Displaying Nazi symbols and trading in them to be criminalised

June 8, 2023 by J-Wire Newsdesk
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The Albanese Government plans to introduce a new law aimed at criminalising the public display of Nazi symbols such as the Hakenkreuz and the Schutzstaffel (SS) insignia, as well as banning the trade of these items.

Attorney General Mark Dreyfus

The Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill will clearly establish that Australia will not tolerate those who seek to profit from or promote hatred through these symbols.

Attorney-General Mark Dreyfus said: “There is no place in Australia for symbols that glorify the horrors of the Holocaust.

And we will no longer allow people to profit from the display and sale of items which celebrate the Nazis and their evil ideology.”

Australia unequivocally rejects any glorification of the Holocaust’s horrors, and henceforth, individuals will no longer be permitted to profit from or publicly display items that celebrate the Nazis and their abhorrent ideology. The ban encompasses a range of items, including flags, armbands, t-shirts, insignia, and online publications that promote Nazi ideology.

However, the legislation will explicitly exempt public displays of the Nazi symbols for religious, academic, educational, artistic, literary, journalistic, or scientific purposes. This exemption ensures that legitimate uses of these symbols in contexts such as religious practices, academic research, or artistic expression are not affected. Extensive consultations with Hindu, Buddhist, and Jain communities have taken place to ensure that the ban does not infringe upon the spiritual significance of the swastika within these religions.

The Albanese Government has dedicated significant time and effort to crafting this bill responsibly. It has been developed through careful consideration and consultation with law enforcement agencies and those affected by this form of hatred. Collaborative efforts are underway with state and territory governments and their law enforcement agencies to ensure the effectiveness of these laws in safeguarding communities and complementing existing initiatives against hatred.

The Albanese Government seeks to send a resolute message to those who propagate hatred, violence, and anti-Semitism that their actions are reprehensible and will not be tolerated. By implementing this legislation, Australia aims to create a society where symbols associated with Nazi ideology hold no place, thereby fostering a culture of inclusivity and respect.

The ECAJ’s co-CEO, Peter Wertheim, expressed appreciation for the government’s implementation of recommendations made by the ECAJ regarding the display of Nazi symbols. The proposed legislation includes a ban on trading items featuring certain Nazi symbols and granting the police authority to issue directives for removing Nazi symbols from public display.

He said: “This legislation will implement recommendations made by the ECAJ to the recent parliamentary Inquiry into the display of Nazi symbols. We appreciate the government moving on this issue, and heeding the voice of our community.”

However, the ECAJ has expressed concern that the prohibition may only cover specific symbols like the Hakenkreuz and Schutzstaffel, allowing neo-Nazi groups to circumvent the law by using other well-known symbols like the Totenkopf and sonnenrad.

They have urged the government to periodically review the legislation and consider extending the prohibitions to other Nazi symbols.

Additionally, the ECAJ highlighted the absence of prohibitions on Nazi gestures, suggesting the need for State and Territory legislation to address this gap.

Josh Burns, Federal Labor Member for Macnamara, commented: “The recent neo-Nazi rallies in Melbourne have resulted in governments working together to strengthen our legislative protections against Nazi hate and glorification.

There’s no place in Australian society for bigotry. There’s no place for antisemitism. There’s no place for Nazis.

I commend the Attorney-General for adding laws to combat neo-Nazi hate where the federal government has jurisdiction.”

AIJAC Executive Director Dr Colin Rubenstein commended the proposed legislation aimed at banning Nazi symbols in Australia.

He emphasised that such symbols are universally recognised as symbols of hate and genocide, and their use aims to frighten, intimidate, and harm targeted individuals or groups.

Dr Rubenstein highlighted the importance of sending a clear message to the Australian community that promoting an ideology characterised by racism, industrialised genocide, and mass murder will not be tolerated.

He expressed concern about the rising global antisemitism and its encroachment into mainstream discourse, citing public displays by Neo-Nazi groups in Australian cities.

AIJAC Director of Community and International Affairs  Jeremy Jones also supported the legislation, stating that right-wing extremists require clear deterrents for their harmful behaviour. He praised the proposed laws for addressing online displays, banning the traffic of Nazi memorabilia, and granting police the power to order the immediate removal of Nazi symbols. Both directors expressed gratitude to the government and the Opposition for their efforts in advancing the bill and hoped for bipartisan support to enact it promptly

The the Zionist Federation of Australia President Jeremy Leibler said, “The Hakenkreuz is a universal symbol of murder and hatred, and it’s used by extremist organisations to intimidate minorities and recruit members. Violent right-wing extremism is rising in Australia. Banning the symbol sends the message that Australia rejects this hatred, and will help prevent the growth of extremist organisations and future violence.”

Independent federal MP Allegra Spender tweeted: “There is absolutely no place in Australia for symbols that glorify Nazi ideology and the horrors of the Holocaust. Congratulations to the govt on this step towards combating hatred and anti-Semitism in our society. We still have more to do in combating the underworld of extremism.”

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