Summary Offences (Terrorist Organisation Symbols) Amendment Bill

Introduction and First Reading

The Hon. F. PANGALLO (16:26): Obtained leave and introduced a bill for an act to amend the Summary Offences Act 1953. Read a first time.

Second Reading

The Hon. F. PANGALLO (16:27): I move:

That this bill be now read a second time.

I rise to introduce the Summary Offences (Terrorist Organisation Symbols) Amendment Bill 2024. Earlier this year, parliament rightly passed legislation banning the display and use of Nazi symbols like the swastika and also the Nazi and/or fascist salute. Since that bill passed in South Australia, we have seen a 25-year-old self-confessed Nazi, Melbourne resident Jacob Hersant, become the first person in Australia to be sentenced to prison under the commensurate Victorian legislation for performing an outlawed salute. Hersant was sentenced to one month in prison, the maximum penalty being 12 months in prison, but he immediately appealed and was granted bail despite showing no remorse and saying he would do the same again.

The Nazi symbols legislation that now applies nationally was developed in response to the rise of far-right extremists in our midst wanting to disrupt our democracy and denigrate the democratic rights of those with opposing views and political beliefs. We need to protect our diverse, free and civilised society. Unfortunately, and perhaps with the benefit of hindsight, that legislation did not go far enough to achieve this; in fact, it has fallen well short of capturing other radicalised and angry elements in our society that have been evident since the early 2000s.

The world has witnessed a rise in terrorist organisations that have wreaked havoc on societies, causing significant loss of life, immense suffering and fear in our community. Who can forget the planes crashing into the World Trade Centre on 9/11 by Al-Qaeda when over 3,000 people from 78 countries, including Australia, going about their daily work, and first responders doing their duty, lost their lives. We must also never forget the 2002 Bali bombings, perpetrated by Jemaah Islamiyah that claimed over 200 innocent lives from 20 countries, including 88 Australians.

These same tensions and concerns have surfaced again in the year since the actions of Hamas on Israeli territory on 7 October last year. On that day, more than 1,200 men, women and children from more than 30 countries were slaughtered by Hamas, the largest massacre of Jews since the Holocaust. Girls and women were sexually assaulted. The depravity of Hamas' crimes is almost unspeakable.

Hamas also took 254 people hostage that day, including 12 Americans: four were murdered, four were released through an agreement with the United States but four remain in captivity in Gaza. There are also an estimated 97 other hostages who remain held in Gaza today. They include men, women, young boys and girls, two babies and elderly people from more than 25 nations. Who knows if these hostages are still alive?

We all mourn the death of every innocent civilian who died on 7 October and in the year since. Hamas attacks on 7 October unleashed a year of conflict with tragic consequences for the Palestinian people and renewed conflict and instability in the Middle East. We have seen a war erupt between Israel and terrorist organisations Hamas and Hezbollah in Gaza and Lebanon, and the Iranian backed Houthis in Yemen.

We have also seen an exponential rise in antisemitic behaviour and comment across Australia. Many Jewish people have been abused, threatened and marginalised. Many of our large institutions, such as universities, have since apologised for failing to protect Jewish students, but it is too little too late. The history of populist, divisive politics and a propensity to exclude 'the other' has shown that this kind of silence feeds social divides and erodes social cohesion.

Many Jewish people subject to personal threats still live in fear. Places of worship and private homes are being protected by increased security. For others, as proud Jewish Australian-raised singer-songwriter Deborah Conway so eloquently expressed in The Weekend Australian of 9 November, they and their voices have simply been 'cancelled'.

We must, as individuals and as a community, stand steadfast in the face of terrorism and violent extremism, including the sources of support and funding for groups like Hamas. Sadly, many of these actions, such as the protests on the steps of the Sydney Opera House and indeed on the streets of all our capital cities, have seen a sharp rise in the use of hate symbols, display of terrorist flags, insignia and public and published hate speech, reminiscent of the Nazi era.

These rallies, where the majority of those in attendance are peacefully protesting, have attracted hardcore radicals screaming racist hate and displaying symbols of that hate, including those of prescribed terrorist organisations. They include flags and Arabic text, which would not be immediately identified by Australian law enforcement authorities monitoring events out in public. The Australian government has listed 30 terrorist jihadist organisations which also include branches of Al-Qaeda, Islamic State, Al-Shabaab, Boko Haram, Hizb ut-Tahrir, Tahrir al-Sham and Jemaah Islamiyah.

We have also seen a huge increase in the brazen posting of hate speech and symbols in social media posts. News reports have captured the display of terrorist flags at protests, marches and the boycotts of events such as the recent Victorian defence industries trade show. Only last week, the vile but unreported defacing of the old synagogue in Adelaide's East End was brought to my attention. An inverted triangular section of the Star of David symbol on the heritage-listed building was smeared in red paint, which signifies death, violence and intifada against Jews and Israel. This is a race hate attack on our Jewish community, and strong laws are needed to stop this vile activity from spreading and becoming acceptable.

Most in the community would be unaware of the meaning of the use of red-coloured upside-down triangles. One prominent Adelaide activist, Ramses (Rami) Saaid, has made several hateful comments on the Facebook page of the Australian Jewish Association, aimed at chief executive officer Robert Gregory. On 9 July 2024, Saaid wrote:

lmao—

which is the acronym for 'laughing my arse off'—

get Hamas'd Zio bozos.

'Zio' is Zionist, obviously. This was followed by three red triangles of the kind that prescribed terrorist organisation Hamas uses to identify targets for attack. On 11 July he wrote, 'Long live the Intifada.' The intifada refers to a wave of terrorism and violence directed at Jewish Israelis that left many dead. He further wrote, 'I'd like the violent eradication of Israel.' On 25 July he wrote, 'F**k Zionism and Zionists. Mr Gregory, I promise we're coming for you.'

Let me be clear, these are events and actions that have taken place on Australian soil. Police report that not only have these actions taken up an inordinate amount of limited police resources and cost to the public purse, but police themselves are relatively powerless to do anything about it. They have reported that they cannot confiscate flags; they can only ask people to cease displaying them, and there is little they can do if this is refused. They note that there are jurisdictional issues and demarcations between federal and state laws that blur the lines. As one refugee who arrived in Australia six years ago commented to me recently:

I was in a refugee camp for four years, I fought to escape terrorists, to live in a democracy free of fear and intimidation, and now I stand under the Australian flag, and that way of life is under threat in a way I could never have imagined.

As an advocate for a society that values safety, respect and the principles of a free and democratic nation, this bill proposes two crucial elements that I believe are essential to uphold these values. The first is the banning of symbols and flags of prescribed terrorist organisations. The insidious influence of terrorist organisations extends far beyond their acts of violence. Their symbols and flags serve as powerful tools of recruitment, propaganda and intimidation. These symbols are not merely representations; they are potent instruments used to spread fear, division and hatred. By allowing the public display of such symbols, we inadvertently legitimise the ideologies and agendas of these abhorrent groups.

I suspect that, like many Australians, I had no idea of the significance of many of the terrorist flags I have seen displayed in protests, marches and social media in recent times. I do not speak the languages depicted, and I see now how ignorant I was about the dozens of different terrorist flags and insignias that have been carried and displayed.

I am very grateful for the generous explanations I have been given by experts in the field as to the over 30 prescribed terrorist organisations and their specific flags and insignias. We risk normalising their presence in our communities, desensitising ourselves to their destructive potential and emboldening those who seek to undermine the very fabric of our society.

A ban on these symbols is not an infringement on freedom of expression. It is a necessary step to protect our communities from the toxic influence of extremism. It is a safeguard against the normalisation of violence and the erosion of social cohesion. By taking decisive action against these terrorist organisations and their propaganda we can work towards a safer and more peaceful world.

Element No. 2: penalties for burning national flags in public at protests. The act of burning a national flag is a deeply disrespectful and provocative act. It is a deliberate attempt to incite division, hatred and discord. It is an affront to the values and principles our flag represents: unity, diversity and the sacrifices of countless generations. While we must uphold the right to peaceful protest, this right does not extend to acts of vandalism or desecration.

Burning a flag is not a legitimate form of expression; it is an act of defiance against the nation and its people. I know that witnessing the burning of an Australian flag strikes terror into my heart and no doubt into the hearts of all Australians. By imposing penalties for such acts we send a clear message that our national symbols are to be respected and not disrespected.

We reaffirm the importance of civility and dialogue in addressing grievances, rather than resorting to destructive and divisive tactics. Some may argue these measures are infringements on civil liberties. However, I contend that true freedom is not the absolute right to say or do anything, but rather the right to live in a society where our safety, security and sense of belonging are protected and the rule of law prevails. Violence and terrorism cannot be allowed to threaten our wonderful country. Outlawed terrorist organisations cannot be allowed to take advantage of complacency on our part.

In conclusion, I urge you all to support these measures. By banning the symbols of terrorist organisations and penalising the public burning of national flags, we will take significant steps towards creating a safer, more harmonious and more united Australia. Let us not allow the forces of division and hatred to erode the values that have made our nation great. Let us come together united under our Australian flag, which stands for the values we hold so dear to our way of life and for which our forefathers have fought so bravely to uphold. Let us stand together in defence of our shared future. I commend the bill to the chamber.

Debate adjourned on motion of Hon. I.K. Hunter.