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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2023-11-30 Daily Xml
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Summary Offences (Nazi Salute and Symbols Prohibition) Amendment Bill

Introduction and First Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:39): Obtained leave and introduced a bill for an act to amend the Summary Offences Act 1953. Read a first time.

Second Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:40): I move:

That this bill be now read a second time.

Today, I introduce the Summary Offences (Nazi Salute and Symbols Prohibition) Amendment Bill 2023. The bill addresses concerns about rising Neo-Nazi activities in South Australia involving displays of the Hakenkreuz, also commonly known as the swastika as misappropriated by the Nazis, and other Nazi symbols including the salute.

Concerns have been growing about an observed rise in public activities by self-professed Neo-Nazi groups involving the unacceptable displays of the Nazi Hakenkreuz symbol, the name for the swastika symbol adopted as an emblem of the German Nazi Party, and of the Nazi salute. These symbols are associated with genocide and racial hatred, and are widely recognised by the general public as symbols of hate, violence and intolerance.

This promotion of Neo-Nazi, extreme far right or white supremacist political ideology has inherent power to invoke trauma and fear not only in the Jewish community but also in other minority and cultural groups. It is also used to attempt to recruit or radicalise vulnerable individuals, with fears of the further spread and escalation of harassment and, ultimately, violence. Prohibiting the display of Nazi symbols and salutes, as this bill will do, will help address these concerns and send a clear message that South Australia celebrates diversity and rejects racism, antisemitism and all forms of harassment and hate speech against minorities.

In June 2022, following the introduction of a bill by the Hon. Sarah Game, the government supported the establishment of a select committee on this issue. The select committee inquiry on the prohibition of Neo-Nazi symbols was established on 19 October 2022 and has received evidence about the proposal to ban Nazi symbols since that time. Since the introduction of the private member's bill in June 2022, and the establishment of the select committee, Victoria, New South Wales, Queensland, Tasmania and the Australian Capital Territory have all put forward legislation to prohibit Nazi symbols.

More recently, the commonwealth government has also introduced a bill that would prohibit public displays of Nazi symbols, the commonwealth Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill. The commonwealth bill is described as intending to complement state and territory laws and extend their operation consistent with the Australian government's constitutional heads of power, including in respect of trade and online publication.

In the meantime, there have also been widely reported incidents of public displays of Nazi symbols, including disturbing displays of the Nazi symbol by self-proclaimed Neo-Nazi groups and individuals. The government is determined that it is untenable to defer legislating any longer and, with the support of the Chair of the committee, has put forward the bill that we are putting before the chamber now.

The select committee's work gathered evidence and submissions that have helped in informing the preparation of this bill, in particular in drafting exclusions that would apply for innocent display activities. The submissions and in-person evidence to the select committee indicated strong support to ban Nazi symbols, including salutes, and provide adequate defences or exclusions for innocent displays for a legitimate public purpose.

In particular, evidence to the committee supported an approach to legislate in line with other jurisdictions to address the concerning rise in the unacceptable displays of Nazi symbols and salutes, without precluding any later consideration of whether anti-vilification legislation or other offences should be amended to capture hate speech more broadly.

The Summary Offences (Nazi Salute and Symbols Prohibition) Amendment Bill 2023 will amend the Summary Offences Act 1953 to insert a new part 6A, summary offence of public use of the Nazi symbol or Nazi salute, with a maximum penalty of $20,000 or a fine of 12 months' imprisonment.

The bill targets this observed rise in Neo-Nazi activities, where these activities are broadly white supremacist, anti-immigrant and against other minority communities, as well as being directed to the Jewish community.

This bill is drafted to ensure that it does not unreasonably restrict freedom of speech or political communication being targeted to Nazi symbols, which are very widely recognised as symbols of hate, violence and intolerance.

The bill ensures that sufficiently broad defences are available for the innocent displays of Nazi symbols, including for genuine religious, academic, artistic, educational, cultural, scientific, law enforcement or journalistic purposes.

In particular, it is important to reassure the Buddhist, Hindu and Jain faith communities in South Australia that defences will allow for displays of the swastika, which is a similar geometric shape to the Nazi Hakenkreuz symbol in appearance but which has been used in those faiths for hundreds of years as a religious symbol of peace, including by members of the Buddhist, Hindu and Jain faiths.

The bill takes the approach of the New South Wales legislation in not limiting prohibited Nazi symbols to specific described symbols. However, for clarity and ease of enforcement, the bill defines the Nazi symbol as including but not limited to the Hakenkreuz (as described in the bill) or other Nazi symbols that may be prescribed, as well as the Nazi salute. The bill includes an additional separate offence for failing to comply with a police direction to remove the prohibited symbol to ensure that the offending material is promptly removed from public display.

Creating these offences in the bill will also ensure that police have the necessary powers to direct anyone publicly displaying the Nazi symbol in breach of legislation to move on and to cease the offending conduct. I thank all parties and stakeholders who have contributed over more than a year to this legislation. I look forward to this bill ensuring better protection of South Australians against intolerance and hate-fuelled discrimination.

I seek leave to have the explanation of clauses inserted in Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

Part 2—Amendment of Summary Offences Act 1953

3—Insertion of Part 6A

This clause inserts a new Part 6A into the principal Act, creating new offences to do with Nazi symbols and the Nazi salute.

Part 6A—Nazi salute or symbols

32A—Interpretation

Proposed section 32A inserts definitions for the purposes of the Part.

32B—Prohibition on use of Nazi salute or Nazi symbols

Proposed section 32B creates a new offence of engaging in a prohibited act, which is defined as the publication of a Nazi symbol or the performance of a Nazi salute. The section also provides for exemptions where the act was for a legitimate public purpose, was by a member of law enforcement or intelligence personnel or was in the course of the administration of justice.

32C—Direction to remove Nazi symbol from public display

Proposed section 32C gives police officers the power to direct a person to remove a Nazi symbol from display if the officer reasonably believes the display constitutes an offence against section 32B, and makes it an offence for a person to refuse to comply with such a direction.

Debate adjourned on motion of Hon. B.R. Hood.

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