nazi symbol"—each of the following is a Nazi symbol:

            (a)         the hakenkreuz;

            (b)         an image of a Nazi salute;

            (c)         any symbol prescribed by the regulations to be a Nazi symbol (being a symbol that is associated with the Nazis, or with Nazi ideology);

            (d)         any other symbol associated with the Nazis, or with Nazi ideology;

            (e)         a symbol that so nearly resembles a symbol referred to in a preceding paragraph that it is likely to be mistaken for such a symbol;

"prohibited act" means—

            (a)         performing a Nazi salute; or

            (b)         publishing a Nazi symbol;

"publishing a Nazi symbol"—a person publishes a Nazi symbol if they—

            (a)         include the symbol in a publicly viewable post on a website, social media platform or other electronic platform; or

            (b)         publish the symbol in a book, newspaper, magazine or other written publication; or

            (c)         distribute the symbol in a book, newspaper, magazine or other written publication; or

            (d)         broadcast the symbol (whether by television or other means); or

            (e)         display the symbol in a public place, or in a manner observable by a person in a public place; or

Example—

Wearing an item of clothing on which a hakenkreuz is displayed.

            (f)         engage in any other act of a kind prescribed by the regulations.

        (2)         For the purposes of this Part, a reference to a "hakenkreuz" will be taken to be a reference to a symbol of a cross with the arms bent at right angles in a clockwise direction.

Note—

The hakenkreuz, or hooked or crooked cross, was used in Nazi Germany as the symbol of the Nazi Party. It is also often referred to as a swastika in that context, but should not be equated with the use of the swastika by practitioners of the Buddhist, Jain or Hindu religions.

        (3)         For the purposes of this Part, "publishing a Nazi symbol" does not include the distribution or dissemination of any matter by a person to the public if the person does not know, and could not reasonably be expected to know, the content of the matter.