Paul Scarr (Queensland, Liberal Party) Share this | Hansard source

I too rise to take note of the important matters Senator Cash referred to in relation to the PJCIS report. At the outset, I commend my good friend Julian Leeser MP for his introduction of a private member's bill earlier in the year which came before my committee, the Legal and Constitutional Affairs Committee, which would have prohibited both Nazi symbols and Nazi gestures. In my dissenting report, which recommended that that bill be passed as soon as possible, I noted—and I want to place on the record in this context evidence that was provided by the Executive Council of Australian Jewry and emphasise the missed opportunity by the government to include both Nazi gestures and Nazi symbols. This is what the Executive Council of Australian Jewry said, and this was before the attacks of 7 October, the greatest loss of Jewish lives in a single day since the Holocaust:

… the public display of Nazi symbols and gestures goes well beyond the realm of ideas and freedom of expression. Such displays are, and are usually intended to be, acts of menace and intimidation. They convey hatred for individuals and groups and for the values of personal freedom, justice and democracy of our entire society. Placing Nazi signs … or performing Nazi salutes on or in the vicinity of a synagogue, mosque or temple or a Holocaust museum is not an expression of an idea, but a naked threat and a promotion of hatred and violence.

I understand the concerns that were raised around enforceability. It was something which we considered as a committee. However, in all the circumstances, I do not understand why—with an appropriate review mechanism and with all the checks and balances that the Senate can provide—the government took the position, at this of all times, not to attempt to address the evil, the menace and the intended intimidation that the display of a Nazi gesture has. I think it's something we should all reflect upon and consider when the legislation is further considered by the Senate—whether or not the scope of the legislation should be expanded to include the making of the Nazi gesture. I seek leave to continue my remarks.

Leave granted; debate adjourned.