Two Men Among First Charged Under Australia’s Tougher Hate Crime Laws

If convicted, they face up to one year in prison and an $11,000 fine.
Two Men Among First Charged Under Australia’s Tougher Hate Crime Laws
Pro-Palestine supporters march towards Flinders Street Station during an organised protest in commemoration of the anniversary of the war on Gaza in Melbourne, Australia on Oct. 6, 2024. Diego Fedele/Getty Images
Naziya Alvi Rahman
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Two men could face jail time after allegedly waving a Nazi flag inside a Darlinghurst pub, just metres from Sydney’s Jewish Museum.

The pair, aged 44 and 51, were arrested on the afternoon of Feb. 7 after police were called to the venue.

Officers seized the flag and several electronic devices before taking the men into custody.

This comes hours after the federal parliament passed hate crime laws that carry a mandatory one-year jail term for displaying Nazi or terrorist symbols.

The men have been charged under New South Wales laws prohibiting the public display of Nazi symbols without a reasonable excuse.

They were refused bail and are set to appear in court on Feb. 7. If convicted, they face up to one year in prison and an $11,000 fine.

In a related incident on Feb. 6, a Melbourne man, 34, was summoned to court for allegedly waving a Hizballah flag during a protest in the CBD last year.

The AFP’s Special Operation Avalite issued the notice under laws banning public displays of terrorist symbols.

He is due in Melbourne Magistrates’ Court on March 19 and faces up to 12 months in prison if convicted.

Crackdown on Anti-Semitism Intensifies

With a surge in a number of cases of anti-Semitism, both state and federal levels have introduced tougher penalties to combat rising hate crimes.

On Feb. 6, NSW announced new laws criminalising the incitement of racial hatred, with offenders facing up to two years in prison.

The laws also introduce harsher penalties for those displaying Nazi symbols near places of worship, particularly synagogues.

Federal Laws Introduce Mandatory Jail Terms

The Australian Parliament passed its own sweeping reforms on the same day, introducing mandatory minimum sentences for hate crimes.

Under the new federal laws, displaying Nazi or terrorist symbols will result in at least one year in prison.

The legislation also criminalises threats of violence based on race, religion, gender identity, sexual orientation, disability, or political beliefs.

The federal changes, which received rare bipartisan support, mark a significant shift in hate crime enforcement. While some civil liberty groups have criticised the mandatory sentencing provisions, lawmakers argue they are necessary to deter offenders.

Prime Minister Anthony Albanese defended the crackdown, emphasising his government’s commitment to stamping out anti-Semitic threats.

“We want people who are engaged in anti-Semitic activities to be caught, charged, and jailed—that’s my priority,” he said.

With state and federal authorities tightening legal measures, attention now turns to enforcement.

The arrests in Darlinghurst could be an early test of the strengthened laws as courts determine how strictly they will be applied.

Naziya Alvi Rahman
Naziya Alvi Rahman
Author
Naziya Alvi Rahman is a Canberra-based journalist who covers political issues in Australia. She can be reached at [email protected].