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AAP
AAP
National
Rachael Ward

First person charged under new law banning Nazi salute

A 24-year-old man is accused of performing an outlawed gesture outside a Melbourne court. (Joel Carrett/AAP PHOTOS)

A Melbourne man has been charged under a new Victorian law banning Nazi salutes and symbols.

The 24-year-old North Melbourne man is accused of performing the outlawed gesture outside a Melbourne court on October 27.

He was charged on Friday, about a week since he was first interviewed by police.

It's the first time anyone has been charged under the law stopping the public display or performance of the Nazi symbol or gestures, which came into force late last month.

The man will face the Melbourne Magistrates' Court on December 8.

The law was triggered by neo-Nazis performing the salute outside Victorian parliament earlier this year. 

It applies to anything closely resembling a Nazi gesture or symbol but exceptions apply if either are displayed in good faith for a genuine academic, artistic, educational or scientific purpose. 

Traders displaying historical memorabilia in public need to cover any Nazi symbols or gestures.

Those who break the law face fines of more than $23,000 or 12 months in prison.

The federal government has proposed a ban on the display and sale of Nazi symbol items but it does not cover salutes as that falls under the jurisdiction of the states and territories.

Tasmania became the first Australian jurisdiction to pass a ban on the Nazi salute earlier this year.

NSW and ACT have banned the public display of Nazi symbols and in January the West Australian government announced plans to follow suit.

Queensland recently passed a law banning hate symbols, including those related to Nazis.

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