In October Hersant, 24, became the first person charged under state laws that banned Victorians from performing or displaying Nazi symbols and gestures in public.
The federal government has since implemented similar legislation, banning the display of Nazi symbols such as the swastika and the Sieg Heil salute on a national level.
Hersant is charged with intentionally performing the Nazi salute outside the Melbourne County Court about six days after the state laws came into effect.
He was leaving the court after being sentenced to time served for assaulting a group of bushwalkers.
He represented himself at Melbourne Magistrates Court on Tuesday, where he asked for the hearing to be adjourned to give him time to again apply for legal aid funding to get a lawyer.
"They've refused me, but I'm trying to get a review of that," he told the court.
Magistrate Peter Reardon asked prosecutors what the penalty would be, if Hersant was to plead guilty or be found guilty of the new offence.
The prosecutor said they were pushing for Hersant to be jailed, flagging the maximum penalty was one year in prison.
"Ultimately the custodial sentence is within range, it is available, and ultimately that is the submission of the prosecution," she said.
Mr Reardon agreed to adjourn the matter for two weeks and advised Hersant to obtain legal representation.
Outside court, Hersant told reporters he was knocked back from legal aid funding because "they didn't think there was a chance" he would be jailed for the offence.
"But the prosecutor made it clear there was a chance of imprisonment, so I presume I will get legal aid now," he said.
Hersant will next face court on February 2.
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