NSW Premier Chris Minns has vowed to “straighten out” any confusion surrounding the state’s laws against the Nazi salute.
It comes after around 50 men attended a neo-Nazi demonstration in Corowa over the weekend, a small NSW town close to the border of Victoria — where explicit laws outlaw the Nazi salute and symbols.
The rally led to confusion surrounding how hate symbol laws differ between states. However, the Nazi salute and public display of Nazi symbols are banned under
Corowa
NSW Police responded to reports of an unauthorised gathering in Corowa on Saturday afternoon.
Around 50 men, associated with a white supremacist group, assembled in front of the war memorial, wearing balaclavas.
Footage from the demonstration showed group members holding anti-immigration signs.
NSW Police have confirmed that no arrests were made.
Sussan Ley
Deputy Opposition Leader Sussan Ley has suggested the men protested in NSW to avoid stricter anti-hate speech laws in Victoria — where legislation to ban the Nazi salute passed in 2022.
Speaking to the ABC, Ley questioned the powers of similar laws in NSW: “If the laws aren’t strong enough, that needs to be under active consideration.”
However, NSW Premier Chris Minns claims the Nazi salute is outlawed in his state. It is also outlawed nationally, under Federal legislation introduced to Parliament last year.
Where is the Nazi salute banned in Australia?
Nazi symbols are banned in every state and territory (except the NT). The Nazi salute is specifically outlawed in Tasmania, Vic and SA.
NSW passed laws to ban the public display of the Nazi symbol in 2022. The offence carries a maximum penalty of 12 months’ imprisonment and/or a $11,000 fine.
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Minns said he believes the salute is illegal in NSW under this legislation. However, he said the State Government would work to “straighten” out “any ambiguity”.
National Ban
National laws banning the public Nazi salute and display of Nazi symbolson 8 January, after Parliament passed legislation last year.
Offenders face up to twelve months behind bars. The laws also extend to the display of the Islamic State flag.
Attorney-General Mark Dreyfus said the laws mean “no one” will “glorify or profit from acts and symbols that celebrate the Nazis and their evil ideology”.
Using symbols in legitimate religious and educational contexts will be permitted.
Enforcement
National laws are enforceable around the country. However, the Attorney-General’s Department said, “the decision to charge individuals” is a matter for state/territory law enforcement, “on a case-by-case basis.”
The Department told TDA that the national laws “complement” similar laws in the states and territories.
This means the Australian Federal Police or state and territory police can make arrests and lay charges. Penalties will vary case by case.
Other cases
Last week, abecame the first person to be convicted under the state’s new law banning the Nazi salute.
The 25-year-old, who says he “is a Nazi”, performed the salute last year outside a Victorian court. He now faces a $23,000 fine or up to 12 months in jail.
In NSW, another man was recently charged after he was pictured holding a poster with a Nazi swastika at a pro-Palestinian rally.
The 56-year-old is due in court next month.
