Advisory Report on the Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023

REPORT - November 2023

Inquiry home page Committee home page

Membership of the Committee

Terms of reference

List of recommendations

Chapter 1 - Introduction

Conduct of the inquiry
Report structure
The Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023

Chapter 2 - Consideration of the Bill

Chapter 3 - Committee comment

Background
Banning of the Nazi Salute
Under the external affairs power, the Commonwealth can legislate to implement treaty obligations
Australia has international obligations that require the prohibition of racist symbols
The Bill expressly acknowledges the prohibition of the display and trade of Nazi symbols based on Australia’s obligations under International law:
Treaty obligations that require Australia to eliminate racist propaganda and incitement to racism do not distinguish between symbols and behaviours
There are other heads of power which allow the Commonwealth to ban Nazi salutes in some cases
Summary

A. List of submissions

B. Witnesses appearing at the public hearing

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