2nd Man Charged Over ‘Nazi Salute’

Victoria introduced legislation banning the Nazi salute in October

A man gives a Nazi salute during a protest against Drag Story Hour outside the Queens Public Library on December 29, 2022 in New York. Yuki Iwamura/AFP via Getty Images

A man has been charged in Victoria for allegedly performing the Nazi salute in Melbourne, Victoria.

He is the second to have been arrested over the new laws that passed the Victorian Parliament in October.

The man, 55, was also charged with alleged stalking and threats to kill on Nov. 16. This follows police attending a Melbourne home on Nov. 12 after a noise complaint.

Police allege the man performed the salute outside a residential address in Mason Street, in the suburb of Newport, at 3.50 a.m. in the morning.

“The 55-year-old Newport man has been charged with performing a Nazi gesture, stalking, and threats to kill,” the Victorian police said.

“He has been bailed to appear before Melbourne Magistrates’ Court on 8 January 2024.”

A man, 24, was charged for allegedly performing the Nazi salute in Victoria outside a Melbourne court on Oct. 27.

Nazi Salute Legislation in Victoria

The Victorian Labor government fast-tracked legislation through Parliament in October to ban the Nazi salute.

Under the laws, fines of up to $23,000 (US$15,0oo) can apply to those caught either displaying a Nazi symbol or performing a Nazi gesture. The law has been in force since Oct.21 after receiving royal assent.

The Victorian Liberal Party also supported the legislation, although there were some concerns raised about the Bill.

At the time the Bill was legislated in Parliament, libertarian-leaning MP David Limbrick said, “History rarely sides with the censors.”

“This bill, the way it’s come before this Parliament as a knee-jerk response, I think is ill-considered, counter-productive, and frankly dangerous,” Mr. Limbrick said.

He said in the current climate, there was a tendency to smear anyone that disagreed with them as a “Nazi” and that included the government.

The legislation (pdf) modifies the Summary Offences Act 1966 to make “the public display or performance of Nazi gestures” an offence, as well as broadening “the application of the offence of public display of Nazi symbols.”

There is an exemption if the Nazi gesture was performed for “genuine academic, artistic, educational, or scientific purpose.”

Exceptions also apply for “law enforcement” or administration of justice purposes, the government said.

Victorian Premier Jacinta Allan, in a social media post on Oct. 17, said, “I wish making these new laws wasn’t necessary, but we'll always do what we need to do to tackle hatred, antisemitism, and racism.”

The Victorian government said displays of Nazi symbols and gestures caused harm to members of the community.

“The ban sends a clear message that Nazi ideology and the hate it represents is not tolerated in Victoria,” the government said.

“The Hakenkreuz and the Nazi salute are the most widely recognised symbol and gesture used by the Nazi Party. They are used to incite hatred towards members of the Victorian community, which is why they have been explicitly banned.”