Federal government moves to ban hate symbols

Those caught displaying certain hate symbols will soon face up to a year in prison as the Albanese government declares there is “no place in Australia” for them.

Public displays of Nazi hate symbols will soon be criminalised in Australia in a sweeping set of reforms.

Attorney-General Mark Dreyfus announced on Wednesday the federal government will introduce a new Bill to parliament next week that will criminalise displays of the Nazi swastika or symbols of the Schutzstaffel (SS).

The legislation will also ban trade of these symbols, barring people from profiting from the display and sale of items which “celebrate the Nazis and their evil ideology”.

Hats such as these will be banned if the legislation is passed into law. Picture: Supplied

“The ban includes, but is not limited to, the trade and public display of flags, armbands, t-shirts, insignia and the publication of symbols online promoting Nazi ideology,” Mr Dreyfus said in a statement.

“The Albanese government is sending the clearest possible signal to those who seek to spread hatred, violence and anti-Semitism that we find these actions repugnant and they will not be tolerated.”

If the Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill becomes law, people caught flouting the rules will face a penalty of up to 12 months in prison.

Hate symbols have been popping up in public places in Australia.

The proposed legislation comes on the back of a six-year campaign from civil rights groups including the Anti-Defamation Commission, which called for the bans.

The commission’s chair Dr Dvir Abramovich said he “shed tears of joy” after the announcement.

“A terrible wrong has been made right, and anyone who loves this country will support this ban,” he said.

“Bravo to the Attorney-General and the federal government for taking the high moral ground in declaring that Australia will never provide a haven for the ultimate emblems of inhumanity and will not allow the trafficking in the blood-soaked items of the devil.”

The laws will not ban the Nazi salute, which has been performed at a number of protests in 2023. Picture: NCA NewsWire / David Crosling

Both physical and online displays of the Nazi Hakenkreuz (swastika) or of SS memorabilia will be prohibited.

Exemptions apply for the public displays of these symbols for religious, academic, educational, artistic, literary, journalistic or scientific purposes.

The government has promised that the ban will not apply to the use of the swastika for spiritual purposes in religions such as Hinduism, Buddhism and Jainism.

The law will not outlaw the use of the Nazi salute, which is a matter for state and territory governments.

The government will introduce the Bill to parliament next week and expects that it will be considered in spring.

The Liberal opposition had attempted in March to introduce legislation to amend the criminal code to make it an offence to display Nazi symbols without a reasonable excuse.

That bill included a penalty of up to 12 months in prison and $275,000 fines for those caught displaying those symbols.

Labor did not support the bill at the time because it had not seen the legislation and referred the proposal to a Senate inquiry.

The Senate inquiry “wholeheartedly” supported “the intent of the bill”, but had concerns with the difficulties that an “open definition of Nazi symbols” would present for law enforcement.

A far right wing group does Nazi salutes on the steps of Victoria’s Parliament in March. Picture: NCA NewsWire / David Crosling

Several states, including Victoria, NSW and Queensland, have introduced similar Bills.

The new laws follow several protests this year, where neo-Nazis have been involved.

Protesters were seen performing the Seig Heil, a salute used by Nazis at rallies.

They also crashed a controversial event by UK gender activist Kellie-Jay Keen in Melbourne in March, performing the salute on the steps of Victoria’s Parliament House.