The “hate crime” bill that is being rushed through by the Australian government is officially called the ‘Combatting Antisemitism, Hate and Extremism Bill’. It is a sweeping piece of legislation introduced in response to the December Bondi Beach attack, so it is claimed.
The Bill aims to crack down on “hate speech,” particularly from religious or spiritual leaders (“hate preachers”), with a maximum penalty of 12 years in prison for inciting violence or promoting racial hatred.
“The ban on hate symbols will be strengthened, including by requiring a person caught displaying a symbol to prove that it was legitimate – a reversal of the burden of proof requiring prosecutors to prove a crime occurred,” The Sydney Morning Herald reports.
Adding, “Changes to migration law will allow the immigration minister to refuse or cancel visas if a person has associated with hate groups or made hateful comments, including online.”
It also introduces a new federal offence for inciting racial hatred or disseminating “ideas of racial superiority,” which carries a potential five-year prison sentence, and grants the Home Affairs Minister power to ban “hate groups” in the same way as terrorist organisations.
“The home affairs minister flagged the National Socialist Network and Hizb-ut-Tahrir as two possible targets of the law, but we don’t yet know which organisations might qualify as hate groups and be listed down the track,” an article in The Conversation pointed out.
Critics, including legal experts, civil liberties groups and opposition figures, have raised serious concerns about the speed and lack of scrutiny of the Bill. The government released the draft bill with only three days for public submissions and held a snap parliamentary inquiry with limited participation.
Experts warn the legislation may undermine free speech, fail constitutional tests and risk unintended consequences due to vague language and rushed drafting.
The Guardian pointed out yesterday that as Members of Parliament (“MPs”) prepare for an early return to Canberra to consider Labor’s draft bill, the bill looks friendless as criticism and opposition to it are coming from all quarters.
“The Greens represent the only viable pathway for the legislation in the Senate,” The Guardian said. “[Greens] Leader Larissa Waters said on Friday that negotiations would continue but the risk that the legislation could criminalise legitimate political expression was too great based on the current draft.”
“That is a dangerous path,” Waters said, asking why legal protections would be extended to one vulnerable group in the community but not others. Labor says it is open to passing new laws to include protections for LGBTQ+ Australians and people with disabilities in the future.
In the following, Nation First looks into how the Combatting Antisemitism, Hate and Extremism Bill 2026 criminalises belief, punishes influence and puts ordinary Australians at risk for speaking their minds.