Australian Federal Police to investigate at least six from pro-Hezbollah rally

The AFP have announced they have been asked to investigate at least six people waving Hezbollah flags at rallies around the country.

State police have been asked to check the visa status of anyone who comes to their attention as they investigate protests in Sydney and Melbourne where several people were holding Hezbollah flags and chanting slogans.

The Australian Federal Police on Monday confirmed they expect to receive six reports of crimes from Victoria Police and would be seeking video footage from the protests in both states.

Meanwhile Home Affairs Minister Tony Burke said the government said he has asked NSW and Victorian authorities to “check the visa status of anyone who comes to their attention”.

“I won’t hesitate to cancel the visas of visitors to our country who are spreading hate,” he said.

An AFP spokesman said they were expecting “at least six reports of crime from Victoria Police relating to protests allegedly involving prohibited symbols and chants”, that are being investigated for potentially breaching Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Act 2023.

“The AFP understands the reports of crime will be forwarded to the AFP by close of business (Monday),” he said.

“It is important to note that the AFP does not routinely attend protests as this is the primary responsibility of state and territory law enforcement agencies, who also have the ability to use Commonwealth laws to lay charges relating to these matters.

“The AFP thanks Victoria Police for providing crucial information that is being investigated by the AFP.”

The spokesman said the AFP would also be writing to major news outlets asking for the production of video footage of protests over the weekend and protests that occur in coming days.

“This footage may also assist in investigations,” he said.

“The AFP also calls on members of the public to refer any individual to the AFP who is inciting violence or wearing prohibited symbols while calling for the destruction of any group or individuals. The National Security Hotline is 1800 123 400.

“The AFP has no tolerance for individuals who break the law and will use its extensive capability and networks to take action.”

NSW Police are currently investigating protesters who displayed Hezbollah flags in Sydney on Sunday.

NSW Police assistant commissioner Peter McKenna said detectives were currently investigating protesters who had been carrying Hezbollah flags but said people carrying such flags is not an offence they would immediately arrest someone for.

“We did see some flags yesterday and we have a number of investigations open on those people,” he told 2GB.

“The people have to know they are carrying a symbol that is prohibited – generally we give them an opportunity to remove that symbol.

“Carrying a flag itself isn’t an offence we’d necessarily make arrests for at the time.

“My understanding is people were given sufficient warning to remove flags and they did comply with that but later they brought them back out … later they (police) seized those items and collected people’s information.”

Hezbollah is listed as a terrorist organisation in Australia.

Jewish groups have joined the chorus of voices calling on governments and police to take action against the displaying of Hezbollah flags at Sunday’s protest at Sydney’s Town Hall.

A protest in Sydney on Sunday where participants displayed Hezbollah flags (inset) and images of terrorist leader Hassan Nasrallah. Pictures: AFP/News Corp.

Executive Council of Australian Jewry co-chief executive Peter Wertheim called on the NSW Police to identify and prosecute those who displayed the Hezbollah flag.

A spokesperson for the Palestine Action Group, which organised Sunday’s protest, Josh Lees said concern over the flags was distracting from the number of deaths in Lebanon and Gaza.

“What we’re seeing is a hypocritical and racist scare campaign, coming from people who support Israel’s horrific genocide in Gaza and now its war on Lebanon,” he said.

“This scaremongering about some flags is designed to distract from Israel’s crimes and to intimidate Israel’s critics into silence.

“Israel has killed over 42,000 people in Gaza, including over 16,000 children, and over 1,000 in Lebanon in just the last 2 weeks. That is terrorism but we don’t see the Israeli flag being banned, we don’t see Israel’s supporters being hounded and threatened with anti-terrorism charges.”

HATE LAW THRESHOLD: AFP

But the Australian Federal Police says the “mere public display” of a prohibited terror symbol “on its own” does not meet the threshold for an Australian to be charged under new hate laws.

An AFP spokesman said the Criminal Code set out “very specific elements” that must be met in order to charge an individual with a prohibited symbol offence.

“The mere public display of a prohibited symbol on its own does not meet the threshold of a Commonwealth offence,” he said.

The spokesman said for a person to be charged under new terror laws prohibiting hate symbols that came into effect in January this year, the prohibited symbol must be displayed in circumstance where the conduct involves:

– Spreading ideas based on racial superiority or hatred

– Inciting others to offend or intimidate a person

– Advocating hatred of a person

– Advocating inciting others to offend

– Intimidating or using force or violence against a person or group based upon their race, religion or nationality

– Or is likely to offend, insult or intimidate people because of a defining characteristic.

The spokesman said the AFP was “aware that protest activity and physical demonstrations can be used to amplify the messaging of extremist groups”.

Hundreds joined the protest rally in Sydney on Sunday. Picture: AFP

“State and territory police will likely be the first responders to emergency situations and protests, due to their community policing function,” he said.

The spokesman said police officers have the power to direct a person to remove a prohibited symbol from public display, but they “do not have the power to remove the prohibited symbol from public display themselves”.

“The failure to comply with a police direction to remove a prohibited symbol has a maximum penalty of 20 penalty units,” he said.

‘SHOULD BE DEPORTED’: DUTTON

It comes as Opposition leader Peter Dutton slammed protesters in Sydney and Melbourne at the weekend for “glorifying” Hamas and Hezbollah leaders.

Mr Dutton said it was “completely unacceptable” that no arrests had been made at the protests.

“There is an absolute outrage in relation to the glorification of a terrorist leader, which surely must be against the Australian law; and if it’s not, the parliament should be recalled to pass a law that prohibits that from happening,” the Opposition Leader told 4BC radio.

“I find it completely unacceptable that the government wouldn’t be arresting people already, or cancelling visas of people who are glorifying Hezbollah and Hamas and others.

“They have no place in our country. We are the greatest country in the world and we shouldn’t be afraid to defend and protect it.”

Also on air, Mr Dutton said people who sympathise with Hezbollah, they should be deported, noting it is listed as a terrorist organisation in Australia.

‘WORRYING SIGNS’: ALBANESE

Addressing his senior colleagues at the start of a cabinet meeting in Canberra on Monday, Anthony Albanese said the government had continued to call for the de-escalation of conflict in the Middle East.

“At the same time, we’ve seen worrying signs over the weekend,” the Prime Minister said, referring to the protests in Sydney and Melbourne.

“We do not want people to bring radical ideologies and conflict here.”

Mr Albanese said Australia’s multiculturalism and social cohesion “cannot be taken for granted”.

“It’s important that we continue to stress that that is the case as we go forward as well,” he said.

‘UNACCEPTABLE’: CHALMERS

Treasurer Jim Chalmers said any indication of support for a terrorist organisation was “completely and utterly unacceptable, whether it’s Hamas or Hezbollah”.

“These are listed terrorist organisations and I think any support for a terrorist organisation should and will immediately draw the attention of our security agencies,” Mr Chalmers said.

“Now there is a high level of scrutiny for people who are on visa, and the Home Affairs Minister has made it really clear from day one that he will consider refusing and cancelling visas for anyone who seeks to invite this discord in Australia.”