Sue Lines (President) Share this | Link to this | Hansard source

Pursuant to the order agreed to yesterday, the time allotted for debate on this bill has expired. I will now put the questions before the chair and then put the questions on the remaining stages of the bill. I will deal first with the second reading amendments, starting with the amendment moved by Senator Payman and also on behalf of Senators David Pocock, Lambie, Thorpe and Tyrrell.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

On behalf of the Australian Greens, I request that part (a) be put separately to part (b). I confirm that we will be voting differently on those two parts.

Sue Lines (President) Share this | Link to this | Hansard source

The question is that the amendment on sheet 3612 be agreed to. The Greens have requested the amendment be split. We are dealing with part (a).

Sue Lines (President) Share this | Link to this | Hansard source

The question is that part (b) of the amendment on sheet 3612 be agreed to.

Sue Lines (President) Share this | Link to this | Hansard source

Identical second reading amendments have been circulated by the Nationals and by Pauline Hanson's One Nation. I will only put the question once in respect of those amendments. The question is that the amendments on sheets 3621 and 3625 be agreed to.

National Party of Australia's circulated amendment—

Omit all words after "That", substitute "the bill be referred to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 2 March 2026".

Pauline Hanson's One Nation's circulated amendment—

Omit all words after "That", substitute "the bill be referred to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 2 March 2026".

Sue Lines (President) Share this | Link to this | Hansard source

The question now is that the bill be now read a second time.

Sue Lines (President) Share this | Link to this | Hansard source

I will now deal with the Committee of the Whole amendments, starting with the amendment circulated by the opposition. The question is that the amendment on sheet 3617 be agreed to.

Opposition's circulated amendment

(1) Schedule 1, page 42 (after line 18), at the end of the Schedule, add:

Part 8 — Burning or desecrating the Australian flag

Criminal Code Act 1995

67 After Subdivision B of Division 80 of the Criminal Code

Insert:

Subdivision BA — Burning or desecrating the Australian flag

80.1AD Burning or desecrating the Australian flag

A person commits an offence if the person burns or desecrates the Australian National Flag (within the meaning of the Flags Act 1953).

Penalty: Imprisonment for 2 years.

Sue Lines (President) Share this | Link to this | Hansard source

I will now deal with the amendments circulated by Senator McKenzie on behalf of the Nationals. The question is that the amendments on sheet 3613 and 3616 be agreed to.

Mehreen Faruqi (NSW, Australian Greens) Share this | Link to this | Hansard source

I ask that the amendments on sheets 3613 and 3616 be put separately.

Sue Lines (President) Share this | Link to this | Hansard source

The question is that the amendments on sheet 3613 be agreed to.

National Party of Australia's circulated amendments—

SHEET 3613

(1) Schedule 1, item 13, page 14 (after line 8), after subparagraph 114A.4(1)(a)(i), insert:

(ia) has glorified, morally supported or excused terrorism; or

(2) Schedule 1, item 13, page 14 (after line 12), after paragraph 114A.4(1)(a), insert:

(ab) if the AFP Minister has given the organisation a notice under subsection (6) asking the organisation to disavow violence and terrorism—there is no disavowal undertaking (see subsections (6) to (9)) in effect for the organisation; and

(3) Schedule 1, item 13, page 15 (after line 14), at the end of section 114A.4, add:

One-off disavowal undertaking process

(6) Before the Governor-General makes a prohibited hate group regulation specifying an organisation, the AFP Minister may give the organisation a written notice asking the organisation to disavow violence and extremism.

(7) The organisation may, before the end of 7 days after receiving the notice, give the AFP Minister a written undertaking (a disavowal undertaking) stating that the organisation:

(a) disavows violence and terrorism; and

(b) will not engage in, prepare or plan to engage in, or assist the engagement in violence or terrorism.

(8) For the purposes of paragraph 114A.4(1)(ab), a disavowal undertaking:

(a) takes effect for an organisation when it is received by the AFP Minister; and

(b) if, at any time after the undertaking is given, the AFP Minister becomes satisfied that it is reasonably necessary for the organisation to be specified by a prohibited hate group regulation to protect the Australian community or part of the Australian community against harm of any of the kinds referred to in paragraph 114A.1(1)(a)—ceases to have effect for the organisation when the AFP Minister becomes so satisfied.

(9) An organisation cannot give the AFP Minister a disavowal undertaking more than once (despite subsections (6) and (7)).

Sue Lines (President) Share this | Link to this | Hansard source

I will now deal with the second part of that question, which is the amendments on sheet 3616. The question is that the amendments on sheet 3616 be agreed to.

National Party of Australia's circulated amendments—

(1) Schedule 1, item 13, page 9 (lines 13 to 19), omit paragraph 114A.1(1)(a), substitute:

(a) protect the Australian community or part of the Australian community from politically motivated serious violence or the promotion of communal serious violence by prohibiting organisations that engage in, prepare or plan to engage in, or assist the engagement in, or advocate engaging in, conduct constituting a hate crime; and

(2) Schedule 1, item 13, page 10 (lines 4 to 9), omit subsection 114A.1(2).

(3) Schedule 1, item 13, page 12 (lines 28 to 31), omit paragraph 114A.3(2)(b), substitute:

(b) that would, in all the circumstances, cause a reasonable person who is the target, or a member of a target group, to fear violence.

(4) Schedule 1, item 13, page 13 (line 12), omit subparagraph 114A.3(5)(a)(i), substitute:

(i) causing serious harm that is physical harm to a person (the targeted person);

Sue Lines (President) Share this | Link to this | Hansard source

I will now deal with the amendments circulated by Senators David Pocock, Lambie, Payman, Thorpe and Tyrrell. As the amendments on sheet 3626 were not circulated within the required timeframe, they can only be considered by leave. Is a senator seeking leave?

David Pocock (ACT, Independent) Share this | Link to this | Hansard source

I seek leave for amendments on sheet 3626 to be considered.

Leave granted.

Sue Lines (President) Share this | Link to this | Hansard source

The question is that the amendments on sheet 3626 be agreed to—Senator Bell?

Sean Bell (NSW, Pauline Hanson's One Nation Party) Share this | Link to this | Hansard source

I ask that the amendment on sheet 3583 be put separately, as we intend to vote differently on that to the others.

Sue Lines (President) Share this | Link to this | Hansard source

I'll put that one now. The question is that the amendment on sheet 3583 be agreed to.

Senators D avid Pocock 's , Senator Lambie 's , Senator Payman 's , Senator Thorpe 's and Senator Tyrrell 's circulated amendments—

(1) Schedule 1, page 42 (after line 18), at the end of the Schedule, add:

Part 9 — Repealing mandatory minimum sentences for hate crime offences

Crimes Act 1914

68 Paragraph 15AAA(1)(a)

Omit "1AA", substitute "1C".

69 Section 16AAA (table items 1AA to 1B)

Repeal the table items.

70 Subparagraph 16AAC(2)(b)(i)

Omit "1AA", substitute "1C".

71 Subparagraph 16AAC(3)(b)(i)

Omit "1AA", substitute "1C".

72 Application

The amendments of the Crimes Act 1914 made by this Part apply in relation to conduct engaged in after the commencement of this item.

Sue Lines (President) Share this | Link to this | Hansard source

I'll now deal with the remainder of those amendments. The question is that the amendments on sheets 3610, 3615 and 3626 be agreed to.

Senator D avid Pocock 's , Senator Lambie 's , Senator Payman 's , Senator Thorpe 's and Senator Tyrrell's circulated amendments—

SHEET 3610

(1) Page 2 (after line 16), after clause 3, insert:

4 Review of operation of Act

(1) The Attorney-General must cause an independent review to be conducted of the operation of the amendments made by this Act.

(2) Without limiting the matters that may be considered when conducting the review, the review must consider the operation and appropriateness of the mandatory minimum sentences in table items 1AA, 1A and 1B in the table in section 16AAA of the Crimes Act 1914 for offences against the following provisions in the Criminal Code Act 1995:

(a) subsection 80.2BE(1) or (2) (advocating force or violence through causing damage to property);

(b) subsection 80.2H(1) (public display of prohibited Nazi symbols or giving Nazi salute);

(c) subsection 80.2HA(1) (public display of prohibited terrorist organisation symbols).

Consultation requirement

(3) The review must provide for public consultation, including providing for public submissions over a period of at least 2 calendar months.

Expert panel conducting the review

(4) The review must be conducted by an expert panel comprised of 3 members appointed by the Attorney-General.

(5) The Attorney-General must ensure that the members of the expert panel collectively possess experience or knowledge in all of the following fields:

(a) human rights;

(b) hate speech;

(c) criminal law;

(d) law enforcement;

(e) civil liberties;

(f) constitutional law;

(g) migration law;

(h) national security;

(i) intelligence.

(6) A member of the expert panel must not be any of the following:

(a) a person engaged under the Public Service Act 1999;

(b) a serving member of the Australian Defence Force, the Australia Federal Police or an Australian intelligence agency;

(c) a current or former member of the Parliament, or a current or former member of a Parliament of State or Territory;

(d) any other person who has a material conflict of interest in relation to this Act.

Timing of review

(7) The review must commence no later than 2 years after the day this section commences.

(8) The expert panel must complete the review before the end of the period of 12 months beginning on the day the review commences.

Attorney-General to be given report of review

(9) The expert panel must give the Attorney-General a written report of the review as soon as practicable after the review is completed.

Attorney-General to table report of review

(10) The Attorney-General must cause a copy of the report of the review to be tabled in each House of the Parliament within 10 sitting days of that House after the Attorney-General receives the report.

Government response to recommendations

(11) If the report sets out one or more recommendations to the Commonwealth Government:

(a) as soon as practicable after receiving the report, the Attorney-General must cause a statement setting out the Commonwealth Government's response to each of the recommendations to be prepared; and

(b) within 6 months after the day the report is first tabled in a House of the Parliament, the Attorney-General must table a copy of the statement in each House of the Parliament.

_____

SHEET 3615

(1) Schedule 1, item 11, page 8 (after line 28), after subsection 16A(2AAD), insert:

(2AAE) For the purposes of subparagraph (2)(mb)(i), a person's conduct is not taken to be motivated by hatred solely because it involves criticism of the policies, actions or institutions of a foreign state, or discussion of matters of international law.

_____

SHEET 3626

(1) Schedule 2, item 7, page 47 (after line 31), after subsection 500A(1C), insert:

Merits review

(1D) Despite anything else in this Act, Part 5 of this Act has effect as if a decision to refuse to grant, or to cancel, a temporary safe haven visa because of the application of subsection (1A) of this section is a reviewable migration decision.

(2) Schedule 2, item 11, page 49 (after line 34), after subsection 501(11B), insert:

Merits review

(11C) Despite anything else in this Act, Part 5 of this Act has effect as if a decision to refuse to grant, or to cancel, a visa because of the application of subsection (6A) of this section is a reviewable migration decision.

Sue Lines (President) Share this | Link to this | Hansard source

I will now deal with the Committee of the Whole amendments circulated by Senators David Pocock, Lambie, Payman and Tyrrell. The question is that the amendments on sheet 3587 be agreed to.

Senator David Pocock's, Senator Lambie's, Senator Payman's and Senator Tyrrell's circulated amendment s

(1) Schedule 1, item 10, page 8 (line 12), omit "distinguished by race, or national or ethnic origin", substitute "distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, or national or ethnic origin, or because of the target person or target group's personal association (whether as a relative or otherwise) with a person who is distinguished by any of those attributes".

(2) Schedule 1, item 11, page 8 (lines 24 and 25), omit "race, or national or ethnic origin, of the target person or the persons in the target group", substitute "race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, or national or ethnic origin of the target person or the persons in the target group or because of the target person or target group's personal association (whether as a relative or otherwise) with a person who is distinguished by any of those attributes".

(3) Schedule 1, item 11, page 8 (lines 26 to 28), omit subsection 16A(2AAD), substitute:

(2AAD) For the purposes of paragraph (2)(mb), it is immaterial whether:

(a) the target person; or

(b) members of the target group; or

(c) a person whom the target person or members of the target group have a personal association (whether as a relative or otherwise);

actually are distinguished by the particular race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, or national or ethnic origin.

Sue Lines (President) Share this | Link to this | Hansard source

I will now deal with the Committee of the Whole amendments circulated by Australia's Voice. The question is that items 3, 6 and 9 of schedule 2 stand as printed.

Australia's Voice's circulated amendments—

(1) Schedule 2, item 3, page 44 (lines 1 and 2), to be opposed.

(2) Schedule 2, item 6, page 46 (lines 3 and 4), to be opposed.

(3) Schedule 2, item 9, page 48 (lines 1 and 2), to be opposed.

Sue Lines (President) Share this | Link to this | Hansard source

I will now deal with the amendment circulated by Senator Tyrrell. The question is that the amendment on sheet 3604 be agreed to.

Senator Tyrrell's circulated amendment

(1) Schedule 1, item 13, page 14 (after line 18), after subsection 114A.4(1), insert:

(1A) To avoid doubt, before the Governor-General makes a prohibited hate group regulation specifying an organisation, the AFP Minister must recommend that the Governor-General do so.

Note: The AFP Minister must receive advice from the Director-General before making the recommendation (see subsection 114A.5(2)).

Parliamentary approval

(1B) A prohibited hate group regulation does not come into effect until it has been approved by resolution of each House of the Parliament.

Question negatived.

I will now deal with the amendments circulated by Senator Canavan. The question is that the amendments on sheets 3622 and 3624 be agreed to.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

I request that the two sheets be put separately, to facilitate a different vote from the Australian Greens.

Sue Lines (President) Share this | Link to this | Hansard source

The question is that the amendment on sheet 3622 be agreed to.

Senator Canavan's circulated amendment

(1) Schedule 1, item 13, page 14 (after 18), after subsection 114A.4(1), insert:

Parliamentary approval

(1A) A prohibited hate group regulation does not come into effect until it has been approved by a resolution supported by an absolute majority of each House of the Parliament.

Sue Lines (President) Share this | Link to this | Hansard source

The question is that the amendments on sheet 3624 be agreed to.

Senator Canavan's circulated amendments—

(1) Schedule 1, item 13, page 25 (after line 24), at the end of Division 114C, add:

114C.3 Cessation of effect of Part

This Part ceases to have effect at the end of 20 January 2029.

Fatima Payman (WA, Australia's Voice) Share this | Link to this | Hansard source

by leave—I, and also on behalf of Senator Thorpe, move the amendments on sheets 3588 and 3590:

SHEET 3588

(1) Schedule 2, item 4, page 45 (after line 19), after note 1, insert:

Note 1A: As per the judgement of the Federal Court in Wertheim v Haddad [2025] FCA 720, criticism of the practices, policies, and acts of the state of Israel, the Israeli Defence Force or Zionism is not inherently criticism of Jewish people and is protected political speech, not hate speech.

(2) Schedule 2, item 7, page 47 (after line 19), after note 1, insert:

Note 1A: As per the judgement of the Federal Court in Wertheim v Haddad [2025] FCA 720, criticism of the practices, policies, and acts of the state of Israel, the Israeli Defence Force or Zionism is not inherently criticism of Jewish people and is protected political speech, not hate speech.

(3) Schedule 2, item 10, page 49 (after line 17), after note 1, insert:

Note 1A: As per the judgement of the Federal Court in Wertheim v Haddad [2025] FCA 720, criticism of the practices, policies, and acts of the state of Israel, the Israeli Defence Force or Zionism is not inherently criticism of Jewish people and is protected political speech, not hate speech.

_____

SHEET 3590

(1) Page 2 (after line 16), after clause 3, insert:

4 General provisions about the purpose and application of this Act

(1) The purpose of this Bill to provide protections from vilification for people experiencing systemic injustice and structural oppression, including Aboriginal and Torres Strait Islander people.

(2) Nothing in this Act is intended to limit or threaten the ability of people to engage in protected political expression as protected by Article 19 of the International Covenant on Civil and Political Rights done at New York on 16 December 1966.

(3) Nothing in this Act is intended to limit or threaten the self-determination of Aboriginal and Torres Strait Islander peoples, as protected by:

(a) Article 1 of the International Covenant on Civil and Political Rights done at New York on 16 December 1966; and

(b) Article 1 of the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966; and

(c) the United Nations Declaration on the Rights of Indigenous Peoples adopted by the General Assembly of the United Nations on 13 September 2007.

(4) As per the judgement of the Federal Court in Wertheim v Haddad [2025] FCA 720, criticism of the practices, policies, and acts of the state of Israel, the Israeli Defence Force or Zionism is not inherently criticism of Jewish people and is protected political speech, not hate speech.

Sue Lines (President) Share this | Link to this | Hansard source

The question is that the amendments as circulated by Senator Thorpe and moved by Senator Payman on sheets 3588 and 3590 be agreed to.

Sue Lines (President) Share this | Link to this | Hansard source

The question is that the remaining stages of the bill be agreed to and the bill be now passed.