Nazi symbol ban: civil liberties groups appear at senate inquiry

Liberty Victoria president Michael Stanton made the organisation’s case against the proposal as he gave evidence to parliamentary committee examining the legislation on Tuesday.

Under the private member’s bill put forward by shadow attorney-general Michaelia Cash, people who knowingly display Nazi symbols without a reasonable excuse would face criminal charges punishable with 12 months’ imprisonment and fines of up to $27,500.

Mr Stanton described the legislation as “largely reactive and performative” and warned “socially savvy” far right extremists were hungry for controversy and would use the prohibition to amplify their messaging.

“They’ll want to present themselves as being silenced. And they will want the attention of challenging these laws in the courts, and they’ll use it for profile raising and recruitment,” he told the committee at a public hearing in Canberra.

“And so the question for this committee, in our view, is why give them the attention they want?”

NSW Council for Civil Liberties committee member Stephen Blanks told the same hearing the legislation didn’t “go to the heart of the problem”.

He argued criminal law was only one of the required tools to prevent Nazi ideology and wouldn’t be enough on its own.

Mr Blanks said the proposed legislation must iron out any doubts over people who might be displaying Nazy symbols for educational purposes or other reasons who weren’t about promoting hateful ideology.

“It is the promotion of Nazi ideology that is the problematic activity,” he said.

“I think there should be some process for people who are going to use the symbol for uses which they believe are appropriate to be able to obtain approval.”

Senator Cash introduced the legislation in March after a group of neo-Nazis attended an anti-transgender rally in Melbourne and performed the Sieg Heil salute on the steps of Victorian state parliament.

British biological sex campaigner Kellie-Jay Keen-Minshull — who also goes by the name of Posie Parker — organised the event as part of her Australian and New Zealand speaking tour. She has said the neo-Nazi group gatecrashed the rally and were not invited.

Western Sydney University’s Kevin Dunn told the parliamentary committee examining Senator Cash’s legislation researchers at the university’s Challenging Racism Project were looking into the “link” between transphobia and the far right.

The committee also heard from representatives from several Jewish groups including Australia-Israel and Jewish Affairs Council executive director Colin Rubenstein, who backed the Bill as a strategy to “deal with evil”.

“This legislative tool will be a very useful tool in the fight against extremism and racism,” Mr Rubenstein said.

Liberal frontbencher Simon Birmingham called for a multi-partisan approach to banning Nazi symbols when the legislation was first introduced to the upper house.

Senator Birmingham said at the time parliament should “stand as one” against an ideology most associated with genocide and persecution.

The government has signalled it supports banning Nazi symbols at a federal level and could come up with alternative legislation of its own if it doesn’t end up supporting Senator Cash’s bill.

NSW and Victoria both banned the display of Nazi symbols in 2022.

Originally published as New federal laws to ban the display of Nazi symbols on the table in Canberra