Anne Urquhart (Tasmania, Australian Labor Party) Share this | Link to this | Hansard source

On behalf of the Parliamentary Joint Committee on Intelligence and Security, I present the committee's Advisory report—Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023.

Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to 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.

Paul Scarr (Queensland, Liberal Party) Share this | Link to 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.