A parliamentary inquiry considering whether new laws should be introduced to outlaw the display of Nazi symbols, has heard the ban could backfire.
The inquiry in NSW is examining a proposed law that would criminalise displaying Nazi symbols, and a range of exemptions to the offence, including when used in films, museums or by religious groups.
Today, NSW Police Deputy Commissioner Dave Hudson told the inquiry banning the swastika might not be the right approach.
"When you force something underground it gains a certain mystique and attraction for certain individuals," he said.
"We're not dealing with people who are mainstream Australia, we have individuals who align themselves to extreme right-wing ideology.
"The type of individuals that we deal with, will certainly be attracted to the prohibition of this type of symbol."
While Deputy Commissioner Hudson had reservations about the bill's operation, he emphasised new laws were needed to help stamp out extremist activity.
"Any criticism I have of this bill is not in relation to its intent, but in relation to the mechanics of how it might operate," he said.
He said police had noticed a rise in extremist behaviour in NSW over the past two years, including in Orange, Albury and the South Coast.
"We're seeing an increase in extremist behaviour through COVID lockdowns, especially recruitment and engagement online," he said.
"Many of the individuals and most of the last arrests we have made in relation to extremist behaviour, right wing extremist behaviour, have been in rural New South Wales."
In September last year, counter-terrorism police arrested a 26-year-old man, accused of having a blueprint to 3D-print a gun, and video of the raid showed a Nazi flag on the wall of the home.
Shadow Police Minister Walt Secord, who is proposing the new law, said that in 2020, there were 31 instances where police were notified about a Nazi flag being displayed, but were powerless to stop it.
It included an incident in April 2020, where it was flown from a home in Newtown, opposite a synagogue.
"It's not against the law to do it," Mr Secord said.
"It's deeply offensive, it's a symbol of genocide."
On whether the ban could empower extremists, Mr Secord said: "I reject that."
"Someone who is carrying a Nazi flag in public is just beyond the pale."
The bill has support from Jewish groups, as well as the Hindu community, for whom the swastika is an ancient religious symbol.
There are exemptions in the proposed legislation for Nazi symbols to be displayed for religious, educational, historic, artistic and other legitimate purposes.
The Anti-Defamation Commission Chairman Dvir Abramovich described the bill as a "moment of truth" to tackle a real and pressing issue.
"Anti-semitism in Australia is not history it is news," he said.
Last year Victoria began the process of outlawing the display of the hate symbols, including swastikas, in public places.
The swastika is banned in 12 countries, including Germany, France, Austria and Russia.
