Nazi salute, symbols outlawed in Australian first
Tasmania has become the first jurisdiction to ban the Nazi salute, with penalties of up to three months in jail on the cards for first-time offenders.
The laws, which also prohibit the display of Nazi symbols, have just passed the state’s upper house and are expected to come into effect later this year.
“We strongly condemn any display of hate in our community,” Attorney-General Elise Archer said on Wednesday.
“This (law change) is the first of its kind in Australia and will contribute to the creation of a safer and more inclusive Tasmania.”
The federal government is moving to ban Nazi symbols, with a proposal introduced to parliament in June. But it doesn’t cover the salute.
Victoria is among several states to have banned Nazi symbols and has flagged plans to also outlaw the salute.
Under the law changes in Tasmania, it is an offence to perform a Nazi gesture if a person knows, or ought to know, it is a Nazi gesture.
There is a defence if a person proves the gesture was reasonable and performed in good faith for a genuine academic, artistic, religious, scientific, cultural, educational, legal or law enforcement purpose.
Ms Archer said the law change acknowledged the importance of the swastika to the Buddhist, Hindu and Jain religious communities.
“(It) clearly states that the display of a swastika in this context is not an offence,” she said.
“The bill also acknowledges other legitimate public purposes for display, including other religious, cultural, academic and educational purposes.”
Mr Archer said police would undergo education and training on the new offences, including on the cultural significance of the swastika.
First offenders face a $3900 fine or three months jail, with maximum penalties doubling for further offences within six months.
President of the Hobart Hebrew Congregation Jeff Schneider, told J-Wire: “In these times of rising antisemitism and extremism, we appreciate the Tasmanian Government passing this important legislation. We give special thanks to Attorney General Archer for collaborating with the Jewish community while crafting this bill, and the invaluable support we received from the ECAJ.
A couple years ago, a resident in a regional area of Tasmania rang the congregation, stating his dismay about a neighbour displaying a Nazi flag. He was very frustrated that the police or government were powerless to take any action. We are glad that this is no longer the case.”
Peter Wertheim, co-CEO of The Executive Council of Australian Jewry, commented: “This legislation is a great credit to the Tasmanian government and parliament. It was a privilege for the ECAJ to work with our Tasmanian constituent, the Hobart Hebrew Congregation, in meetings with the Attorney General’s office, to help achieve this outcome.
Any banning legislation that is introduced needs to proscribe the symbols and emblems that are presently and most frequently being used by neo-Nazi groups in Australia, both for the promotion of hatred and violence and for recruitment, in addition to the traditional Nazi symbols. The legislation also needs to be flexible enough to accommodate the constant evolution of new hate symbols by neo-Nazi groups.
In our view, the optimum approach to defining a Nazi symbol is that which has been adopted in the Tasmanian Bill, because it provides both a reasonable certainty of meaning, and the flexibility to allow the courts to determine the relevant facts in any given case, and to apply the offences to symbols associated with Nazi ideology and any new symbols that neo-Nazi groups might develop.
Nazi gestures also need to be proscribed. Above all, this needs to be backed up with effective police powers and penalties. The new Tasmanian legislation achieves all of this, and sets an example for other jurisdictions.
We remain concerned by the sunset provision in the new law, but feel confident that the Tasmanian government will renew the legislation until the scourge of neo-Nazi activity is eradicated.”
AAP/J-Wire
