Today, the Federal Government has unveiled proposed new, broad laws targeting speech and political expression. The Combatting Antisemitism, Hate and Extremism Bill 2026 (Cth) combines practical reforms such as the creation of a National Gun Buyback Scheme with radical and unprecedented reforms to our democratic rights and liberties. 

The atrocities at Bondi necessitate a response that will address the causes of violence and increase harmony. The NSW Council for Civil Liberties, Liberty Victoria and Queensland Council for Civil Liberties condemn the proposed Bill due to its remarkable impact on human rights and civil liberties, and because there is no evidence that it will make any of us safer.

Amongst other things, the Bill would create a new framework for “prohibited hate groups”. This would grant the Home Affairs Minister extraordinary powers to designate organisations as “hate groups”, which would effectively make it illegal to be a member of or associated with that organisation. The Bill is also clear that the Minister “is not required to observe any requirements of procedural fairness" in making this decision. This gives the Minister an extraordinary discretion along with a remarkable lack of accountability. 

The Bill would also create a new racial vilification offence with a limited defence available if an individual was quoting from or otherwise referencing a religious text for the purpose of “religious teaching or discussion”. There is a risk that offences with selective exclusions or defences might create hierarchies of justice when they are directed to some attributes (such as race) but not others. Any such inequality, perceived or otherwise, only deepens division in the community.  

Many measures in the Bill go far beyond what’s required to address the horrific events at Bondi. For example, in relation to displaying symbols offences, the Bill will greatly expand the number of prohibited symbols, reduce the fault element to prove the offence, and place a reverse onus on an accused person to make out a public interest defence. This is in circumstances where the mandatory minimum sentence for the offence is 12 months’ imprisonment. This is highly likely to produce unjust outcomes.

The proposed legislation also expands the government’s already incredibly broad powers to refuse and cancel visas, allowing a person to be excluded based on a risk they “might” engage in certain conduct in Australia like inciting discord. This dangerously lowers the existing threshold into the realm of speculation.

Finally, given the far reaching and consequential nature of the reforms it is particularly concerning that the government has only given two days for stakeholders and civil society to make submissions to the inquiry. 

Comments attributable to Timothy Roberts, NSWCCL President

"The Federal Government is not undertaking this Inquiry in good faith. Two days for submissions on legislation that potentially cuts across our democratic rights is absurd. We do not get to social cohesion with a government playing fast and loose with the community’s freedom of speech, association, and religion. The Prime Minister cannot legislate his way towards cohesion. 

“If the Albanese Government was serious about the purported aim of this bill, then surely they would be trying to take the community with them. At the current rate, they are not even taking the time to listen to them.

“The Federal government is driving division in seeking to extend criminal laws in such an ill-considered way. Criminal laws must be able to be clearly understood by the community to prevent miscarriages of justice.

“We have had a failure of political leadership at both a state and federal level of properly responding and demarking antisemitism from legitimate criticisms of the actions of the Israeli government. The conduct of this inquiry continues this failure and prevents civil society from providing legitimate criticisms of our own government’s proposals.”

Comments attributable to Gemma Cafarella, President Liberty Victoria

“We are extremely concerned by the Federal Government’s rushed approach to these proposed laws. The Government has just announced a Royal Commission into the causes of the Bondi massacre and antisemitism, and yet is bringing in poorly-considered and draconian measures before there has been a proper examination of these issues. Given the substantial impact that these laws would have on freedom of political communication, religion and association, we also consider that it is highly likely that these will be challenged in Court if they are passed in their current state.

“Extremist violence and social cohesion are incredibly complex issues. The Federal Government cannot legislate its way to social cohesion. Laws that inappropriately limit freedom of speech, religion and association are only going to further drive division. The continued scapegoating of immigrants is particularly odious.

“The atrocities at Bondi compel a response that will actually address the causes of violence and keep people safe. There is no evidence that these laws - which will impose significant limits on free speech, freedom of religion and freedom of association - will enhance community safety. This legislation is not only harmful, but a missed opportunity”.