Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Hansard source

I move:

That the Senate take note of the report.

I will just make a few brief comments on the report. The coalition members of the Parliamentary Joint Committee on Intelligence and Security tendered additional comments on the prohibited hate symbols bill that was tabled in the parliament. In fact, the deputy chair of the PJCIS, Andrew Wallace MP, had to make the point that the five coalition members supported the intent of the recommendations of the report but that he and the other four coalition members felt compelled to call out the committee's report on the basis that it failed to recommend the banning of the Nazi salute.

In making my comments, I would say that it beggars belief that the government members would not support the banning of the Nazi salute, particularly in this current period of time. The Nazi salute, as we all know, has a direct linkage to the criminal regime which was responsible for the deaths of more than six million Jews during World War II. For those who have seen the recent sickening scenes in our own backyard here in Australia, this was obviously very disappointing. These scenes demonstrate that we aren't immune from hate and antisemitism here in our own country. As far as I and the coalition members for the committee are concerned—I had previously moved a bill in this place in relation to the banning of certain symbols—it's our position that there is no place for symbols and gestures that represent hate in this country, and no-one in our communities should be living in fear.

In terms of an issue that was raised on whether or not there is a constitutional prohibition on legislating against the Nazi salute—and I don't believe the government has provided any justifiable reason for not doing so—I would say that there is no legal justification for banning Nazi symbols but not Nazi gestures such as the Nazi salute. This is the irony of the report that has been provided. Certainly under the external affairs power of the Constitution the Commonwealth has the power to pass laws to implement its treaty obligations. They would include three particular instances: the eradication of incitement of racial discrimination, which is article 4 of the International Convention on Elimination of All Forms of Racial Discrimination; the outlawing of vilification of persons on national, racial or religious grounds, which is article 20 of the International Covenant on Civil and Political Rights; and the prohibition of discrimination, which is article 26 of the International Covenant on Civil and Political Rights.

The irony of the fact that the government hasn't gone down the path of actually recommending what the coalition members themselves recommended is that when you look at the government's bill and its own explanatory memorandum they expressly set out that the bill does in fact meet those treaty obligations. As I said, when you look at this period of time in terms of where we are, both here in Australia and also globally, there is no doubt that we are currently living in one of the most challenging and uncertain periods since the Second World War. In fact, the world, as we know, has watched with horror Ukraine being invaded by Russia, and there were also the unprovoked attacks on Israel by the Hamas terrorists on 7 October this year. Those barbaric attacks—and we're still seeing them, unfortunately, on our social media and TV screens—resulted in 1,200 deaths, and that was the greatest loss of life of Jews in one single day since the Holocaust. Again, it has well and truly heightened our awareness of this type of evil. Sadly, what we're seeing displayed, even here in Australia—which I find so disappointing—is a significant increase in antisemitism across the globe and, disappointingly, here in Australia.

Additional comments that have been provided by the coalition senators, in particular the deputy chair of the PJCIS, Andrew Wallace MP, expressly state that there is no more important time for the parliament of Australia and the Australian government to stand with the people of Israel and ensure that, to the greatest extent possible, all forms of Nazi symbolism, including the Nazi salute, be prohibited by the bill. Again, it's a lost opportunity but also a great shame that the government has decided not to proceed down this path. Certainly I commend the coalition members on their recommendation 'that the bill expressly prohibit the giving of the Nazi salute'. As I said, I believe it is a lost opportunity by the government in not recommending that particular part of the bill and the banning of the Nazi salute.