Question Time AU

Bill Debate · Limitation of Debate

Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026; Limitation of Debate

Senate · Tuesday 20 January 2026

Official Hansard for this day (APH) · Read this debate on OpenAustralia

At a glance

The Senate debated amendments moved by Senator Fatima Payman to clarify the scope of protected speech within the bill. The proposed changes sought to explicitly state that criticism of Israel, Zionism, or the Israeli Defence Force constitutes protected political speech rather than hate speech, citing a Federal Court judgment. Additional provisions aimed to safeguard the rights of Aboriginal and Torres Strait Islander peoples and ensure compliance with international human rights instruments. The amendments were subject to multiple divisions, with some passing and others failing.

Outcome

The amendments were subject to twenty-two divisions, with divisions 11, 18, and 22 passing, while the remaining divisions were not passed.

Summary in reported speech - not a transcript. AI-generated, so check the official record before quoting.

How the debate unfolded

Opened the debate

Payman moved amendments on behalf of herself and Senator Thorpe to insert specific notes into the bill. Payman argued that criticism of the state of Israel, the Israeli Defence Force, or Zionism should not be inherently treated as criticism of Jewish people. The amendments referenced the Federal Court judgment in Wertheim v Haddad to define such criticism as protected political speech. Payman also sought to include general provisions protecting the self-determination of Aboriginal and Torres Strait Islander peoples and ensuring alignment with international civil and political rights covenants.

Votes during this debate

Division 8: Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026; Limitation of Debate Not passed 16–43 Division 9: Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026; Limitation of Debate Not passed 6–52 Division 10: Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026; Limitation of Debate Not passed 12–49 Division 11: Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026; Limitation of Debate Passed 39–18 Division 12: Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026; Limitation of Debate Not passed 26–36 Division 13: Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026; Limitation of Debate Not passed 9–49 Division 14: Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026; Limitation of Debate Not passed 21–42 Division 15: Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026; Limitation of Debate Not passed 14–46 Division 16: Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026; Limitation of Debate Not passed 17–42 Division 17: Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026; Limitation of Debate Not passed 13–50 Division 18: Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026; Limitation of Debate Passed 44–13 Division 19: Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026; Limitation of Debate Not passed 12–46 Division 20: Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026; Limitation of Debate Not passed 22–36 Division 21: Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026; Limitation of Debate Not passed 12–43 Division 22: Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026; Limitation of Debate Passed 38–22