Anne Stanley (Werriwa, Australian Labor Party) Share this | Hansard source

In 1982, the great Australian novelist and playwright Thomas Keneally wrote the story of Oskar Schindler in his Booker Prize winning work, Schindler's Ark. Later, in 1993, the book was made into an Academy Award winning film, Schindler's List, directed by Steven Spielberg. No one could come away from that film unmoved. The imagery of the little girl in a red dress is one that I will never forget. Movies such as Schindler's List remind us of events in living history. It was not that long ago, and there are still survivors today who bear the marks of their experiences on their arms. Indeed, it was only October 2021 when Eddie Jaku, the author of another moving story The Happiest Man on Earth, passed away. Eddie's story of survival against all odds and against the most evil of regimes was remarkable, to say the least, and Eddie's book should be compulsory reading.

That said, those who cannot remember the past are condemned to repeat it. We in this House must never forget the atrocities committed by fascism. We must never allow another regime as described by the likes of Keneally and Jaku to exist again. Some symbols unite us, such as our coat of arms, representing a united Australia held up by two of our most iconic native animals and featuring the seven-point Commonwealth Star. Similarly, the Olympic flag represents much that is good: faster, higher, stronger, together. Unfortunately, not all symbols are in this category. Symbols such as those that this bill proposes to ban only exist to promote hate, cause division and allow evil to flourish—symbols that fascist movements, from the Nazis on, have used to rally people to the cause of hate. So it is appropriate that we, together, prohibit the exhibition of these symbols of hate.

This bill has a number of different provisions. Schedule 1 of this bill will criminalise the public display and trading in of three particular items. These are the Nazi Hakenkreuz, the Nazi SS Bolts and those associated with terrorist organisations. The symbols will be prohibited in a broad range of settings, including online. There will, however, be specific exemptions for religious, academic, educational, artistic, literary, journalistic or scientific purposes where that display is not contrary to the public interest. Importantly, it needs to be pointed out that the sacred swastika in connection with Buddhist, Hindu or Jain religious observances will not be captured by these provisions. The government acknowledges the importance of this ancient symbol and its significance to these faith communities.

The government's amendments will criminalise performing the Nazi salute in public, to address the significant harm that this behaviour causes to Australian communities. The ideas represented by this are fundamentally incompatible with Australia's multicultural, democratic and inclusive society. Finally, the trading offence in schedule 1 will target commercial profiting, including selling, renting or leasing paraphernalia containing prohibited Nazi symbols or symbols associated with terrorist organisations.

Schedule 2 of the bill will criminalise using a carriage service for violent extremist material and possessing or controlling violent extremist material obtained or accessed using a carriage service. A carriage service will include a range of platforms, including webpages, social media platforms, email, chat forums, text messages or the download of violent extremist material from the internet onto a digital storage device.

Violent, extremist material, which is used to radicalise people and instil fear in our community, has no place in Australia. Criminalising the use of a carriage service for violent, extremist material would allow law enforcement to take actions against persons who are exploiting the internet to recruit, spread propaganda and incite violence, particularly those targeting young people. Offences under schedule 2 will be punishable by up to seven years imprisonment, and allow law enforcement intervention at an earlier stage in individual's progress towards that radicalisation. In turn, it will provide greater opportunity for rehabilitation and disruption of violent, extremist networks.

Schedule 3 of the bill will expand the 'advocating terrorism' offence in section 80.2C of the Criminal Code to include providing instruction on the doing of a terrorist act or praising such an act where there is substantial risk that praise will lead to another person engaging in a terrorist act. This will address increasing concerns about the promotion and idealisation of extremist views as a form of radicalisation, particularly with respect to young people becoming radicalised online. Recognising that advocating terrorism is a serious and intentional act which can incite violence against innocent Australians, schedule 3 of the bill will increase the maximum penalty for this offence from five to seven years imprisonment. This will ensure that the penalty more appropriately accounts for the potential severity of the offending and better aligns with penalties for similar offences in the Criminal Code.

Schedule 4 of the bill will remove the sunsetting requirements from regulations listing organisations as terrorist organisations under division 102 of the Criminal Code. At present, listings cease to have effect after a period of three years and must be remade for an organisation to remain prescribed. The removal of the sunsetting requirements from terrorist listing regulations will help align the framework within the enduring nature of a terrorist organisation and its operations. Of the 29 organisations currently listed, the majority have been relisted multiple times, some as many as eight times. While there are existing strong safeguards to ensure that any listing of an organisation is appropriate and ceases should the organisation no longer meet the threshold, the bill will enhance these safeguards.

I understand that the provisions of this bill have the support of key community organisations, including the Executive Council of Australian Jewry, the Australian Muslim Advocacy Network, the Australian Catholic Bishops Conference, the Hindu Council of Australia and representatives of the Australian Buddhist community. The bill deserves the same unanimous support in the House. We obviously have our differences on many issues. Healthy debate in this chamber is essential for democracy, and it is that that these terrorist organisations seek to undermine.

We have enough examples on the historical record to prove that radicalisation, and the glorification of these symbols, is not going away. Good thoughts and wishes are not going to deal with the problems this bill addresses. Like other members in the House, my electorate is home to those who have fled their former homes and have been victims of persecution, so in a very real sense this bill has personal resonance for me. We need to send a clear message to those who might be attracted to the organisations these symbols represent. We need action, and this is what the bill delivers, and it does so in the clearest of ways. I commend the bill to the House.

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