Victoria introduces landmark law banning the display of Nazi swastika hate symbols

Victoria has blazed the trail as the first Australian state to make displaying Nazi swastika hate symbols an offence punishable by law.

Swastikas have been banned by law in Victoria – the first Australian state to make displaying the symbols a punishable offence.

Individuals found in breach of the new legislation will face up to 12 months in prison and fines of almost $22,000.

The Summary of Offences Amendment was passed on Tuesday, making it a criminal offence for anyone to intentionally display the hakenkruis (Nazi swastika) in public.

The landmark decision reflects the state’s clear message that Nazi and neo-Nazi ideology had no place in Victoria, a statement from the state government said.

The statement said the bill would not be used to prohibit religious and cultural use of the swastika within Buddist, Hindu, Jain or other faith communities, in which it was an ancient and sacred symbol of peace and good fortune.

A Nazi flag was flown near a Brisbane synagogue last year. Picture: Supplied

“The Nazi symbol glorifies one of the most hateful ideologies in history – its public display does nothing but cause further pain and division,” Victorian Attorney-General Jaclyn Symes said.

“It’s a proud moment to see these important laws pass with bipartisan support – I’m glad to see that no matter what side of politics, we can agree that this vile behaviour will not be tolerated in Victoria.”

A community education campaign would be rolled out to raise awareness about the religious use of the symbol, while make the distinction between the Nazi swastika clear.

The law will begin taking effect in six months’ time to allow for the implementation of the campaign messages.

A Nazi swastika engraved at Harleston Park in Elsternwick in 2021. Picture: Anti-Defamation Commission

Extensive consultation with religious, legal and community groups were undertaken by the state government ahead of the law, which included the understanding that exceptions were in place to allow for the symbol to be used for artistic and educational purposes, the statement said.

Ongoing monitoring would determine the later inclusion of other hate symbols.

Multicultural Affairs Minister Ros Spence said the laws were “part of our unwavering commitment to challenge antisemitism, hatred and racism wherever and whenever they occur”.

A Melbourne P-plater was snapped displaying a large Nazi swastika in their rear windscreen in 2020. Picture: Supplied

The law was introduced by the Andrews Government following a parliamentary committee report’s recommendation in 2021.

Protections are also set to be made under altered anti-vilification laws in areas including disability, sexual orientation, sex and HIV/AIDS.

NSW follows Victoria’s lead

The NSW Government on Tuesday followed Victoria’s lead, introducing a bill to parliament to ban public displays of Nazi symbols and “provide further safeguards against hate speech”.

“Hateful and vilifying conduct is completely unacceptable in our community,” NSW Attorney-General Mark Speakman said of the bill.

This man displayed a swastika tattoo at a Reclaim Australia rally. Picture: Supplied

Under NSW’s proposed amendments to the Crimes Act 1900, individuals can be penalised $11,000, 12 months of prison, or both, while corporations face a $55,000 fine.

NSW Minister for Multiculturalism Mark Coure confirmed the ban would not affect the swastika being used in connection with Buddhism, Hinduism or Jainism.

Displaying the symbol for artistic, academic or educational purposes would also not be considered an offence, Mr Coure said.

NSW Jewish Board of Deputies CEO Darren Bark said Nazi symbols were a “threat to the entire NSW community”, and represented a “sinister underbelly” in the state.

“In recent years we have seen a surge in the use of these symbols by right-wing extremists and for other faith-based attacks, both in person and online,” Mr Bark said.

“Hate has no place in our tolerant multicultural society.”