Moody made the right decision. While I haven’t read the legislation itself, I assume the purpose of it is to penalise (specific forms of) Nazi symbols for its threatening nature and to mitigate propagandising. This sign is obviously criticising the Nazi regime and making a negative comparison with the Zionist regime. The Nazi swastika symbol was clearly not being used to signal support of their offensive political ideology.
This abuse of the legislation in arresting Yazbek makes me wonder if it would outlaw some well-known antifascism symbols, like the swastika being tossed in a garbage bin or one behind a 🚫 . I wouldn’t surprised to see them come out in protest of the Nazi scum meeting in Rowville this Friday.
What does the ‘without excuse’ bit mean?
The legislation contains an exemption if you have a ‘reasonable excuse’, and it lists some examples without restricting it to those. So I think the judge has fairly wide latitude.
Legislation: https://www.parliament.nsw.gov.au/bills/Pages/bill-details.aspx?pk=3987
93ZA Offence of displaying Nazi symbols
(1) A person who knowingly displays, by public act and without reasonable excuse, a Nazi symbol commits an offence. Maximum penalty—
(a) for an individual—100 penalty units or imprisonment for 12 months, or both, or
(b) for a corporation—500 penalty units.
(2) For subsection (1), the display of a swastika in connection with Buddhism, Hinduism or Jainism does not constitute the display of a Nazi symbol.
(3) Also, without limiting subsection (1), a reasonable excuse includes the display of a Nazi symbol done reasonably and in good faith—
(a) for an academic, artistic or educational purpose, or
(b) for another purpose in the public interest.
(4) In this section— public act has the same meaning as in section 93Z.
Thanks 🙏
