- Criminal Code Amendment (Prohibition on Display or Performance of Nazi Symbols or Gestures) Bill 2024passes through State Parliament
- New laws regulate the display of Nazi symbols and the performance of the Nazi salute in public
- Maximum penalties of imprisonment for five years, or imprisonment for two years and fine of $24,000 on summary conviction
The display of Nazi hate symbols and the performance of the Nazi salute in public will now be an offence and attract a penalty of up to five years' imprisonment following the passage of laws through State Parliament.
The reforms honour the Cook Government's commitment to prohibiting the display of Nazi symbols and the performance of the Nazi salute in public, which are considered offensive and hateful by most in the community.
The new laws provide two key offences in relation to Nazi symbols:
- Display of a Nazi symbol the display offence; and
- Application of a Nazi symbol the graffiti offence.
The display offence captures the situation where the symbol is not physically in the public place but would be visible to someone from a public place, for example the display of a Nazi flag in a private residence window.
The reforms will also prohibit the application of a Nazi symbol to public property by way of vandalism or graffiti, or to the property of another person without their consent.
The display offence also captures the display of tattoos, effectively prohibits the application by spray painting or drawing of a Nazi symbol to public property, and has a penalty higher than what is in the Graffiti Vandalism Act 2016 to reflect the harmful nature of this action.
The display, graffiti and performance of the Nazi salute offences will result in fines of up to $24,000 and imprisonment for two years if convicted summarily, and imprisonment for five years if convicted on indictment.
Further, the laws provide police with the ability to act swiftly in response to display offences by issuing a removal notice. Defences are available for persons displaying Nazi symbols for legitimate reasons, such as for academic purposes or to report fairly and accurately on matters of public interest.
The new laws will come into force in early 2025, once the required administrative arrangements are in place to support enforcement of the new offences and the issuing of removal notices.
Comments attributed to Premier Roger Cook:
"My Government is committed to standing against hate groups which seek to spread fear, division, and violence in Western Australia's vibrant multicultural society.
"With incidents involving the display of Nazi symbols and gestures increasing across Australia, our laws send a very clear message that we will not tolerate fear, division and hatred towards members of our community here in WA."
Comments attributed to Attorney General John Quigley:
"The Cook Government has taken decisive action to reprimand those who use Nazi hate symbols and the Nazi salute tovilifyandthreatenvulnerablegroups in the community, including the Jewish community and LGBTQI+supportgroups.
"Our laws will protect against this form of discrimination and hold perpetrators who commit these crimes to account."
Comments attributed to Citizenship and Multicultural Interests Minister Tony Buti:
"The Cook Government is committed to the progressive values that have enriched our communities and improved the lives of all Western Australians.
"We are fortunate to live in an incredibly diverse State. We will not permit bigotry and intolerance to set their ugly roots in any of our communities."
As stated by Mount Lawley MLA Simon Millman:
"Any form of racism or discrimination against people that harasses, belittles or intimidates on the basis of religion, ethnic origin or race is unacceptable in a multicultural, modern, democracy like Australia.
"These new laws send a strong message about the unacceptability of anti-Semitism in modern Australia. It is unacceptable at any level of our community and it will be called out."
