Why police can’t stop neo-Nazis marching in Australia

In Victoria and NSW, it is illegal to display Nazi symbols or perform Nazi salutes in public. The maximum penalty for the crime is a $23,000 fine or up to a year in prison.

But, in the absence of Nazi symbols or salutes, there is nothing to stop protests with “uncomfortable” or offensive messaging.

In 2014, the Napthine government gave police broad powers to move people on — including when protesters were obstructing buildings or traffic — but the Andrews government repealed those laws in 2015, and introduced an exception for protests.

The issue is whether the presence of neo-Nazis was considered a genuine protest, a counter-protest, or a riot or attack instead, Deakin law school associate professor Dr Maria O’Sullivan said said.