Federal Parliament will sit next week to debate strengthening hate speech and gun legislation, in the wake of the Bondi terror attack that killed 15 innocent people.
The Government has drafted a bill that includes tougher penalties for hate speech, such as 12 year jail terms for “hate preachers,” and a national gun buyback scheme.
Attorney-General Michelle Rowland has described the proposed reforms as “the toughest hate laws Australia has ever seen.”
Here’s what’s in the bill.
Recall
Earlier this week, Prime Minister Anthony Albanese announced he had recalled Federal Parliament to sit on Monday and Tuesday next week, two weeks earlier than scheduled.
It is rare for Parliament to be recalled outside its normal sitting calendar.
Albanese said he made the decision so Parliament could “deal with important national security legislation.”
The draft legislation is called the “Combatting Antisemitism, Hate and Extremism Bill”.
Hate crimes
If passed, the bill would significantly increase penalties for hate-motivated offences, including jail terms of up to 12 years.
Harsher penalties would apply to people who commit a hate crime as part of their work as a religious or spiritual leader, and to those found guilty of radicalising children.
The bill would also create a new standalone offence for publicly promoting or inciting hatred on the basis of race or ethnicity.
Hate groups
A new national framework would allow the Government to formally list “prohibited hate groups,” similar to how terrorist organisations are listed.
This specifically aims to lower the legal threshold for organisations that are “just below” existing laws, with ASIO Director-General Mike Burgess having previously identified the National Socialist Network as an example.
Once listed, it would become a criminal offence to be a member of a prohibited hate group, recruit others, or provide training, funding or other support.
Visas
Currently, the Home Affairs Minister can refuse a visa if they believe a person’s presence in Australia would be contrary to the national interest.
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Under the new bill, visas could be refused or cancelled for non-citizens who:
- are associated with terrorist or prohibited hate groups
- have engaged in hate-motivated conduct (even without a conviction)
- publicly promote racist or extremist views that pose a risk to the community.
People refused a visa on these grounds could be permanently banned from Australia.
Gun reforms
The bill will establish a national gun buyback scheme, aimed at reducing the number of firearms in circulation.
Owners who surrender their guns would receive tax-exempt compensation, and the Australian Federal Police would oversee the destruction of surrendered weapons.
The bill would also introduce a new background check system for firearm licence holders. Authorities could reassess a person’s suitability to hold a gun licence if new information emerges — even outside the renewal period.
Concerns
The Executive Council of Jewry largely welcomed the reforms, but raised concerns about a loophole in the bill that allows for hate speech when directly quoting from a religious text.
“Invoking religion as an excuse to dehumanise and mistreat others simply on the basis of who they are, must surely be a thing of the past,” it said.
Albanese justified the exemption at a press conference on Tuesday, saying the Government wants “to make sure that there isn’t unintended consequences of the legislation.”
Response
Opposition Leader Sussan Ley said the Coalition had not been provided a draft of the bill prior to its announcement.
Ley said she is “sceptical” of the Prime Minister’s decision to introduce a single bill covering “multiple complex and unrelated policy areas”.
Albanese will need support from the Opposition or crossbench to pass the legislation, and has asked his fellow MPs to “look for reasons to agree” rather than disagree.
The bill will be debated in Parliament next week.
