South Australian Current Acts South Australian Current Acts32B—Prohibition on use of Nazi salute or Nazi symbols
(1) A person who
engages in a prohibited act is guilty of an offence.
Maximum penalty: $20 000 or imprisonment for 12 months.
(2) A person does not
contravene subsection (1) if the prohibited act was engaged in for a
legitimate public purpose.
(3) For the purposes
of subsection (2), an act will only be taken to
be for a "legitimate public purpose" if the act was in the public interest
having regard to the following:
(a)
whether the act was for a genuine academic, artistic, religious or scientific
purpose;
(b)
whether the act was for a genuine cultural or educational purpose;
(c)
whether the act was for the purpose of making or publishing a fair and
accurate report of any event or matter of public interest;
(d)
whether the act was in opposition to fascism, Nazism, neo-Nazism or other
related ideologies.
(4) However, an act
will be taken not to be for a legitimate public purpose where the act is for a
purpose that a reasonable person would understand to be directly or indirectly
encouraging, glorifying, promoting or condoning fascism, Nazism, neo-Nazism or
other related ideologies.
(5) A
law enforcement officer or a member of an intelligence agency does not
contravene subsection (1) if the prohibited act occurs in the performance
of the officer's or member's duties and is done in good faith.
(6) A person does not
contravene subsection (1) if the prohibited act occurs in the course of
official duties connected with the administration of the justice system,
including the investigation or prosecution of offences, and is done in good
faith.
(7) If a person is
found guilty of an offence under subsection (1) the court may, in
addition to imposing a penalty for the offence, make an order requiring the
defendant to pay the reasonable costs and expenses of any action taken for the
purposes of removing any relevant Nazi symbols from display.