The NSW government has officially banned public displays of the Nazi swastika.
With support from the state’s Liberals, Labor MPs and members of the crossbench, the Perrottet government’s bill to criminalise the purposeful display of Nazi symbols in public successfully passed through the Upper House on Thursday night.
When it comes to penalties for individuals, the new offence includes a maximum of 12 months’ imprisonment or a $11,000 fine or both.
While Victoria became the first Australian state to ban the hateful symbol in June this year, with penalties of up to almost $22,000, 12 months’ imprisonment or both for those who intentionally display the Nazi symbol, the NSW government has taken the prohibition one step further.
Corporations in NSW knowingly displaying the Nazi symbol will be slapped with a $55,000 fine.
The legislation will also outlaw all online displays of the Nazi symbol, including materials posted to social media.
Attorney-General Mark Speakman said the new laws will provide safeguards against hate speech and vilification in the state.
“NSW is a place where everyone can expect protection and safety from serious vilification and hate crimes,” Mr Speakman said.
“The display of a Nazi symbol undermines our shared values and causes harm and distress to others in the community, including those from the Jewish faith.”
Mr Speakman said the legislation will also protect people with disabilities and members of the LGBTQIA+ community, as well as veterans, who are also groups targeted by the hateful symbol.
“This bill recognises that the public display of Nazi symbols is abhorrent, except in very limited circumstances such as for educational purposes, and causes profound offence and distress,” he said.
NSW Minister for Multiculturalism Mark Coure confirmed the legislation, however, will not inhibit artistic, academic or educational freedoms, and will not prevent the use of the symbol for religious or spiritual reasons.
“This bill also serves another important purpose – to protect those that use a Swastika for religious and spiritual reasons including Buddhists, Hindus and Jains,” Mr Coure said.
“It clearly states that the displaying of a swastika in connection with these spiritualties will not be deemed a Nazi symbol.”
