30th Nov 2023, 9:46 AM – Representatives Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023 - Consideration in Detail - Nazi salute

The majority voted against an amendment introduced by Bradfield MP Paul Fletcher (Liberal), which means it failed.

What did this amendment do?

Mr Fletcher explained that:

This amendment is straightforward and uncontroversial. It's designed to do two specific things. The first is to ensure there is a review of the subdivision. To explain this to members, the effect of this provision is that the parliament and the people of Australia will have the opportunity to revisit these new offences to see if they remain appropriate after two years. The opposition submits that this is a reasonable period of time. The second thing that this amendment does is seek to ensure that the clauses in the bill do not infringe any implied constitutional doctrine of the implied freedom of political communication. This is a straightforward measure that is intended to preserve validity.

Amendment text

(1) Schedule 1, item 5, page 3 (after line 22), after paragraph 80.2E(c), insert:

(ca) the Nazi salute;

(2) Schedule 1, item 5, page 3 (line 24), omit "(b) or (c)", substitute "(b), (c) or (ca)".

(3) Schedule 1, item 5, page 4 (after line 4), at the end of subsection 80.2F(1), add:

Example: If the Nazi salute is performed or otherwise displayed in a public place and is capable of being seen by a member of the public in that place, then the Nazi salute is displayed in a public place under this subsection.

(4) Schedule 1, item 5, page 6 (line 3), omit "Note", substitute "Note 1".

(5) Schedule 1, item 5, page 6 (after line 3), after note 1, insert:

Note 2: This section is not intended to apply to the exclusion of a law of a State or Territory to the extent that the law is capable of operating concurrently with this section (see section 80.6).

(6) Schedule 1, item 5, page 9 (after line 9), after subparagraph 80.2H(10)(g)(ii), insert:

(iia) the Nazi salute; or

(7) Schedule 1, item 5, page 9 (line 11), omit "(i) or (ii)", substitute "(i), (ii) or (iia)".

(8) Schedule 1, item 5, page 17 (after line 21), at the end of Subdivision CA, add:

80.2N Review of this Subdivision

(1) The Minister must cause a review of the operation of this Subdivision to be undertaken as soon as possible after the end of 2 years after the commencement of this section.

(2) The person undertaking the review must give the Minister a written report of the review.

(3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.

80.2P Implied freedom of political communication

This Subdivision does not apply in relation to a prohibited symbol that is the Nazi salute to the extent (if any) that this Subdivision would infringe any constitutional doctrine of implied freedom of political communication.