Victoria Police say they have identified six possible criminal incidents related to the weekend protests in Melbourne against Israeli attacks on Lebanon, after initial suggestions no criminal offenses had been committed.
The AFP confirmed on Monday it expected at least six reports of alleged crimes from their Victorian counterparts involving symbols and chants banned under the federal incitement to hatred law. It also said it would write to major news outlets asking for video footage of the protests that could help with the investigation.
Some demonstrators at protests in the capital last weekend carried Hezbollah flags and portraits of leader Hassan Nasrallah, who was killed in an Israeli attack. These protesters have drawn criticism from the federal government, which has threatened to revoke the visas of anyone inciting "disunity" in Australia and warned against importing "radical ideologies of conflict".
The Hezbollah flag is considered a banned symbol as Australia has designated the group a terrorist organization.
Victorian Premier Jacinta Allan said she expected police to take action following the "completely unacceptable" display of Hezbollah flags during weekend protests in Melbourne.
"This is causing deep sadness and division here on the streets of Melbourne," she said. "I expect the police will pursue this."
"It is completely unacceptable to bring grief, pain and division to the streets of Melbourne by displaying these banned symbols."
AFP called on members of the public to inform it of any person "who incites violence or wears prohibited symbols while calling for the destruction of any group or individuals."
"The AFP will not tolerate those who break the law and will use its extensive capabilities and networks to take action," the report said, confirming that the circumstances surrounding the display of a banned symbol determined whether or not it was a criminal offense was. Such offenses carry a maximum prison sentence of twelve months.
New South Wales police allegedly pepper-sprayed a 13-year-old child and two others after officers tried to pull a Hezbollah flag from protesters at the Palestine-Lebanon rally in Sydney, according to legal observers.
Legal observers at Sunday's rally said police "indiscriminately" used pepper spray on the crowd after the protester failed to surrender the flag.
Earlier on Monday, Home Secretary Tony Burke issued a statement saying that "any indication of support for a terrorist organization is unequivocally condemned."
"It draws the immediate attention of our security forces," Burke said. "There are stricter checks on whether someone has a visa. "I have made it clear from day one that I will consider refusing and revoking visas for anyone who seeks to stir up discord in Australia."
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Anthony Albanese followed up Burke's statement with his own statement, issued ahead of Monday morning's Cabinet meeting.
"We saw worrying signs over the weekend," he said. "We don't want people bringing radical conflict ideologies here. Multiculturalism and social cohesion cannot be taken for granted and it is important that we continue to emphasize that this is also the case in the future."
Peter Dutton suggested that protesters were praising Hezbollah leader Nasrallah and that some were visa holders. The opposition leader did not provide any evidence to support the accusation.
"There are people living in fear in the Jewish community and there is absolute outrage at the glorification of a terrorist leader, which must certainly be against Australian law," Dutton - a former home affairs minister - told Brisbane Radio . 4 BC "And if that is not the case, parliament should be recalled to pass a law banning that."
Dutton said existing laws must be enforced.
"I find it completely unacceptable that the government would not already arrest people or revoke visas of people who glorify Hezbollah, Hamas and others. There is no place for them in our country."
On Sunday, the Australia Palestine Advocacy Network held a national day of action for Gaza, organizing rallies across the country.
Pro-Palestinian demonstrators gathered Sunday at the state library in Melbourne and Sydney Town Hall, and in smaller towns and villages, to protest the escalation of the conflict.
The treasurer, Jim Chalmers, condemned anyone who supported Hezbollah or Hamas.
"Any indication of support for any terrorist organization is completely and utterly unacceptable, whether it is Hamas or Hezbollah," Chalmers said. "These are designated terrorist organizations and I believe that any support for a terrorist organization should and will immediately attract the attention of our security services. There is a higher level of scrutiny for people who have visas."
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The head of Asio, Mike Burgess, said earlier this year that "rhetorical" support would not automatically disqualify someone from holding a visa, but support for a violent extremist ideology would.
Hate speech laws that came into effect earlier this year ban the display of banned Nazi and terrorist symbols.
Earlier on Monday, an AFP spokesperson said that for a banned symbol to be considered a crime, it must be displayed in circumstances where the behavior involves "spreading ideas based on racial superiority or hatred; inciting others to insult or intimidate any person; advocating hatred towards a person; advocating inciting others to offend; the intimidation or use of violence against a person or group on the basis of race, religion or nationality".
If the prohibited symbol is likely to offend, offend or intimidate people because of a defining characteristic it contains, it may also be an offence.
"Police officers have the power to order someone to remove a prohibited symbol from public display, but they do not have the power to remove the prohibited symbol itself from public display," the spokesperson said.
A spokesman for the Attorney General, Mark Dreyfus, said: "It is a matter for the police to determine whether action should be taken against those involved in the demonstrations."
- Jordyn Beazley contributed reporting
