Sophie Scamps (Mackellar, Independent) Share this | Hansard source

by leave—I move amendments (1) to (3) as circulated in my name together:

(1) Schedule 1, item 13, page 22 (after line 19), after paragraph 114B.4(1)(a), insert:

(aa) either:

(i) the person intends the training to facilitate the commission of a hate crime; or

(ii) the training is likely to materially assist the commission of a hate crime; and

(2) Schedule 1, item 13, page 23 (after line 9), after paragraph 114B.5(1)(a), insert:

(aa) either:

(i) the person intends the funds to facilitate the commission of a hate crime; or

(ii) the funds are likely to materially assist the commission of a hate crime; and

(3) Schedule 1, item 13, page 24 (after line 15), after paragraph 114B.6(1)(a), insert:

(aa) either:

(i) the person intends the support or resources to facilitate the commission of a hate crime; or

(ii) the support or resources are likely to materially assist the commission of a hate crime; and

All Australians, including Jewish people, have the human right to feel safe in Australia, and, over the last two years, we've witnessed a deeply troubling escalation in antisemitism that has left many Jewish Australians feeling vulnerable to violence in their own communities. This bill seeks to respond to that reality. Whilst I fully support efforts to criminalise the incitement of racial hatred and to prohibit organisations that actively promote or encourage such hatred—these are important and necessary steps—we must also, while seeking to protect one right, ensure that we do not erode others. Our response must be proportionate, well calibrated and firmly grounded in human rights principles.

I note the rushed nature of this debate and the lack of time in being able to get across this bill adequately, as well as the compressed nature of the bill. I also note that I had a second reading amendment that I would have liked to have introduced, but debate was curtailed, so I was not able to do that. That amendment noted that the Australian Human Rights Commission introduced a National Anti-Racism Framework in November of 2024 and the government has not responded. During the very limited consultation on the original exposure draft, numerous significant concerns have been raised, including by the Australian Human Right Commissioner. Many of those concerns remain unresolved in the current version of this bill.

One particular area of concern relates to the proposed prohibited hate groups framework. As identified by the Australian Human Rights Commission, this framework is overly broad, lacks essential procedural fairness and risks criminalising people on the basis of association rather than on their conduct or their intention. It is this critical aspect of the bill that this amendment addresses. In criminalising a wide array of activities, such as attending training or providing support after a group has been listed without clear evidentiary thresholds or fair-listing processes, the laws could capture people engaged in an activity that had nothing to do with promoting hatred or violence. Under this bill, a person could be prosecuted simply for receiving training from a listed organisation, even if the training had no connection to hate motivated conduct and the individual had no intention to be involved in hate motivated conduct. The threshold is extremely low for offences of such gravity. Remember that this could result in a person spending several years in jail.

This amendment clarifies that offences relating to training, funding or support would apply only where the conduct is intended to facilitate or is likely to materially assist the commission of a hate crime. This amendment responds to the recommendation of the Australian Human Rights Commission. It provides better balance, better targeting and better alignment with human rights principles, and, for that reason, I commend the amendment to the House.

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