Crimes Amendment (Display of Nazi Symbols) Bill 2021

Hansard ID: HANSARD-1323879322-126440

Hansard session: Fifty-Seventh Parliament, First Session (57-1)

Crimes Amendment (Display of Nazi Symbols) Bill 2021

Second Reading Debate

Debate resumed from 21 June 2022.

Mr MICHAEL DALEY (Maroubra) (12:54:07):Hansard

I lead for the Opposition on the Crimes Amendment (Prohibition on Display of Nazi Symbols) Bill 2022. I am certain that I speak for all members in saying that the fact that we have to discuss the contents of a bill like this, and the fact that in this supposedly enlightened day and age there is a need to put such legislation before the Parliament of the people, is disappointing beyond belief. It is disgusting, when one thinks about it. But, in any event, here we are. I say on behalf of the Opposition—and I know on behalf of all members—that when we pass this legislation, we are saying in the most stark possible terms to the people who will offend this legislation, who can do so freely now but will not be able to by the end of this week, that their behaviour disgusts us. With all of our hearts we wish that they would desist from their thoughts and deeds. The bill proposes to insert new section 93ZA into the Crimes Act 1900. As brief as it is, I will read the section into . New subsection (1) states:

(1)A person who knowingly displays, by public act and without reasonable excuse, a Nazi symbol commits an offence.

Maximum penalty—

(a)for an individual—100 penalty units or imprisonment for 12 months, or both, or

(b)for a corporation—500 penalty units.

New subsection (2) states:

(2)For subsection (1), the display of a swastika in connection with Buddhism, Hinduism or Jainism does not constitute the display of a Nazi symbol.

New subsection (3) states:

(3)Also, without limiting subsection (1), a reasonable excuse includes the display of a Nazi symbol done reasonably and in good faith—

(a)for an academic, artistic or educational purpose, or

(b)for another purpose in the public interest.

Finally, new subsection (4) states:

In this section—

public act

has the same meaning as in section 93Z.

So it is quite clear. The legislation substantially replaces NSW Labor's bill, which was introduced in the Legislative Council by the Hon. Walt Secord in October 2021. NSW Labor has been advocating for this bill since April 2020, after a surge in racist activity in Victoria and New South Wales. Importantly, the bill takes into account almost all the constructive feedback obtained during a February 2022 committee inquiry and substantial consultations by a number of members of the New South Wales Opposition with the Jewish, Hindu, Jain Buddhist, and other culturally and linguistically diverse communities over the past two years. The New South Wales Opposition is the first in the country to introduce legislation seeking to ban the public display of Nazi symbols, and we are very grateful that the Government has decided to bring the bill before the House and make it law forthwith.

As a matter of historical record, in June this year Victoria was the first jurisdiction in the country to introduce a similar private member's bill in its Legislative Council; on 26 May Queensland Premier Annastacia Palaszczuk announced that Queensland would also introduce similar legislation; on 5 June Tasmania's new Premier, Jeremy Rockliff, said that Tasmania would similarly legislate; and Western Australian State Labor MPs are now examining the possibility of a similar bill. This says that from coast to coast the sun is setting rapidly on people who wish to promulgate hate and display these disgusting symbols.

Of course, we are not the first jurisdiction in Australia or in the world to formally debate the banning of the display of Nazi symbols in a public manner. Many European countries have had similar laws for decades, including Germany, Austria, France and Russia, and it is right that we should do the same thing. As I said, it is disappointing and, in fact, distressing that we have a real need to review the legality of flying a Nazi flag in New South Wales.

The discussion of legislation like this is always attended by toing and froing about free speech, the rights of citizens in a democracy and things like that. Generally, I would defend the right of people to say what they wish, and their right to display whatever symbols they see fit, unless it goes beyond an acceptable boundary. Often in this Parliament we are called to look at difficult issues. We exercise a balancing act between rights versus liabilities and freedoms versus responsibilities, but it is always under the careful umbrella of the question about what is best for the majority of our citizens in a civilised society.

An old adage is the standard you walk past is the standard you accept. If we are confronted by people who seek to deny the Holocaust, we will not walk past that. That is not a matter of faith; that is a matter of fact. It did happen. No-one has the right to say it did not. It is more than deeply offensive. If we are confronted by people who wish to fly the Nazi flag, we say quite strongly, "That is not okay." Why? For many reasons. Firstly, because it is an endorsement of a principle that says that white people, by simple virtue of the colour of our skin, are better than everybody else. That is repugnant in the extreme. It is also an endorsement of a regime in Nazi Germany that was the worst example of humankind gone wrong.

The bill is a necessity because acts of antisemitism are on the rise. It is ironic that people who seek to fly these flags and display these symbols seek to ally themselves with the diggers of our country and the brave men and women who fought and died to defeat Nazism. After many years of sacrifice by those brave citizens of ours, one would have the right to be incredulous that any Australian community member would want to align themselves with a genocidal regime that would completely dishonour the veterans whom we absolutely revere in this country.

Hansard

Secondly, it is a fact that acts and expressions of racism, acts and expressions of extremism and acts and expressions of antisemitism are on the rise. Earlier this year the Standing Committee on Social Issues held an inquiry into a bill of this type, and many people made worthy submissions. Submissions were made and evidence expressing broad support for the bill was given by the NSW Association of Jewish Service & Ex-Service Men & Women, the NSW Jewish Board of Deputies and Hindu Council of Australia jointly, the B'nai B'rith Anti Defamation Commission, the Australian Association of Jewish Holocaust Survivors and Descendants, and the Executive Council of Australian Jewry, among others. It is worthwhile my taking a moment to read onto comments that were made in the joint submission by the NSW Jewish Board of Deputies and the Hindu Council of Australia. The submission states:

The NSW Jewish Board of Deputies (JBD) and Hindu Council of Australia (HCA) are making a joint submission in order to support the ban of the display of Nazi symbols while ensuring that the display of symbols of religion is protected.

The JBD, the representative peak body of the Jewish community in NSW welcomes this bill and the opportunity to comment on this important piece of legislation currently before the committee.

The JBD leads, speaks and advocates on behalf of the NSW Jewish community, including 56 major communal organisations as its constituents and the Jewish people living in NSW.

The HCA is a peak body organisation acting as a representative of the Hindu community in Australia in dealing with federal, state, and local governments, apart from reaching out to other Hindu organisations and institutions. HCA is working for a strong, cohesive, and active Hindu community in Australia, living in harmony with other religious and cultural communities.

The display of Nazi symbols—particularly the Hakenkruez which resembles the Hindu sacred Swastika symbol—is of great concern to members of the Jewish and Hindu communities in NSW.

...

Nazi symbols are a reminder of one of the darkest times in humanity, which involved the murder and attempted eradication of the Jewish people from Europe, amongst other targeted groups. By the end of World War Two, six million Jews and approximately 12.5 million other people were killed by the Nazi regime.

As we move further away in time from the events of this dark chapter in history, it is essential that we do not allow the lessons of history to be forgotten, as this brings us one step closer to the events of the past being repeated.

That is a good point. The submission continues:

We have learned from history that incitement to hatred through words, symbols and gestures is the precursor to violence. If it is not addressed quickly and decisively it can engender a contempt for the rule of law, encourage mob rule and the breakdown of social cohesion and democratic institutions.

Normalising hate symbols is the first step towards desensitising people to abhorrent behaviour. It can be the first step to forgetting, enabling and repeating history.

The submission also talks about protections against the rise of extremism. It states:

The return of antisemitic extremism has presented a significant concern to the Jewish community and to government security agencies of Australia.

Mike Burgess, Director-General of the Australian Security Intelligence Organisation, has noted that almost half the work that his organisation is engaged in is now to counter the rise of politically motivated violence from the authoritarian Right in Australia.

In August 2021, a joint investigation by The Sydney Morning Herald, The Age and 60 Minutes revealed the growing threat of organised—

I repeat "organised"—

—neo-Nazis in Australia.

White supremacist extremism and radicalisation is penetrating parts of mainstream Australia, making up 20% of counter‑terrorism investigations. The investigation uncovered that teenagers were among those most at risk of being radicalised by neo-Nazi groups in Australia.

That is one of the most concerning things about the rise of these sorts of acts, that these boofheads who engage in this behaviour and who have convinced themselves that they actually believe the flawed principles that underpin it are now seeking to influence young people as well. We cannot allow that to happen. Above all, we have a responsibility to see that their ilk dies out with them and that no further young people are infested with their beliefs. I thank the Government for bringing the bill to the House. I thank all members who will support it. None will oppose it because it is an excellent piece of legislation. I commend the bill to the House.

Mr MARK COURE (OatleyMinister for Multiculturalism, and Minister for Seniors) (13:09:14):

— It is 77 years this year since the end of the Holocaust. Today, as Minister for Multiculturalism, and Minister for Seniors, I support the Government's Crimes Amendment (Prohibition on Display of Nazi Symbols) Bill 2022. I have advocated for the bill for some time now. This incredibly important legislative reform reinforces that symbols of hate have no place in our society, and we join other jurisdictions around the country and around the world in the prohibition of display of Nazi symbols. Symbols associated with Nazism are a remnant of a dark and evil period in our world history. They are a painful reminder of what happens when evil goes unchecked, but that is where the symbols should remain—in the pages of our history. They do not belong in public view throughout our tolerant, multicultural society.

I thank the stakeholders whose advocacy played an important role in the introduction of the bill to this place. I acknowledge those who have raised this legislation directly with me over many months. I particularly acknowledge the Jewish Board of Deputies and its CEO, Darren Bark—who is in the gallery today—and the Hindu Council of Australia. Nazi symbols are a gateway to violence and vilification, and the bill will ensure that those that cause harm in our community will be dealt with. Those fringe elements of our society would use Nazi symbols to intimidate, scare, threaten and to rally others to a hateful ideology, and we have seen its impact.

In recent years there have been extremely troubling reports of antisemitic behaviour. According to the Executive Council of Australian Jewry's 2021 report, there was a 35 per cent increase in antisemitic attacks in Australia in the 12 months ending 30 September 2021 compared to the previous years. Research conducted by the Jewish Board of Deputies indicated that there were over 477 instances of antisemitic attacks reported to Jewish organisations during that same period. That includes physical assaults, verbal abuse or harassment, vandalism and graffiti. Just last week I was at the Southern Sydney Synagogue in Allawah, whose congregation told me about how they were targeted by antisemitic graffiti only recently. There have also been a rising number of reports of people flying Nazi flags in public, increased displays and sales of Nazi memorabilia and reports of individuals wearing Nazi uniforms or Nazi symbols in public.

Those incidences and the symbols tied to them contravene the values of respect, freedom and inclusiveness that we hold as Australians and as a multicultural society. The bill underscores the New South Wales Government's commitment to those values and clear opposition to extremism and Neo-Nazism. The bill sends a clear message that the display of Nazi symbols and the hatred and bigotry that they represent will not be tolerated and sends a strong message to Neo-Nazis that their brand of hate has no place in our society.

However, the bill serves another very important purpose: It helps protect those who use a swastika for religious or spiritual reasons and enables them to safely use that symbol, which for thousands of years has been associated with peace, prosperity and auspiciousness for Buddhism, Hinduism and Jainism. The bill clearly states that the display of a swastika in connection with those spiritualities will not be deemed a Nazi symbol. That distinction is incredibly important for our multicultural society. For too long Buddhists, Jains and Hindus have been unable to publicly display a swastika for fear that it will be mistaken for the Nazi hooked cross. This provision ensures that there is a clear distinction between the two symbols to safeguard those communities and to make sure that this law is enforced appropriately.

Debate interrupted.

The DEPUTY SPEAKER:

I shall now leave the chair. The House will resume at 2.15 p.m.

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