This bill did not become law and is no longer proceeding.
Law, justice & rights
People would commit a federal offence if they knowingly display a Nazi symbol in public in Australia without a reasonable excuseA built-in defence that lets a person avoid liability if the display happened for a legitimate reason rather than to promote Nazi ideology..
Recent public displays of Nazi symbols, including on the steps of a State Parliament, exposed the need for a CommonwealthThe federal government and its laws, which this bill would use to create a national offence rather than leaving the issue only to states. ban. The bill creates a federal offence for knowingly displaying Nazi symbols in public, while exempting religious and legitimate educational, artistic, journalistic and public-interest uses.
Before this bill, New South Wales and Victoria had already moved against Nazi symbols but there was no matching CommonwealthThe federal government and its laws, which this bill would use to create a national offence rather than leaving the issue only to states. offence, and a March 2023 neo-Nazi rally featuring salutes on the steps of Victoria's Parliament highlighted the gap. Senator Cash's bill responded by proposing a federal ban with carve-outs for religion and legitimate public-interest uses; the Albanese government then pursued a broader 2023 counter-terrorism law creating federal prohibited-symbol and Nazi-salute offences, while this bill later lapsed in July 2025.
No significant public case against the bill is recorded so far, beyond the usual need to draw the line carefully so banned Nazi symbols are not confused with religious or legitimate public-interest uses. in publicly available sources here, parliamentary comment was supportive and no party represented in the debate is shown arguing against the bill itself.
Senator Michaelia Cash introduced this bill. Speeches supporting it came from Liberal Party.
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
851 days
From introduction to the final recorded step before the bill stopped proceeding
Meaning
People would commit a federal offence if they knowingly display a Nazi symbol in public in Australia without a reasonable excuseA built-in defence that lets a person avoid liability if the display happened for a legitimate reason rather than to promote Nazi ideology..
The bill would treat a Nazi saluteThe arm gesture treated on this page as a banned Nazi symbol, not just as a form of speech or protest. as a banned public Nazi symbol, not just flags or badges.
People could face up to 12 months in prison or a fine of 100 penalty units for breaking the proposed ban.
The bill would not ban swastikas used in Buddhism, Hinduism or Jainism, so those religious displays would stay lawful.
The bill would leave room for education, art, journalism and other public-interest uses, so museums, films and professional news reporting would not be caught.
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
10. 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
9. The penalty for an offence under section 81.1 of the Criminal Code Act 1995 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
14. Subsection 81.1(4) makes clear that religious symbols that are sometimes confused with Nazi symbols are not captured by the prohibition. In particular, the display of a swastika in connection with Buddhism, Hinduism or Jainism does not constitute the display of a Nazi symbol.Criminal Code Amendment (Prohibition of Nazi Symbols) explanatory memorandum
Third, subsection 81.1(1) will not apply to a display is part of a communication made for the purposes of, or in the course of, a person’s work in a professional capacity as a journalist. This carve-out is intended to ensure that journalism is not affected by the prohibition. For example, the work of a journalist covering the conduct of a Nazi demonstration outside a State Parliament would not be captured by the prohibition.Criminal Code Amendment (Prohibition of Nazi Symbols) explanatory memorandum
Context
Before this bill, New South Wales and Victoria had already moved against Nazi symbols but there was no matching CommonwealthThe federal government and its laws, which this bill would use to create a national offence rather than leaving the issue only to states. offence, and a March 2023 neo-Nazi rally featuring salutes on the steps of Victoria's Parliament highlighted the gap. Senator Cash's bill responded by proposing a federal ban with carve-outs for religion and legitimate public-interest uses; the Albanese government then pursued a broader 2023 counter-terrorism law creating federal prohibited-symbol and Nazi-salute offences, while this bill later lapsed in July 2025.
Federal law creates prohibited Nazi symbol and Nazi saluteThe arm gesture treated on this page as a banned Nazi symbol, not just as a form of speech or protest. offences
The Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Act 2023 inserted CommonwealthThe federal government and its laws, which this bill would use to create a national offence rather than leaving the issue only to states. offences covering prohibited Nazi symbols and the Nazi saluteThe arm gesture treated on this page as a banned Nazi symbol, not just as a form of speech or protest..
Australian Taxation Office ↗Neo-Nazi rally at Victoria's Parliament sharpens calls for a federal ban
A rally featuring Nazi salutes on the steps of the Victorian Parliament pushed the issue into federal politics and prompted fresh demands for national laws.
Australian Financial Review ↗Senator Cash introduces a bill to ban public Nazi symbols
The private senator's bill proposed a federal offence for knowingly displaying Nazi symbols in public, including the Nazi saluteThe arm gesture treated on this page as a banned Nazi symbol, not just as a form of speech or protest., with exceptions for religion, journalism, education and art.
Australian Parliament House ↗Government backs a broader federal ban through counter-terror laws
The government moved toward criminal offences for displaying and selling Nazi symbols through a wider counter-terror package rather than this stand-alone opposition bill.
Australian Financial Review ↗The original private bill lapses at the end of Parliament
After the government legislated through a different vehicle, this bill's own parliamentary path ended when it lapsed at the close of the Parliament.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Referred to Committee (27/03/2023): Senate Legal and Constitutional Affairs Legislation Committee; Committee report (18/05/2023)
Referred to committee
APH bill page notesThe bill reached this recorded parliamentary step.
Key criticism
No significant public case against the bill is recorded so far, beyond the usual need to draw the line carefully so banned Nazi symbols are not confused with religious or legitimate public-interest uses. in publicly available sources here, parliamentary comment was supportive and no party represented in the debate is shown arguing against the bill itself.
Recorded concern was limited mainly to careful drafting and exemptions, not opposition to the policy goal.
Votes
No recorded votes were found before this bill stopped proceeding.
Parliamentary debate
Start here — lead voices
Michaelia Cash strongly supports the bill and urges the Senate to pass it because she says Nazi symbols have no place in Australian public life and the measure is a proportionate response to extremist glorification.
Read in Hansard ↗All speeches by bloc
1 speaker · 1 support
“In the wake of what we saw on the streets of Melbourne last weekend I urge all in the Chamber to support this Bill. It is the right time to send a clear message that this sort of behaviour is unacceptable in our great Nation.”Read the full speech in Hansard ↗
Record
Senate · 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.
Senate · 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.
Senate · Lapsed at end of Parliament
Lapsed at end of Parliament
The bill reached this recorded parliamentary step.
Senate Legal and Constitutional Affairs Legislation Committee; Committee report (18/05/2023)
Referred to committee
Referred to Committee (27 Mar 2023): Senate Legal and Constitutional Affairs Legislation Committee; Committee report (18 May 2023)
APH bill page notes