Bill to ban Nazi symbols in NSW passes Lower House
The NSW Government’s bill to criminalise knowingly displaying a Nazi symbol in public without a reasonable excuse has passed the Lower House unanimously.
Announcing the passing of the bill Liberal State MP Gabrielle Upton said, “This bill is a clear statement from the NSW Government on behalf of the community that the display of Nazi symbols, and the hatred and bigotry they invoke and inspire, has absolutely no place in our community.
I was pleased to introduce this Bill in Parliament on behalf of the Government and for the benefit of the Jewish community in my Electorate and across NSW.”
Attorney General Mark Speakman said the proposed amendment to the Crimes Act 1900, introduced by the NSW Government, will provide important, additional safeguards against hate speech and vilification in NSW.
He said: “The display of a Nazi symbol undermines our shared values and causes harm and distress to others in the community, including those from the Jewish faith. This distress is also felt keenly by groups targeted by the Nazis, including people with disabilities and members of the LGBTQIA+ community, and by veterans who risked their lives in service for our country.
Gabrielle Upton
This bill recognises that the public display of Nazi symbols is abhorrent, except in very limited circumstances such as for educational purposes, and causes profound offence and distress.
Under the bill, it will not be an offence to publicly display a Nazi symbol where there is a reasonable excuse, including artistic, academic or educational purposes or any other purpose in the public interest.”
The maximum penalty for the new offence will be 12 months’ imprisonment or a $11,000 fine or both for an individual; or a fine of $55,000 for a corporation.
NSW Minister for Multiculturalism Mark Coure said this Bill reaffirms the NSW Government’s position that hate has no place in our tolerant multicultural society.
“This bill also serves another important purpose—to protect those that use a Swastika for religious and spiritual reasons including Buddhists, Hindus and Jains,” Mr Coure said.
“It clearly states that the displaying of a swastika in connection with these spiritualties will not be deemed a Nazi symbol.
The NSW Jewish Board of Deputies presented joint evidence with the Hindu Council of Australia to a February parliamentary inquiry and has been at the forefront of calls to ban the Nazi swastika across NSW.
NSW Jewish Board of Deputies CEO Darren Bark said, “This legislation can’t come soon enough. Just last month we saw neo-Nazi stickers plastered on a postbox in Redfern. We receive antisemitic incident reports on a weekly basis. This is unacceptable and the perpetrators must be held to account.
Nazi symbols are a threat to the entire NSW community and have no place in our tolerant, multicultural society.
We look forward to the Upper House passing the legislation and for Nazi symbols to be banned across our state.”
The Crimes Amendment (Prohibition on Display of Nazi Symbols) Bill 2022 will now be considered by the Legislative Council of the NSW Parliament.
