❓ This Question on Notice from Mr. Shane Love to the Attorney General seeks detailed statistics on prosecutions and convictions under the Criminal Code Amendment (Prohibition on Display of Nazi Symbols or Gesture) Act 2024, including offence types, sentencing outcomes, pending cases, and the average age of convicted individuals.
AnsweredQoN 2140Legislative Assembly
QuestionView source ↗
I refer to the Criminal Code Amendment (Prohibition on Display of Nazi Symbols or Gesture) Act 2024, and ask:(a) Since commencement, how many prosecutions have resulted in conviction under the Act:(i) Disaggregate by the type of offence; Display of Nazi Symbol, Gesture of Nazi Symbol or both;(b) For the prosecutions that resulted in a conviction, how many resulted in:(i) Custodial sentence;(ii) Suspended sentence;(iii) Community-based order; and(iv) Fine;(c) Since the Act came into force, how many prosecutions commenced by the Office of Director of Public Prosecutions are currently before the courts and awaiting finalisation; and(d) Outline the average age of people prosecuted resulting in conviction under this Act?
I refer to the Criminal Code Amendment (Prohibition on Display of Nazi Symbols or Gesture) Act 2024, and ask:
(a) Since commencement, how many prosecutions have resulted in conviction under the Act:
(i) Disaggregate by the type of offence; Display of Nazi Symbol, Gesture of Nazi Symbol or both;
(b) For the prosecutions that resulted in a conviction, how many resulted in:
(i) Custodial sentence;
(ii) Suspended sentence;
(iii) Community-based order; and
(iv) Fine;
(c) Since the Act came into force, how many prosecutions commenced by the Office of Director of Public Prosecutions are currently before the courts and awaiting finalisation; and
(d) Outline the average age of people prosecuted resulting in conviction under this Act?
I refer to the Criminal Code Amendment (Prohibition on Display of Nazi Symbols or Gesture) Act 2024, and ask:
(a) Since commencement, how many prosecutions have resulted in conviction under the Act:
(i) Disaggregate by the type of offence; Display of Nazi Symbol, Gesture of Nazi Symbol or both;
(b) For the prosecutions that resulted in a conviction, how many resulted in:
(i) Custodial sentence;
(ii) Suspended sentence;
(iii) Community-based order; and
(iv) Fine;
(c) Since the Act came into force, how many prosecutions commenced by the Office of Director of Public Prosecutions are currently before the courts and awaiting finalisation; and
(d) Outline the average age of people prosecuted resulting in conviction under this Act?
AnswerView source ↗
Answered
9 June 2026
Responded by
Hon Dr Tony Buti
Response time
9 days
(a) (i):
Section
Description of offence
Number of convictions
80O
Display Nazi symbol
6
80P
Make Nazi gesture
2
80Q
Apply Nazi symbol to property
3
(b) Please see below for a penalty breakdown of convictions in (a):
(i) 0
(ii) 1
(iii) 2
(iv) 8
(c)
Zero. However, as at 8 May 2026, there are 13 charges before the Magistrates Court pending finalisation. All charges commenced, including pending charges, were conducted by the Western Australia Police Force.
(d) 38 years.
Section
Description of offence
Number of convictions
80O
Display Nazi symbol
6
80P
Make Nazi gesture
2
80Q
Apply Nazi symbol to property
3
(b) Please see below for a penalty breakdown of convictions in (a):
(i) 0
(ii) 1
(iii) 2
(iv) 8
(c)
Zero. However, as at 8 May 2026, there are 13 charges before the Magistrates Court pending finalisation. All charges commenced, including pending charges, were conducted by the Western Australia Police Force.
(d) 38 years.
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