Queensland’s attorney general has confirmed the Nazi salute will be captured under proposed laws that ban hate symbols and strengthen the state’s response to vilification.
Shannon Fentiman said she had been “shocked” by the presence of neo-Nazis at an anti-trans protest in Melbourne earlier this month.
“These hateful and disgusting views must be condemned publicly and unequivocally,” she told parliament.
Fentiman said she expected someone performing a Nazi salute in public would be captured within new circumstances of aggravation in the legislation.
“In particular, there could be a strong case that a group of neo-Nazis saluting on the steps of parliament, such as we saw in Melbourne just a fortnight ago, would commit the offence. But of course, every prosecution will depend on the circumstances.”
In Tasmania on Wednesday the state’s attorney-general, Elise Archer, also tabled a bill to ban the Nazi symbol and salute, which she called “a blatant breach of both our moral and community standards”.
“Following the recent disturbing use of the Nazi salute during a demonstration in Victoria, the bill will also prohibit the use of the Nazi salute,” Archer said.
The legislation introduced into Queensland parliament on Wednesday will ensure that those who commit crimes motivated by prejudice against specified groups will face tougher penalties, including longer custodial sentences.
Existing offences will be amended to provide for a new circumstance of aggravation, including for common assault, going armed so as to cause fear, threatening violence, assault occasioning bodily harm, wilful damage, trespass and public nuisance.
The proposed laws will also modify the criminal code to introduce a “prohibited symbols offence” which will ban the display of hate symbols, including those tied to nazism and the Islamic State.
The new offence will outlaw the public display, public distribution or publication of prohibited symbols in circumstances that “might reasonably be expected to cause a member of the public to feel menaced, harassed or offended”.
Fentiman said that, unlike in other states, Queensland, will not describe which hate symbols will be prohibited within the legislation itself.
“We will do that by regulation which means that we can have a broader range of symbols and respond if we need to,” she said.
There would be an exemption for Hindus, Buddhists and Jains, for whom swastikas are religious symbols. There will also be an exemption for when hate symbols were used for educational purposes.
The government’s hate symbol framework will include Nazi tattoos, as revealed by Guardian Australia this month. The public distribution or publication of prohibited symbols online will also be prohibited.
Fentiman said there was no provision in the bill to order people to remove tattoos and that instead, the legislation would deal with the display of them.
“It’s like owning a Nazi flag … you may never display it. It’s the display that is the criminal offence,” she said.
Fentiman said the bill will also allow police to search a person or vehicle without a warrant if “they reasonably suspect the person has committed or is committing an offence.”
The premier, Annastacia Palaszczuk, said there was “no place in any community for hate crimes”.
The president of the Queensland Jewish Board of Deputies, Jason Steinberg, said 60% of the state’s Jewish community has reported experiencing antisemitism.
“It’s becoming a bit scary for people. People are afraid to talk about being Jewish, they’re afraid to show their religion, show their true colours, show themselves as people,” Steinberg said.
Steinberg said racists and fascists have gotten a “slap on the wrist” for too long.
“I think the main thing for us is going to be, when there is an incident, how the police can quickly deal with that and move to a criminal offence and a criminal conviction,” he said.
The chief executive of Multicultural Australia, Christine Castley, said she was “pleased” and “relieved” to see the introduction of the reforms.
“The laws will enhance the safety of every person and every community in Queensland, especially for those culturally and linguistically diverse communities who all too often face harassment as they go about their lives in public spaces and places of worship,” Castley said.
– With Australian Associated Press
