September 30, 2024
The Australian Federal Police has revealed it will investigate potential breaches of Counter-Terrorism Legislation following pro-Hezbollah protests in Sydney and Melbourne.
Despite outrage from political leaders, there had been no legal action against demonstrators who displayed Hezbollah symbols—a designated terrorist organisation—over the weekend.
Following confusion among state and federal law enforcement agencies, the AFP has finally announced an investigation on Monday.
An AFP spokesperson told SkyNews.com.au it expected “at least six reports of crime from Victoria Police relating to protests allegedly involving prohibited symbols and chants”.
While the AFP said it had not received any reports of crimes from NSW Police, the state authority told SkyNews.com.au “police seized two flags displaying a terrorist organisation symbol” in Sydney.
“Police are also investigating a number of further instances of a terrorist symbol being displayed. Investigations remain ongoing,” NSW Police said.
Assistant Commissioner for Central Metropolitan Region Peter McKenna said the state police would work under the Commonwealth Criminal Code.
“People have to know that they are carrying a symbol that is prohibited. Generally speaking, we give them the opportunity to remove that symbol, and if they don’t, and they continue presenting that symbol in a public place, then they may have committed that offence,” Mr McKenna told SkyNews.com.au.
“In NSW we work under sections of the Commonwealth Criminal Code Act and part of that legislation does say that it may be an offence to display a prohibited terrorism organisation symbol.”
“We did seize some flags yesterday and we have a number of investigations underway in relation to those people.”
NSW shadow police minister Paul Toole told SkyNews.com.au the protests in Sydney “showed alarming signs of radical ideologies and conflict inciting behaviour”.
“Police Minister (Yasmin Catley) is once again failing to assure the community of their safety,” Mr Toole said.
“The Minister’s silence on this issue is undermining the hard work of police officers on the ground and eroding what is left of the community’s trust in law and order in this state.”
The Federal Police confirmed the six instances from Victoria would be "investigated by the AFP for potentially breaching Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Act 2023".
The authority also indicated its intention to reach out to news outlets and request video footage from the protests.
Protesters flew the flag of the listed-terrorist organisation Hezbollah and displayed pictures of slain leader Hassan Nasrallah at demonstrations on Sunday.
There were also reports of chants calling for violence against Jews and inciting hatred.
Shadow home affairs minister James Paterson accused the AFP of “backflipping” after the agency initially indicated it would not charge protesters with any crimes.
Mr Paterson told Sky News on Monday: “It should have been very clear that we have a very serious problem in this country, that if we don't enforce the law, that problem is going to only get worse.”
“Finally, they (AFP) have heard the message from the opposition and from leaders in the community that what we have seen in Melbourne and Sydney on the weekend is totally and utterly unacceptable.”
Mr Paterson also called on the government to amend incitement to violence laws to “make it easier” to charge individuals for inciting crime and violence.
Political leaders have broadly condemned the protests but there has been confusion about whether protesters may be charged or by whom.
New South Wales Premier Chris Minns said on Sunday: “As Hezbollah is a terrorist organisation, we should not be importing conflict or radical ideologies from the region into our society.”
He indicated the need for law enforcement to address the protests and added: “Our social cohesion is not something we can afford to be taken for granted”.
Victoria Premier Jacinta Allan explicitly called for legal intervention and said on Monday: “I utterly condemn those actions and I expect the police agencies to pursue this”.
She insisted the offenders should be held accountable “not just for the displaying of a prohibited symbol but for the grief and pain... in our community”.
Prime Minister Anthony Albanese and Opposition Leader Peter Dutton also both condemned the “radical ideologies” on display.
Weekend protests are an attempt to ‘internalise and magnify’ differences in the Middle East
While no individuals have been charged, the AFP’s involvement has marked a significant development in the investigation process.
Earlier on Monday, Victoria Police revealed it was “aware prohibited flags were seen” and said it had made “appropriate referrals” to the AFP.
While the Federal Police have now confirmed it will investigate, it suggested the mere public display of prohibited symbols did not automatically constitute an offence without evidence of inciting hatred or violence.
They added that a prohibited symbol must be displayed in contexts that incite hatred or violence.
Some individuals at the protests reported hearing slogans calling for violence against Jews and video has captured the chant “Oh Jews, the army of Mohammad will return”.
NSW Police asserted it was “making enquiries regarding the protests” and said they would provide an update at a later time.
As of Monday afternoon, no individuals have been charged under laws regarding the display of prohibited symbols.
The AFP said: “The Criminal Code set outs very specific elements that must be met in order to charge an individual with a prohibited symbol offence.”
The Counter-Terrorism Legislation Amendment Bill has classified the Nazi Hakenkreuz, double-sig rune and Islamic State flag as hate symbols but does not mention Hezbollah.
The “prohibited symbol” definition does include for “something that so nearly resembles one of the above that is likely to be confused or mistaken for it”.
The Islamic State Flag has been noted as a “black emblem” with the words “There is no God but Allah, and Muhammad is his messenger” written on it.
Conversely, the Hezbollah flag has the writing “Party of Allah” and “Then surely the party of Allah are they that shall be triumphant” emblazoned above and below an assault rifle.
SkyNews.com.au has contacted the Victoria and New South Wales Police Ministers for comment.
