Displaying a Nazi symbol in public — or performing a Nazi salute — will be punishable by up to five years in prison under new laws that will be introduced to Parliament on Wednesday.
The WA crackdown comes amid a recent rise in anti-Semitism following the outbreak of the Israel-Gaza war in the wake of a Hamas-led attack on the Jewish state on October 7.
Under the proposed laws, it would become illegal to display a wide range of Nazi symbols in a public space.
They include the Hakenkreuz — better known as the swastika — as well as the Nazi flag and eagle, SS bolts and depictions of the Nazi salute.
The laws specifically outlaw tattoos and graffiti of Nazi symbols and capture symbols displayed on private property that can be viewed by the public — such as a flag in the window of a home.
Purposefully performing the Nazi salute in public would also become illegal.
In all instances, the maximum penalty if convicted on indictment for the most serious offences — is up to five years in jail.
Less serious offences dealt with by a Magistrate would attract fines of up to $24,000 and two years imprisonment.
Premier Roger Cook said WA was an “ethnically diverse” melting pot and that “vilification and hate crimes have no place”.
“The display of Nazi symbols is offensive to most people, particularly to the Jewish community, survivors of the Holocaust and their families, and those who have fought against fascism,” Mr Cook said.
“These laws will help to keep our community inclusive, fair and harmonious.”
The proposed WA regime goes further than national laws — which came into effect in January — that criminalised the Nazi salute and displaying a swastika or SS bolts in public.
The Commonwealth laws carry a maximum penalty of one year in jail, and do not extend to the Nazi flag and Nazi eagle.
The WA legislation would also hand WA Police the ability to issue notices for the removal of Nazi symbols being displayed in a public place, such as through graffiti on the side of a building.
The recipient of such a notice which could be the building owner, lessee, or occupant — would have a maximum of 14 days to have the offensive material removed.
Attorney General John Quigley said the new laws — first promised in January 2023 — were designed to “broadly align” with similar legislation already in place in other States, including NSW, Victoria and Queensland.
“These laws will address serious vilification and hate crimes against culturally diverse groups by making it a criminal offence to display hate symbols to invoke fear in others,” Mr Quigley said.
“The legislation will protect against this form of discrimination and hold perpetrators who commit these crimes to account.”
The Bill includes a number of safeguards. Inadvertent Nazi salutes — such as sticking a hand up to hail a taxi — will not be illegal.
Displaying a Nazi symbol will also remain legal in a range of specific circumstances, such as in the context of an artistic, religious or academic setting or for fair and accurate media reporting.
The introduction of the new laws comes just days after Labor MP Kate Doust told Parliament a “massive swastika” and “very offensive words” had been graffitied on the wall of one of her neighbours.
“Dealing with the Jewish community at the moment on a range of levels, I know that these types of actions that seem to be sadly increasing in frequency… is causing significant distress to individuals in that community,” Ms Doust said.
Mr Quigley is on Wednesday also set to introduce new GPS tracking laws for alleged domestic violence perpetrators, first announced last October in the wake of the murder of Georgia Lyall at the hands of her former partner Luke Noormets.