The public display of Nazi symbols in support of Nazi ideology was for decades after World War II a rarity in Australia. Yet in recent years there has been a sustained proliferation of Nazi symbols and gestures in the public sphere including, but not limited to, displays online. The negative impacts have included threats and menace conveyed to communities who are targeted by Nazi hate-ideology, and an undermining of their sense of security, and of social cohesion. Legislation to ban the public display of Nazi symbols and gestures has been enacted in NSW and Victoria, and Bills are currently under consideration in Queensland and Tasmania, in addition to the current Federal Bill. They take different forms and treat particular issues differently. Australia has struggled to come up with a best practice model law. In this submission we consider how to define “Nazi symbol”, “public act”, “Nazi gesture” and the mental element of the offence, as well as specific issues such as the constitutional head of power, the display of Nazi symbols via body tattoos, the advertising and sale of Nazi memorabilia, defences, police powers and penalties. We also address the need for any legislation to be complemented by appropriate measures in school education.
The submission can be read here.
Peter Wertheim | Co-CEO
ph: 02 8353 8505 | m: 0408 160 904 | fax 02 9361 588
e: pwertheim@ecaj.org.au | www.ecaj.org.au