Brisbane Rally Sparks Outrage as Hamas Flag Appears, David Crisafulli Demands 'Full Force of Law'

By Sammi

A pro-Palestine rally
A pro-Palestine rally Photo Grok


A pro-Palestine rally in Brisbane has ignited a firestorm of controversy after a flag associated with the designated terrorist organization Hamas was reportedly flown. The incident has drawn a sharp rebuke from Queensland's Opposition Leader, David Crisafulli, who has called for the person responsible to "bear the full force of law." Queensland Police are currently investigating the matter.

The rally, which saw tens of thousands of people march through Brisbane's CBD, was part of a coordinated, nationwide day of action for the Palestinian cause.1 Organizers hailed the event as one of the largest pro-Palestine protests in the city's history, with participants calling for a ceasefire, an end to the arms trade with Israel, and sanctions on the Israeli government.2 The event featured speeches from various community leaders and politicians, including Greens Senator Larissa Waters.3

However, the event's peaceful message was overshadowed by the alleged display of a Hamas flag. Images and reports of the flag quickly circulated, leading to widespread condemnation. David Crisafulli was quick to voice his anger, emphasizing that such symbols have no place in Queensland.

"There is no room for anti-Semitism in Queensland—none," Crisafulli said in a previous statement on a related topic, a sentiment he reiterated in the wake of this new incident. He has consistently spoken out against what he calls "anti-Semitic incidents" and has previously met with leaders of Queensland's Jewish community to address their concerns. Crisafulli's strong stance reflects a broader political position that condemns the display of symbols linked to terrorism and hate.

The flying of the Hamas flag is a deeply provocative act. Hamas, which governs the Gaza Strip, is listed as a terrorist organization by Australia and many other nations.4 Its charter calls for the destruction of Israel, and it has been responsible for numerous acts of violence and terror. The display of its flag is not simply a political statement but is seen by many as a direct endorsement of violence and a cause of significant fear and distress, particularly within the Jewish community.

Queensland Police confirmed they are investigating the matter. The outcome of their investigation will be closely watched, as it will determine whether the act constitutes a crime under Australian law. While freedom of speech is a cornerstone of a democratic society, it does not extend to inciting violence or promoting terrorism.

This incident highlights the complex and often tense nature of public discourse surrounding the Israeli-Palestinian conflict. While many Australians feel a strong desire to show solidarity with the people of Palestine and protest the humanitarian crisis in Gaza, the presence of symbols associated with terrorism risks alienating public support and undermining the peaceful intent of the majority of protestors. As the police investigation continues, the focus remains on ensuring that the right to peaceful protest is balanced with the need to protect all members of the community from acts of intimidation and the promotion of hate

Flying a Hamas flag in Australia can have serious legal implications, primarily because Hamas is a listed terrorist organization under Australian law.1 The specific charges and penalties depend on the circumstances, but recent legislative changes have made it a criminal offense.

Here is a breakdown of the legal implications:

1. New Laws on Public Display of Hate Symbols

The Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Act 2023 made it a specific criminal offense to publicly display symbols of designated terrorist organizations.2 The new law came into effect to address concerns about the public promotion of hate and violence.3

  • The Offense: It is a crime to publicly display a symbol used by a terrorist organization or its members to identify the organization.4 This includes flags, logos, and other insignia.5

  • Key Conditions: For a person to be charged, the prosecution must prove they knew the symbol was associated with a prohibited terrorist organization.6 The offense does not apply if the display is for a legitimate purpose, such as for academic, educational, artistic, or journalistic reasons.7

  • Penalty: The offense of publicly displaying a prohibited symbol is punishable by up to 12 months in prison.8

2. Advocating Terrorism

Beyond the public display of symbols, a person flying a Hamas flag could face more severe charges if their actions are deemed to be "advocating terrorism."9

  • The Offense: The Criminal Code Act 1995 includes an offense for a person who "advocates" the doing of a terrorist act or the commission of a terrorism offense.10 Advocating is defined as counseling, promoting, encouraging, or urging such acts.

  • Connecting the Flag to Advocacy: The context in which the flag is flown is crucial. If the act of flying the flag is accompanied by speeches, chants, or other actions that encourage or glorify a terrorist act, it could be considered advocating terrorism. For example, praising a specific terrorist attack while waving the flag could lead to this charge.

  • Penalty: The maximum penalty for advocating terrorism is up to 7 years in prison.11

3. Incitement of Violence

While a federal offense exists for advocating terrorism, state laws may also apply. In New South Wales, for example, the Crimes Act makes it an offense to, by a public act, threaten or incite violence against a person or a group of people based on their race, religion, or other protected attributes.12

  • The Offense: Public acts, which can include the display of flags, that are intended to incite violence against a group can be prosecuted.13

  • Relevance to Flying a Hamas Flag: If a court determines that flying a Hamas flag at a rally is a public act that incites violence against a particular group, such as the Jewish community, the person could be charged under these state-based provisions.

Real-World Application

Police and legal authorities have stated they will investigate and prosecute those who display symbols of terrorist organizations.14 In October 2024, an Australian woman was charged for displaying a Hezbollah flag at a rally in Sydney, with police stating she was being charged for "publicly displaying the symbol of a prohibited terrorist organization."15

While the right to peaceful protest and freedom of expression are protected in Australia, these rights are not absolute and do not extend to actions that promote or incite violence, hatred, or terrorism. The new laws and existing counter-terrorism legislation provide a clear legal framework for authorities to act on the public display of symbols from groups like Hamas.16





Location: Brisbane QLD, Australia

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