Following the Moscow theatre hostage crisis in 2002, Australian politician Fred Nile asked whether the then state minister of police would consider banning full-body coverings like those worn by the Chechen terrorists from parliament and public gathering places in order to prevent the carriage of weapons or explosive devices. On 23 June 2010, Nile introduced a bill into the Legislative Council to criminalize the public wearing of any face covering which prevents the identification of the wearer,[4] including the burqa and niqab. He again in 2014 put up a bill that would ban the burqa and niqab.[5][6]
In 2010, Senator Cory Bernardi wrote an opinion piece calling for a ban on wearing the burqa in public.[7]
In September 2014, Senator Jacqui Lambie announced plans to introduce a private member's bill aimed at banning the burqa in Australia.[8] In February 2017, she introduced a private member's bill which would amend the Criminal Code Act 1995 to make it illegal to wear full-face coverings in public places when a terrorism threat declaration is in force, unless it was necessary for certain purposes.[9]
Arguments
A main argument for the burqa ban is security, especially in government areas such as Parliament House. It has been suggested that rather than a blanket ban, people wearing face coverings be required to show their face for 'security and identification purposes' in these places exclusively.[10]
Those for the ban have argued that men force Islamic women to wear the dress; however, Islam does not require women to cover their faces. Some Islamic women say they feel 'naked' walking out without wearing a burka, and that a ban would effectively 'force' them to stay at home.
The ban has been criticised for conflicting with Section 116 of the Constitution, which prohibits the federal government from making any law 'prohibiting the free exercise of religion'.[11]
State-level enforcement
In September 2011, Australia's most populous state, New South Wales, passed the Identification Legislation Amendment Act 2011 requiring a person to remove a face covering if asked by a state official. The law is viewed as a response to a court case in 2011 where a woman in Sydney was convicted of falsely claiming that a traffic policeman had tried to remove her niqab.[12]
A 2017 poll of 2,832 Australian residents conducted by Sky News Australia and ReachTEL found that more than half of respondents either supported or strongly supported banning the burqa in public spaces.[16]
