SUMMARY OFFENCES ACT 1966 - SECT 41I Statement for this Division

SUMMARY OFFENCES ACT 1966 - SECT 41I

In enacting this Division, the Parliament recognises the continued importance of the swastika as an ancient and auspicious symbol of purity, love, peace and good fortune in Buddhist, Hindu, Jain and other religions. The swastika has had immense significance to these faiths for millennia, long before it was misappropriated by the Nazi Party and Third Reich in Germany. The misuse of the swastika is an affront and cause of deep regret to people of the Buddhist, Hindu and Jain religions. The swastika continues to be embraced by members of these religions and can be found in places of worship, architecture and religious books, as well as in commercial and personal settings such as people's homes.

The distorted version of the symbol is also known as the Hakenkreuz (meaning twisted or hooked cross in German). The Hakenkreuz became a symbol of the Third Reich, under which heinous crimes were perpetrated against humanity, particularly the Jewish people. The Hakenkreuz is a symbol of antisemitism and hatred and of an ideology fundamentally incompatible with Victoria's multicultural, multiethnic and democratic society.

While the Hakenkreuz is perhaps the most recognised symbol of the Third Reich, gestures and other symbols associated with the regime, including the Nazi salute, also incite antisemitism and hatred. As with the Hakenkreuz, the Nazi salute and these other symbols and gestures used by the Nazi Party have no place in Victoria and cause harm to many Victorian communities.

S. 41J inserted by No. 29/2022 s. 3.