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to move people on — including when protesters were obstructing buildings or traffic — but the Andrews government repealed those laws in 2015, and introduced an exception for protests.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

“If we do characterise it as a protest, there is this exception in Victoria to the move-on powers … but the police still have a general power about the breach of the peace,” she said.

If Tuesday night’s protest went to court over chants of “white power” and “hail victory”, they would not meet international human rights law thresholds for violence, O’Sullivan said.

The same went for banners, O’Sullivan said.

The state government is looking at how it can strengthen Victoria’s anti-vilification framework. New draft anti-vilification laws were set to be ready by the end of the year, Premier Jacinta Allan said on Wednesday.

The laws are expected to bolster penalties, make it easier for Victoria Police to prosecute offenders, and separate the offences of incitement and making threats.