Antisemitic chants heard in the recent pro-Palestine protest in Sydney would be treated as a hate crime under tough new Queensland laws aimed at cracking down on vilification, lawyers say.
The state passed new legislation on Thursday that moves serious vilification from the anti-discrimination act into the criminal code, makes it easier to prosecute and increases the maximum penalty from six months’ jail to three years.
Under the laws, the public display, distribution or publishing of a hate symbol when used to “menace, harass or offend” will also attract a maximum penalty of six months’ imprisonment.
At the protest on Monday, protesters were heard chanting “fuck the Jews” and “gas the Jews” on the steps of the Sydney Opera House.
Rita Jabri Markwell, a lawyer and adviser to the Australian Muslim Advocacy Network, said similar antisemitic remarks would now be treated as a hate crime in Queensland.
“Shouting comments that directly attack or express hatred for Jews … in a public place would be treated as a hate crime under this legislation,” she told Guardian Australia.
“Assault, threatening violence, stalking, disturbing religious worship and property damage are other areas of crime that will be treated as a hate crime where there is a whole or partial hate motive.
“Under this bill, the same protection would apply to any group based on race, religion, sexuality, sex characteristics or gender identity of a person.”
The president of the Queensland Jewish Board of Deputies, Jason Steinberg, said his community welcomed the passing of the new hate crime legislation.
“In today’s environment we are seeing vicious antisemitic statements in southern states calling for Jews to be killed, and in our own state we’re seeing rightwing extremists display Nazi hate symbols and peddle their rightwing propaganda,” Steinberg told Guardian Australia.
“The new laws should serve as a significant deterrent to anyone in Queensland who thinks it’s OK to be antisemitic, display Nazi hate symbols or threaten anyone who is of a different religion, race or gender.”
Before a symbol – such as a Nazi hooked cross – can be prescribed as a hate symbol, consultation must occur with the Crime and Corruption Commission, the Human Rights Commissioner and the commissioner of the Queensland Police Service.
A spokesperson at the department of justice said where an offender could be charged for chanting antisemitic remarks “would depend upon … whether the elements of the offence under the Criminal Code or the Summary Offences Act and the circumstance of aggravation could be proved”.
The chair of the committee looking into the legislation, Peter Russo, said it was anticipated hate symbols relating to Nazi and Islamic State ideology would ultimately be proscribed.
“This is a very positive step, although I understand there is scope for further improvements to be made,” he said.
Jabri Markwell said the laws balance freedom of speech “while recognising that there are certain lines that should never be crossed”.
The attorney general, Yvette D’Ath, said serious vilification and hate crimes had “no place in our communities”.
“The effects are corrosive, eroding trust and depriving individuals of their safety and sense of belonging,” she said in a statement.
Speaking to parliament on Wednesday, the shadow attorney general, Tim Nicholls, said the opposition supported the bill but did not agree “solely in passing more and more restrictive legislation on the freedom of speech”.
“The danger with that is that the tighter the squeeze, the more slips between the grasp.”
The LNP MP Sam O’Connor said “vilification must be called out” and condemned the antisemitic remarks heard in Sydney.
“Over the last couple of days the antisemitism on display in other parts of our country has been disgraceful,” he told parliament.
“Turning to the bill before us … any step we take towards reducing vilification and hate in our state is a crucial step towards promoting a more inclusive and safe society.”
The Greens MP Michael Berkman said his party supported the laws but called for stronger action to be taken, including giving the human rights commissioner the power to veto decisions regarding hate symbols.
