State boosts hate laws
Queensland is set to introduce new legislation that will prohibit the public display of hate symbols, including Nazi flags.
The proposed laws, which were introduced into parliament by the state government, are aimed at strengthening protections against hate crime and vilification.
Premier Annastacia Palaszczuk said the move comes in response to recent anti-Semitic incidents in Brisbane and will make Queensland home to some of the strongest hate crime laws in the country.
“Our government promised to review and strengthen serious vilification and hate crime laws and this bill is delivering on that promise,” Palaszczuk said this week.
The proposed laws include a new “prohibited symbols” offence, making it illegal to display, distribute or publish hate symbols that cause a member of the public to feel menaced, harassed, or offended.
This includes publishing images or symbols on social media platforms such as Twitter or Facebook, or publicly displaying hateful tattoos. The offence will attract a maximum penalty of six months' imprisonment.
The legislation also includes a new circumstance of aggravation for some offences. This means criminals found guilty of violent crimes, including assault and grievous bodily harm, who are motivated by hateful ideologies, will face increased penalties, including longer jail terms.
“I think that sends a really serious message that racial vilification or vilification based on religion or sexuality, or gender identity will not be tolerated here in Queensland,” Attorney-General Shannon Fentiman says.
The laws come after a parliamentary inquiry looked into strengthening protections against hate crime and vilification following calls from community and religious leaders.
Victoria and Tasmania have already moved to ban the Nazi salute after the gesture was used at a protest attended by neo-Nazis on the steps of Victoria's Parliament earlier this month.
While Queensland is not banning the salute at this stage, the new laws could capture that behaviour, said Fentiman.
“There will be very sensible exemptions built into the legislation,” she said.
“We know, for example, that the swastika, as opposed to the Nazi hooked cross, is a religious symbol for people practising Hinduism and Buddhism.”
There will also be exemptions for educational, historical, and religious purposes, as well as cultural settings.
Chief executive of Multicultural Australia, Christine Castley, said the reforms were a step in the right direction.
“The laws will enhance the safety of every person and every community in Queensland, especially for those culturally and linguistically diverse communities who all too often face harassment as they go about their lives in public spaces and places of worship,” said Castley.
The new offence will give police officers and the courts expanded powers to prove a hate crime. Officers will be permitted to access the phone records of suspected offenders, provided they have a warrant.