Australians in the state of Victoria will now be subject to a law banning the “Nazi salute,” after legislation was fast-tracked through Parliament.
Major fines of up to $23,000 (US$14,500) or jail time may apply to anyone caught publicly displaying a Nazi symbol or performing a Nazi gesture.
Labor and Liberal in Victoria supported the legislation in Parliament, but there was some minor party dissent. The law received royal assent on Friday and applies from Oct. 21.
“I wish making these new laws wasn’t necessary, but we'll always do what we need to do to tackle hatred, antisemitism, and racism.”
Liberal Member for Northern Metropolitan Region, Evan Mulholland, voted in favour of the bill but also highlighted some concerns.
“We do have a concern with the definition of ‘Nazi symbol’ being too wide because it includes not only the Hakenkreuz but any other symbol used by the Nazi party,” Mr. Mulholland told Parliament.
“On the face of it, that would include any symbol used at all, whether or not it was specifically used by the Nazi party. We are concerned that the definition undermines the intent of the bill, which is designed to ban the display of symbols specifically associated with the Nazi party.”
David Limbrick from the Libertarian Party and Rikkie-Lee Tyrrell from One Nation opposed the legislation.
Speaking in Parliament, Mr. Limbrick said, “History rarely sides with the censors.”
“This bill, the way it’s come before this Parliament as a knee-jerk response, I think is ill-considered, counter-productive, and frankly dangerous,” Mr. Limbrick said.
“On another note, there is a very, very clear tendency, primarily amongst the left, to smear anyone that disagrees with them as a Nazi, and this includes the government itself. I can name a few instances of this.
How Does the Legislation Work?
The law amends the Summary Offences Act 1966 to make “the public display or performance of Nazi gestures” an offence, as well as broadening “the application of the offence of public display of Nazi symbols.”The Nazi Party refers to the National Socialist German Workers Party.
An individual is not able to intentionally perform a Nazi gesture in a public place, non-government school or a post-secondary education institution.
Exemptions apply if the Nazi gesture was displayed or performed “for genuine academic, artistic, educational or scientific purpose.” This could include performing the Nazi salute at the theatre or a teacher showing a film for a history class.
The introduction of this legislation follows a neo-Nazi demonstration in Melbourne at Flinders Street Station amid the Israel-Hamas conflict in the Middle East.
Speaking to media on Saturday, deputy police commissioner Neil Paterson drew a link to these protests and how the law will apply in the future, stating “I am putting people on notice.”
“If any member of public, including the National Socialist Network attends any of those rallies and undertake a Nazi salute then police will be pursuing those individuals to ensure that we enforce the new law … hold them to account, charge them and bring them before a court of law,” he said.
“In the wake of offensive recent displays by neo-Nazis in Melbourne, we are pleased the Victorian Parliament has quickly passed these new laws banning Nazi salutes and additional Nazi symbols,” Mr. Aghion said.
“We cannot tolerate a repeat of last weekend’s parade of Nazis through Melbourne and harassment and abuse of train passengers. These laws give police even more tools to act.”
Mr. Aghion expressed that he would like to see Victorian police applying the laws to “send a strong message that there is no place for Nazi supporters in Melbourne.”
Liberty Victoria, while recognising that the display of Nazi symbols is offensive to the Jewish community, raised some genuine concerns with the new laws.
“The Bill’s definition includes ‘any other symbol used by the Nazi Party,’ and extends to any symbol ’that it is likely to be confused with or mistaken for that symbol,'” Liberty Victoria stated.
“This is deeply problematic—people are entitled to have specificity with regard to what is, and is not, illegal (even more so given the offence is punishable by imprisonment). The reality is this will confer incredibly wide discretion on police as to whether or not to charge someone.”
