Carol Brown (Tasmania, Australian Labor Party) Share this | Hansard source

This bill is being debated in extraordinary circumstances. It comes after the antisemitic terrorist attack at Bondi, carried out on the first day of Hanukkah, a deliberate attack of targeted hatred that took innocent lives, traumatised survivors and turned a place of everyday safety into a scene of terror for Jewish Australians and the nation. In recalling parliament, our first action was to come together through the condolence motion to honour those who were killed and those whose lives were forever changed. Our next responsibility is to act.

This bill, the Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026, is about drawing clear lines around what Australia will and will not tolerate. It's about ensuring that those who seek to spread hatred, radicalise others or exploit positions of authority to encourage violence face consequences that reflect the seriousness of their conduct. This is about protecting Australians. The government originally developed an integrated package of reforms. That was the right approach. Hate does not exist in isolation. Extremism does not respect neat legislative boundaries. Criminal law, migration settings, firearms regulations and intelligence powers all intersect when it comes to public safety.

We govern in the parliament that Australians elected. Faced with the reality that the full package would not pass as one bill, the government made a clear and responsible choice: we split the legislation so the urgent and necessary reforms would not be delayed. This bill represents part of that original response that deals directly with criminal law and migration powers. It should not be read as a lesser response. It is a serious and substantial set of reforms.

This bill changes what happens when the hate moves from rhetoric into real harm. When a person in a position of authority uses their standing to advocate violence or threaten harm against a community, the law now responds with clarity. Influence brings responsibility. Where that responsibility is abused to radicalise or incite violence, the consequences are serious and reflect the risks created. When hatred escalates into threats, intimidation or violence, the law no longer treats those acts as isolated or incidental. Hate crimes are designed to do more than just injure an individual. They are intended to unsettle entire communities. This bill strengthens penalties so the law recognises that broader impact. Where a crime is driven by racial or ethnic hatred, courts are required to take that motivation into account at sentencing. That matters because crimes motivated by hate leave deeper and longer lasting harm, well beyond the moment the offence is committed.

The bill also addresses the organised nature of modern extremism. Groups that exist to promote or normalise hate based violence can now be disrupted before they embed themselves. The new listing framework targets recruitment, funding and coordination, supported by intelligence, advice, legal safeguards and parliamentary oversight. The public display of hate symbols is also dealt with more effectively. These symbols are used to intimidate, to glorify violence and to signal exclusion, including online. The changes in this bill strengthen enforcement in a modern context by preserving legitimate uses for education, journalism and historical discussion.

The bill further strengthens migration settings so that the people who seek to come to Australia to spread hatred or extremism can be refused entry or removed. Australia remains an open and welcoming country, but openness does not require tolerating those who seek to divide or incite harm. Taken together, these measures are not about overreach; they're about protection. They allow earlier intervention, clearer responses and stronger backing for communities who have been targeted by hate.

As a Tasmanian I cannot approach this debate without reflecting on Port Arthur. That tragedy changed our country. What followed was not perfect, but it was decisive. Across political parties and across jurisdictions, Australians chose safety over hesitation. That moment was defined by unity. We have, again, been confronted with a moment that demands the same resolve. Most people in this place understand that. Many have acted in good faith, but there has also been division. History remembers whether parliaments rose to the occasion.

This bill does not do everything—no single piece of legislation ever does—but it does something important. It moves the law forward. It responds to a real threat. The Jewish community has asked this parliament to act. This government has listened. Where consensus was possible, we have sought it. Where delay would have left Australians less safe, we have chosen progress. I commend this bill wholeheartedly to the Senate.