Victoria latest Australian state to ban Nazi salute

October 18, 2023 by AAP
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Victoria will become the latest Australian jurisdiction to ban the Nazi salute after a series of high-profile anti-Semitic incidents.

Image: AAP

Legislation making it illegal to intentionally display or perform a Nazi gesture or symbol in public passed Victorian parliament on Tuesday night.

The ban, triggered by neo-Nazis performing the salute outside Victorian parliament in March, also covers anything closely resembling a Nazi gesture or symbol.

Those who break the law face fines of more than $23,000 or 12 months in prison.

Police will have the power to direct a person to remove a Nazi symbol or gesture from public display, as well as make arrests and lay charges.

Officers will also be able to apply for search warrants to seize property displaying a Nazi symbol or Nazi gesture.

Premier Jacinta Allan said the ban would give police an extra tool to stamp out hateful behaviour towards the Jewish community.

“This sort of hateful anti-Semitic behaviour has absolutely no place in Victoria,” she told reporters at parliament on Wednesday.

It comes after a group of men dressed in black were seen performing Nazi salutes at train stations in Melbourne’s CBD at the weekend.

Three men were charged on Friday after allegedly performing the Nazi salute outside the Sydney Jewish Museum.

They have been charged with behaving in an offensive manner in a public place and knowingly displaying a Nazi symbol without excuse.

The changes will come into effect in Victoria before the weekend.

“It was scheduled to receive royal assent on Tuesday,” Attorney-General Jaclyn Symes said.

“However, we’ve worked with the governor to secure her agreement to fast-track this and it will be completed this week.”

It is already an offence to display the Nazi swastika in Victoria.

Libertarian MP David Limbrick was one of only two upper house MPs to vote against the ban, declaring it counterproductive.

“This is just an arms race that the government can’t win,” he said.

“Already we’ve seen this groups have switched the symbols that they use.”

Exceptions to the incoming ban will apply if the performance or display of a Nazi symbol or gesture is done in good faith for a genuine academic, artistic, educational or scientific purpose.

While the offence will not prohibit the trade or sale of historical memorabilia, traders will need to cover any Nazi symbols or gestures on items that are publicly displayed.

Anti-Defamation Commission chairman Dvir Abramovich declared the ban a thunderous victory and said he found it hard not to break down into tears.

“This bill delivers a blow to those inflamed with vicious anti-Semitism who have weaponised this evil gesture as a rallying cry to terrorise the community” he said.

Last year NSW banned the display of Nazi symbols and earlier this year, Tasmania also passed laws banning the Nazi salute.

The Jewish Community Council of Victoria president, Daniel Aghion, posted on Facebook: “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. We expect these laws to receive Royal Assent next week. The next step we want to see is Victoria Police using these new laws to send a strong message that there is no place for Nazi supporters in Melbourne.

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.”

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