House debates Questions without Notice

Racial Discrimination Act 1975

Tuesday, 25 March 2014 House of Representatives

Mark Dreyfus

Mark Dreyfus Isaacs, Australian Labor Party, Shadow Attorney General

2:27 pm

My question is to the Prime Minister. Can the Prime Minister explain whether the following racist bigotry would be prohibited under the government's proposal? I refer to the case of Jones and Toben in which infamous holocaust denier Fredrick Toben stated that there is serious doubt that the Holocaust occurred, that it is unlikely that there were homicidal gas chambers at Auschwitz, that Jewish people who are offended by and challenge Holocaust deniers are of limited intelligence, and other matters that I will not repeat. Toben said he was engaging in discussion of the Holocaust. Is the PM aware these statements breached section 18C?

Tony Abbott

Tony Abbott Warringah, Liberal Party, Prime Minister

2:28 pm

I make the point that the statements that are being quoted across this chamber by the shadow minister are abhorrent, they are offensive and they are wrong.

Unidentified interjection - Hansard doesn't record who said this

Opposition Members:

Opposition members interjecting—

Mrs Bronwyn Bishop

Mrs Bronwyn Bishop Speaker

The question has been asked. There will be silence while the Prime Minister answers.

Tony Abbott

Tony Abbott Warringah, Liberal Party, Prime Minister

What the government are proposing to do is to maintain the red light on inciting racial hatred, but we are removing the amber light on free speech, which section 18C, in its current form, maintains. That is what we are doing. We are also attempting to engage the community in this, as you would expect. I point out to the member opposite that what we have proposed today is an exposure draft of legislation. We are looking forward to further engagement with the community. Based on the engagement that we have with the community, over the next 30 days we will finalise the legislation and bring it into the parliament in the budget session.