Sponsor speech Supports
Julian Leeser
Leeser supports the bill and says it will help keep Australians safe by banning Nazi symbols and actions, with sensible carve-outs for education, journalism and other public-interest uses.
Read in Hansard ↗Criminal Code Amendment (Prohibition of Nazi Symbols)
Current status
This bill did not become law and is no longer proceeding.
Policy area
Law, justice & rights
What does this bill do?
People who knowingly display a Nazi symbolOn this page, this covers Nazi imagery and related signs the bill would ban in public, including the salute. in public without a reasonable excuse could face a new federal criminal offence.
Why was it introduced?
Recent public displays of Nazi symbols, including on the steps of a State Parliament, exposed the need for a CommonwealthThis means the federal Australian government and its laws, not state law. ban. The bill creates a federal offence for knowingly displaying Nazi symbols in public, while allowing religious use and legitimate education, art, journalism, science and public-interest purposes.
Broader context
By 2022, New South Wales and Victoria had already outlawed Nazi symbols at state level, but recent public displays of Nazi symbols, including on the steps of a state parliament, and ASIOAustralia's domestic security agency; here it is cited as warning that Nazi symbols were being used for extremist recruitment. warnings about extremist recruitment showed the gap in CommonwealthThis means the federal Australian government and its laws, not state law. law. The bill responded by proposing a federal offence for publicly displaying Nazi symbols or giving a Nazi saluteThe bill treats this gesture as a banned public display of Nazi ideology., with carve-outs for religion and legitimate public-interest uses, before the wider push shifted to government-backed legislation later in 2023 and this private member's billA bill introduced by an MP or senator rather than by the government. dropped from the Notice PaperThe list of business still waiting to be dealt with in Parliament; if a bill drops off it, that proposal is effectively no longer moving..
Key criticism
The main reservation was that a federal ban on Nazi symbols could raise free speech and drafting concerns if it swept in legitimate expression or unclear uses, rather than just neo-Nazi propaganda. in publicly available sources here, that concern appears only in passing and was not pressed into a substantial public campaign against the bill, with no party represented in the debate opposing it.
Who supported it?
Julian Leeser MPAn elected federal representative; Julian Leeser is identified this way as the bill's sponsor. introduced this bill. Speeches supporting it came from Liberal Party.
Introduced in House 22 May 2023
Failed in House 28 Nov 2023
Did not reach Senate —
Did not become law —
Did it become law?
No
The bill did not complete passage through Parliament.
Final passage
No final passage
The bill has not completed passage and is no longer proceeding.
Time before failure
190 days
From introduction to the final recorded step before the bill stopped proceeding
Meaning
What does this bill do?
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People who knowingly display a Nazi symbolOn this page, this covers Nazi imagery and related signs the bill would ban in public, including the salute. in public without a reasonable excuse could face a new federal criminal offence.
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The bill treats a Nazi saluteThe bill treats this gesture as a banned public display of Nazi ideology. as a banned public display, not just flags or other Nazi imagery.
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The ban would not apply to swastikas used for Buddhism, Hinduism or Jainism, so those faiths are not caught by the offence.
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The bill would also allow public displays for legitimate education, art, journalism, science or public-interest purposes.
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The proposed penalty would be up to 12 months in jail or a fine of 100 penalty units for the new offence.
Show source excerpts
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The Criminal Code Amendment (Prohibition of Nazi Symbols) Bill 2023 (the Bill) will prohibit a person from knowingly, in a public setting and without reasonable excuse, displaying a Nazi symbol.
Criminal Code Amendment (Prohibition of Nazi Symbols) explanatory memorandum -
New subsection 81.1(2) makes clear that the public display of a Nazi symbol includes, but is not limited to, the giving of a Nazi salute. The Nazi salute is a symbol clearly associated with the Nazi ideology, and has no place in Australian public life.
Criminal Code Amendment (Prohibition of Nazi Symbols) explanatory memorandum -
The Bill will include exceptions for anyone displaying a swastika in connection with Buddhism, Hinduism, or Jainism. It will also include exceptions where:
Criminal Code Amendment (Prohibition of Nazi Symbols) explanatory memorandum -
The Bill includes several exceptions, to ensure that the legislation does not unintentionally criminalise actions that are unrelated to the promotion of Nazi ideology. First, the prohibition will not apply to anyone who is displaying a swastika in connection with Buddhism, Hinduism, or Jainism. Second, the prohibition will not apply if the display of a Nazi symbol is reasonable, in good faith, and for a legitimate scientific, educational, artistic, journalistic, or public interest purpose.
Criminal Code Amendment (Prohibition of Nazi Symbols) explanatory memorandum -
The penalty for an offence under section 81.1 of the Criminal Code is imprisonment for 12 months or 100 penalty units ($27,500 as at March 2023). These penalties are broadly consistent with penalties imposed under similar legislation in New South Wales.
Criminal Code Amendment (Prohibition of Nazi Symbols) explanatory memorandum
Context
Broader context for this bill
By 2022, New South Wales and Victoria had already outlawed Nazi symbols at state level, but recent public displays of Nazi symbols, including on the steps of a state parliament, and ASIOAustralia's domestic security agency; here it is cited as warning that Nazi symbols were being used for extremist recruitment. warnings about extremist recruitment showed the gap in CommonwealthThis means the federal Australian government and its laws, not state law. law. The bill responded by proposing a federal offence for publicly displaying Nazi symbols or giving a Nazi saluteThe bill treats this gesture as a banned public display of Nazi ideology., with carve-outs for religion and legitimate public-interest uses, before the wider push shifted to government-backed legislation later in 2023 and this private member's billA bill introduced by an MP or senator rather than by the government. dropped from the Notice PaperThe list of business still waiting to be dealt with in Parliament; if a bill drops off it, that proposal is effectively no longer moving..
- 2022
States begin banning Nazi symbols
New South Wales and Victoria enacted offences for publicly displaying Nazi symbols, showing state governments were moving before any CommonwealthThis means the federal Australian government and its laws, not state law. ban existed.
Hansard ↗ - 22 Mar 2023
Opposition push puts a federal ban on the agenda
The Australian Financial Review reported the government was open to a federal ban after the opposition moved to introduce a private member's billA bill introduced by an MP or senator rather than by the government..
Australian Financial Review ↗ - 22 May 2023
ASIOAustralia's domestic security agency; here it is cited as warning that Nazi symbols were being used for extremist recruitment. warning is cited to justify earlier intervention
In the second reading speech, supporters said ASIOAustralia's domestic security agency; here it is cited as warning that Nazi symbols were being used for extremist recruitment. had warned Nazi symbols were used in extremist recruitment and intimidation, so a display offence could help law enforcement intervene sooner.
Second reading speech ↗ - 22 May 2023
Bill is introduced with a federal offence for Nazi symbols and salutes
The bill was introduced to create a CommonwealthThis means the federal Australian government and its laws, not state law. offence for knowingly displaying a Nazi symbolOn this page, this covers Nazi imagery and related signs the bill would ban in public, including the salute. in public, including giving a Nazi saluteThe bill treats this gesture as a banned public display of Nazi ideology., while exempting religious and other legitimate uses.
Parliamentary timeline ↗ - 07 June 2023
Government-backed broader ban is flagged
The Australian Financial Review reported the government was preparing wider counterterrorism changes to ban the public display and sale of Nazi symbols nationally.
Australian Financial Review ↗ - 28 Nov 2023
Private member's billA bill introduced by an MP or senator rather than by the government. drops from the Notice PaperThe list of business still waiting to be dealt with in Parliament; if a bill drops off it, that proposal is effectively no longer moving.
The bill was removed from the Notice PaperThe list of business still waiting to be dealt with in Parliament; if a bill drops off it, that proposal is effectively no longer moving., marking the end of this proposal's parliamentary run as the policy debate had shifted to other legislative vehicles.
Parliamentary timeline ↗ - 2023
Nazi symbols are displayed on the steps of a state parliament
The explanatory memorandum says recent displays like this underscored the case for a national law making clear such symbols had no place in Australian public life.
Criminal Code Amendment (Prohibition of Nazi Symbols) explanatory memorandum ↗
Legislative route
How did it move through Parliament?
House Senate
Introduced 22 May 2023
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
Second reading opened 22 May 2023
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Removed from the Notice PaperThe list of business still waiting to be dealt with in Parliament; if a bill drops off it, that proposal is effectively no longer moving. in accordance with (SO 42) 28 Nov 2023
The bill reached this recorded parliamentary step.
Key criticism
The main case against this bill
The main reservation was that a federal ban on Nazi symbols could raise free speech and drafting concerns if it swept in legitimate expression or unclear uses, rather than just neo-Nazi propaganda. in publicly available sources here, that concern appears only in passing and was not pressed into a substantial public campaign against the bill, with no party represented in the debate opposing it.
No significant public case against the bill is recorded so far.
Votes
Recorded votes
No recorded votes were found before this bill stopped proceeding.
Parliamentary debate
Who spoke, and what they said
Start here — lead voices
All speeches by bloc
Coalition
1 speaker · 1 support
Coalition
1 speaker · 1 support
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Julian Leeser ★ Leeser supports the bill and says it will help keep Australians safe by banning Nazi symbols and actions, with sensible carve-outs for education, journalism and other public-interest uses.
“That is what this bill is all about. and I commend the bill to this House.”
Read the full speech in Hansard ↗
Record
Full record
- Status
- Not Proceeding -- Collected from the APH bill page.
- Originating house
- House of Representatives
- 22 May 2023
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
- 22 May 2023
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
- 28 Nov 2023
House · Removed from the Notice Paper in accordance with (SO 42)
Removed from the Notice PaperThe list of business still waiting to be dealt with in Parliament; if a bill drops off it, that proposal is effectively no longer moving. in accordance with (SO 42)
The bill reached this recorded parliamentary step.