Ban on Nazi salute, symbols one step closer in Victoria

August 29, 2023 by AAP J-Wire
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A Victorian ban on the Nazi salute is one step closer with legislation to be introduced to parliament.

It’s already a criminal offence to display the Nazi swastika, but the new bill will also prevent people from intentionally displaying or performing a Nazi gesture or symbol in public.

Those who do so will face fines of more than $23,000 or 12 months in prison.

The ban will include a broad range of symbols and gestures used by the historic Nazi Party and its paramilitary organisations to ensure those who deliberately try to circumvent the ban are punished.

“Victorians have zero tolerance for the glorification of hateful ideology,” Attorney-General Jaclyn Symes said in a statement.

“We’re making sure people who use these symbols and gestures to harass, intimidate and incite hate are held accountable for their cowardly behaviour.”

Exceptions 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.

The legislation will come into effect immediately after passing parliament and receiving royal assent.

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

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

Anti-Defamation Commission chair Dvir Abramovich said the ban sends the clear message that symbols of division and hate will not be accepted in Victoria.

“The ultimate gesture of inhumanity will never find shelter here,” he said in a statement.

Zionism Victoria president Yossi Goldfarb told J-Wire: “Confronting those who both advocate and incite hate against the Jewish community and other minorities has been a laudable hallmark of our current government.”

The Victorian legislation was fast-tracked after a group of neo-Nazis crashed a Melbourne rally in March and performed the Nazi salute on the steps of parliament.

Tasmania earlier this month, became the first Australian jurisdiction to ban the Nazi salute.

The Jewish Community Council of Victoria executive member Rabbi Gabi Kaltmann and COO Naomi Levin were in the Legislative Assembly when Minister Anthony Carbines introduced the Summary Offences (Nazi Salute Prohibition) Bill 2023 .

As well as Holocaust survivors, the JCCV brought CSG, the Melbourne Holocaust Museum, Courage to Care, Jewish Care, UJEB, Progressive Judaism Victoria, B’nai B’rith Victoria, the Ark Centre and Zionism Victoria together with Government to ensure a broad range of views were heard from our community.

JCCV president Daniel Aghion said: “We have watched as a small group of local neo-Nazis have become increasingly brazen in their attempts to intimidate minority communities, including our Jewish community. Thanks to these new laws, police will have the authority to enforce a ban on the public performance of the Nazi salute and, in the event of non-compliance, impose heavy penalties.

“The JCCV welcomes the expansion of the ban on the public display of Nazi symbols in Victoria. This brings the Victorian laws closer into line with other Australian jurisdictions.”

“The JCCV and a number of our affiliate organisations have worked closely with the Victorian Government to develop these laws. This included the JCCV organising a unique roundtable with Holocaust survivors and officials from the Department of Justice and Community Safety. Those Holocaust survivors had a direct influence on the development of these laws. It was a strong statement that Nazism was defeated 80 years ago, and will never be resurrected in Victoria.”

The Australia/Israel and Jewish Affairs Council has welcomed and supports this legislation.

AIJAC expressed its gratitude to Victorian Attorney-General Jaclyn Symes and the Andrews Labor government for fast-tracking the ban on the public display of the Nazi salute in the wake of the rally in downtown Melbourne in March when thugs and miscreants made the Nazi salute to attempt to intimidate, bully and challenge the intrinsic values of our liberal democracy. They also thanked the Opposition, for pledging to support any such legislation from the Government.

AAP/J-Wire

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