Senate debates

Tuesday, 20 January 2026

Bills

Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Bill 2026; Second Reading

5:46 pm

Photo of David PocockDavid Pocock (ACT, Independent) Share this | Hansard source

I rise to speak to the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Bill 2026 and foreshadow a second reading amendment in my name and in the names of Senators Lambie, Tyrrell, Payman and Thorpe. I begin by, again, expressing my deep condolences to the victims of the horrific ISIS inspired antisemitic terrorist attack in Bondi that targeted members of the Jewish community. To the families that lost loved ones, to those who were injured and to a community that has been left shaken and grieving, our thoughts remain with you.

What occurred in Bondi was not just an attack on individuals; it was an attack on a community and an attack on the freedom to live, worship and gather without fear, and it has left a deep scar on our country. The men who perpetrated that atrocity should never, ever have been able to access firearms. Australians are united in the wake of that tragedy, and we must do everything in our power to ensure that this never happens again.

Before I turn to the substance of this bill, I want to acknowledge a broader truth. Trust in politicians and in government in this country is bad and is getting worse. Frankly, after what we've seen in the parliament in recent days, it's not hard to see why. Australians expect this parliament to act decisively, but they also expect us to act carefully and consult effectively, to actually collaborate and ensure that we are passing good laws. At its core, this bill seeks to do something that Australians overwhelmingly support—to prevent firearms from falling into the hands of terrorists and others who seek to do harm. That principle is totally uncontroversial. Australians want strong firearms laws. We want dangerous weapons kept out of dangerous hands. And they want governments at every level to work together to make that happen.

Over the weekend, I surveyed people here in the ACT, and nearly 1,000 people responded. Eighty per cent told me that they support or strongly support state and territory firearm buyback schemes backed by the federal government, and 93 per cent support or strongly support stronger import controls on firearms. That is overwhelming support for stronger action.

But the hundreds of thousands of responsible law-abiding firearm owners must not be treated as collateral damage in our response to terrorism. Farmers, pest controllers, sporting shooters, veterans, people who use firearms legally and responsibly for agriculture, for invasive species control and for recreation—these Australians are not the problem, and many of them are deeply unsettled right now. Many of them are angry. Many of them feel attacked by this legislation and by the lack of detail and time for consultation with people in that community. Because of the way that this bill is being rushed through the parliament, there has been minimal consultation. There has been limited scrutiny, and this has created a vacuum of information. In that vacuum, we've seen uncertainty, confusion and misinformation. I've heard directly from people who I represent here in the ACT who feel under attack, who do not understand what these laws will mean for them and who are struggling to get clear answers from the government. That is not how good laws are made.

Yesterday, I held two roundtables to hear from people across the spectrum on this issue. I heard strong support for the intent of this bill, but I also heard serious, very legitimate concerns. I heard from gun-control advocates who told me that without proper resourcing and enforcement legislative change alone will not deliver the outcomes that we need. I heard from community advocates that any reform of the regulation of firearms should also look at how we can continue efforts to stop family, domestic and gendered violence. I heard from organisations representing firearms owners who told me they have deep concerns about implementation, vague definitions, procedural fairness and uncertainty around compensation.

Many questions remain with this legislation. The farcical way that the Labor government has decided to deal with this legislation means there will likely be no Committee of the Whole. There will be no time to ask questions to clarify some of these concerns. It means that these questions will likely remain. Will buybacks offer fair market value for firearms and ammunition? What about ammunition? If firearms are bought back, what happens to the hundreds of thousands of shells of ammunition out there? What happens to the small businesses that may be forced to shut their doors due to changes at a state or territory level? What exactly is captured by terms like 'firearms and explosives manufacturing material' in the context of these new offences? Does it apply to farmers or to pest controllers who are reloading at home? It's very hard to get any clarity on that. Where is the funding for security agencies, law enforcement and Home Affairs to implement the scheme? I've been banging on about resourcing for the AFP for the last 3½ years. If this is important, we have to resource it. We have to resource it better. These aren't fringe concerns. They are reasonable questions, and too many of them remain unanswered.

Outside the legislation, questions are being asked about why it's taking so long to stand up a national firearms register. In the ACT, more than 4,000 gun licences are administered on a paper based system—a paper based system in 2026. One part of this bill that I do unequivocally welcome is the strengthening of information sharing and background checks. If we are serious about preventing another atrocity like Bondi, intelligence must flow more effectively between agencies. The federal government has a clear role to play here in the coordination between ASIO, the AFP, state and territory police, and firearms registries. The federal government also has an important role in strengthening import controls and in supporting nationally consistent approaches to buybacks. Stopping acts of terror requires preventing those who wish to commit acts of evil from accessing the tools to carry it out.

But support for the intent and the majority of the provisions of this bill does not excuse the failure of process. Ramming complex legislation through parliament without adequate consultation undermines trust. That is why, while I support this bill, I cannot ignore the serious deficiencies in how it is being handled. We owe it to the victims of the Bondi attack, the Jewish community and all Australians, including those who lawfully own and use firearms, to get this right. For that reason, I'll move a motion that, once passed, this bill be referred to the Senate Legal and Constitutional Affairs Legislation Committee for inquiry to report by 2 March 2026. That inquiry will allow this Senate to hear from the community, test the legislation, identify unintended consequences and make any necessary amendments without delaying the urgent protections Australians rightly expect. I will also put forward an amendment to establish an independent statutory review of this legislation in two years time. I'm hopeful that these amendments, put forward in good faith, will help to improve public trust in these laws and in our political process.

Just over a month ago, we witnessed the worst terrorist attack on Australian shores in our history, targeting the Jewish community. It was an attack that shook our nation. I support this bill as part of the response to the attack, but there is much more that needs to be done to combat antisemitism and to combat all forms of hate, and we must never lose sight of that.

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