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Nazi salute banned in Tasmania in an Australian first

First state acts on Nazi salute, with six months jail for repeat offenders, in a move hailed by Jewish leaders but criticised by some free speech advocates.

Anti immigration protesters in Spring St, Melbourne, in May. Far right activist Thomas Sewell is seen giving a Nazi salute. Picture: NCA NewsWire / David Crosling
Anti immigration protesters in Spring St, Melbourne, in May. Far right activist Thomas Sewell is seen giving a Nazi salute. Picture: NCA NewsWire / David Crosling

Tasmania has become the first state to ban the Nazi salute, with six months jail for repeat offenders, in a move hailed by Jewish leaders but criticised by some free speech advocates.

The landmark legislation, similar to that foreshadowed in Victoria amid a national debate on how to tackle Neo-Nazism, was passed by Tasmania’s upper house on Thursday night.

“Nazis will not have a refuge here in Tasmania, and this sends a very clear message that Nazi symbols and salutes are not welcome in Tasmania,” said Attorney-General Elise Archer.

“Following the disturbing use of the Nazi salute during a demonstration in Victoria earlier this year, I have also ensured our reform includes the prohibition of the use of the Nazi salute.

“Nazi displays are a blatant breach of both our moral and community standards, and I am very pleased we have delivered these reforms, which is the first of its kind in Australia, that will help us deliver a safer and more caring community for all.”

The legislation, which comes as the federal government moves to outlaw Nazi symbols nationally, was hailed by the Anti-Defamation Commission.

“There is a very important message here to the neo-Nazis and white supremacists that is very clear and unequivocal: the law is no longer on your side,” commission chair Dr Dvir Abramovich told local radio on Friday.

“Tasmania will never again be a safe shelter and a haven for your murderous, genocidal ideology.”

However, some free speech advocates expressed concern about the law being a “simplistic distraction” from broader issues.

“It is an absolute distraction from the broader debate about the level of civil discourse in Australia,” said Isla MacGregor, Free Speech Alliance Australia spokeswoman.

“When focusing on legislation we are not focusing on the need for education on what constitutes fascist behaviour in our society. While this legislation focuses on right wing extremism, we also have left wing extremism in Australia.”

Tasmania’s Police Offences Act will now require that a person must not without a “legitimate public purpose” publicly display a Nazi symbol. The new law applies if the person “knows, or ought to know” that the symbol is a Nazi symbol.

There are exemptions for the display of swastikas as part of Buddhist, Hindu and Jain religious purposes, as well as for cultural, academic and educational purposes, and in opposition to fascism, Nazism or Neo-Nazism.

First offenders face a fine of up to $3,620 or three months jail, while these penalties double for subsequent offences.

Ms Archer said World War Two diggers and those who survived the Holocaust “appreciate the significant and terrifying impact these symbols have, and why they do not belong in our society”.

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Original URL: https://www.theaustralian.com.au/nation/nazi-salute-banned-in-tasmania-in-an-australian-first/news-story/0e8051f1d88eb2558f40b501a1829eae