Ash Ambihaipahar (Barton, Australian Labor Party) Share this | Hansard source

It is no secret that we are seeing a rise in antisemitism, hatred and extremism in this country, and, more recently, the nation experienced its darkest day, at Bondi Beach in December last year. The Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill is part of our response to this horrific event and a piece in the puzzle of restoring social cohesion in our wonderful nation.

There are key reforms presented in this bill that I want to highlight because a few constituents have reached out to me with claims about the bill's effects that are untrue and inflammatory. Such claims stem from online disinformation and, sometimes, from those across the chamber. I'm glad we've come together as a parliament to make these changes. Let's be clear about what they do and not fall into a dangerous echo chamber that seeks only to divide this nation.

Firstly, there's the introduction of a new aggravated offence for preachers and leaders and for adults radicalising children. Where these actors advocate for violence against others, they will face penalties of up to 12 years of imprisonment.

Secondly, the bill will significantly increase penalties for hate crimes. These will capture offences involving advocating or threatening force or violence against protected groups, members of groups, their close associates and their property. Penalties will increase from five to seven years for base offences and from seven to 10 years where there's an added threat to the public order.

Thirdly, the bill will amend the Crimes Act 1914 to introduce a new general sentencing principle that will require the courts, when sentencing a person for a Commonwealth offence, to consider an offender's hate motivation based on race or national or ethnic origin as an aggravating factor. This will encourage judges to apply a higher penalty within the maximum penalty range where hate motivation is a factor in the commission of a crime.

Moreover, this bill will establish a new framework within the Criminal Code to enable the listing of organisations as prohibited hate groups. Once an organisation is listed, it will be a criminal offence to direct the activities of, be a member of, recruit for, give funds to or participate in training involving the organisation. Amongst other tests, and before a group is listed, the AFP minister must also obtain the Attorney-General's agreement in writing and arrange for a briefing for the Leader of the Opposition. On top of this, the bill will strengthen and expand the prohibited hate symbols offences in the Criminal Code, and symbols of these hate groups will be listed under the new regime.

Finally, the bill will amend the Migration Act to enable earlier, clearer and more defensible refusal and cancellation of visas where a noncitizen poses a risk to the Australian community through conduct that promotes hate, vilification or division, while ensuring consistency with constitutional constraints and existing character powers. The proposed changes to the Migration Act will strengthen the existing character powers to better protect the Australian community from noncitizens suspected of engaging in hate-motivated conduct or extremism.

I had the opportunity to listen to a number of members of the House speak on the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Bill 2026 this morning. I think the reality is that we don't need a royal commission or an investigation. We can all watch the footage of what happened on that dreadful night of 14 December last year. The guns didn't fire themselves. The guns were in the hands of individuals who were holding hate and extremism in their hearts. The reality is that this particular bill shouldn't be addressed on its own. This legislation came as an omnibus bill, and it should be seen in its entirety. I ask those in the chamber to really look at the way the legislation is being presented to us today. The reality is that it was hatred and extremism that pulled the trigger.

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