‘Nation first’ Tasmanian laws ban Nazi salute, with exceptions

Artists, including comedians and actors, will be among those who will be able to display Nazi symbols under new Tasmanian laws.

Neo-Nazis in front of the Victorian Parliament. Picture: NCA NewsWire / David Crosling

Artists including comedians and actors, as well as educators, may still be able to display Nazi symbols and perform Nazi salutes under new Tasmanian laws, if acting in “good faith”.

A Tasmanian Liberal government bill to ban displays of Nazi symbols introduced on Wednesday was extended to include the salute, after neo-Nazis used the gesture at a recent Melbourne rally against transgender reforms.

However, the “nation leading” legislation, expected to pass both houses of state parliament with Labor support, creates a number of defences.

These include for anyone giving a Nazi salute or displaying a Nazi symbol if the act was “reasonable” and performed in “good faith … for a genuine academic, artistic, religious, scientific, cultural, educational, legal or law enforcement purpose”.

Slightly greyer is what happens to naughty teenagers caught giving a Nazi salute behind a teacher or policeman’s back.

Younger children, at least, may avoid prosecution, with the legislation providing that the ban on Nazi salutes only applies to those who “know or ought to know” what the gesture means.

Anyone else faces a fine of up to $3620 or three months jail for a first offence, under the new Police Offences Amendment (Nazi Symbol and Gesture Prohibition) Act.

“Our government wants everyone in our community to feel safe from these disturbing displays, whether it be the display of Nazi symbols or the use of the Nazi salute, as we know they can cause hate and fear,” said Attorney-General Elise Archer.

Labor indicated strong support. “The scenes that unfolded on the steps of the Victorian Parliament this month were deeply worrying and should never be allowed to happen in our state, or anywhere,” said Labor justice spokeswoman Ella Haddad.

The legislation’s ban on Nazi symbols brings it into line with Victoria and NSW, while Western Australia has pledged to follow suit and Queensland introduced legislation to state parliament on Wednesday.

Victoria has flagged extending its laws, like Tasmania, to include the Nazi salute. Federal Opposition Leader Peter Dutton last week unsuccessfully tried to introduce a private member’s bill banning Nazi swastikas, uniforms and salutes.

Under Queensland’s changes, the state criminal code will ban the display of hate symbols with a maximum penalty of 6 months’ imprisonment, while penalties will be increased for serious racial, religious, sexuality or gender identity vilification.

Queensland Attorney-General Shannon Fentiman said the Nazi salute would not be explicitly banned, but “could be captured by these laws and particularly with harsher penalties for public nuisance motivated by hatred”.

“I can’t think of another motivation for a Nazi salute on the stairs of parliament other than hatred so I think we would be able to successfully prosecute that with these laws,” she said.

Queensland’s proposed laws differed from those interstate. “Unlike other states, we will not be prescribing in legislation the hate symbols that are prohibited,“ she said.

“We will do that by regulation, which means that we can have a broader range of symbols and respond if we need to in the unfortunate event that there is further hateful ideology that is spread.”