Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026; Consideration in Detail

Burke advised the House on procedural matters, noting the intention to deal with remaining amendments without debate to ensure all members could present their contributions within the time limits.

Scamps supported the bill's aim to combat antisemitism but moved amendments to raise the threshold for offences related to training, funding, or supporting listed hate groups. The member argued the current framework was overly broad and risked criminalising association rather than conduct, citing concerns from the Australian Human Rights Commission about procedural fairness.

Chaney moved an amendment to make decisions by the AFP Minister regarding hate group listings reviewable by the Administrative Review Tribunal. The member argued that significant powers required safeguards against misuse, particularly given the exclusion of procedural fairness rights in the current bill.

Spender backed the legislation but proposed changes to expand aggravated sentencing triggers to cover animosity rooted in faith, gender, how one identifies sexually, gender identity, intersex status, or impairment. The member contended that restricting safeguards to race and ethnic origin conflicted with the aim of shielding all Australians from hatred.

Joyce moved amendments to remove provisions allowing the bill to apply to conduct that constituted an offence under state or territory laws. The member argued the bill had expanded beyond its original scope regarding antisemitism and created dangerous legal uncertainty by incorporating varying state definitions of hate crimes.

Boele moved amendments to introduce a two-year sunset clause and to include advocating terrorism and genocide in the definition of hate crimes for banning groups. The member criticised the haste of the legislative process and argued that excluding terrorism from the hate crime definition was illogical given the bill's purpose.

Ryan moved an amendment requiring annual reporting on the operation of hate offences, including data on prosecutions, convictions, and sentences. The member argued that insufficient evidence-based information existed on the effectiveness of current laws and that regular reporting would guide future policy assessments.

Steggall moved amendments to broaden the definition of hate crimes to include religion and other attributes, remove the undefined concept of secular pastoral care from aggravated offences, and raise the visa cancellation threshold from 'might' to 'reasonable risk'. The member argued the bill granted excessive ministerial discretion and lacked adequate safeguards.