An important yet controversial pieces of legislation to recently have crossed Australia’s landscape is the Combatting Antisemitism, Hate and Extremism Act 2026 (the Act). While lauded by many as a critical instrument to combat the increasingly pervasive antisemitism and religious vilification seen in our society, many commentaries have also erupted against it, arguing that it is a tokenistic measure and decrying its disconcerting repercussions implemented under the veil of equality and liberalism; namely, the eradication of free speech and the problematic subjectivity of what actually constitutes ‘hate.’
Background of Act
Following the establishment of the Royal Commission into Antisemitism and Social Cohesion on 9 January – which is due to deliver its final report by 14 December 2026 – the Government has built on its efforts to address antisemitism and hate in response to the December 14, 2025, antisemitic terrorist attack at a Hanukkah celebration on Bondi Beach that killed 15 people. Passed by both Houses of Parliament on January 20, 2026, this federal legislative package introduces the Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026 and the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026. The Act amends multiple Commonwealth laws across criminal, migration, customs, and firearms legislation to strengthen penalties for hate-motivated acts and curb extremism.
The legislation contains the most significant changes to Australia’s counter-terrorism laws since those introduced in 2014 under the Abbott Government’s tripart national security legislation.
Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026
The Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026 introduces reforms across criminal and migration law to address hate-motivated violence and extremist conduct.
Schedule 1 amends the Criminal Code Act 1995 (Cth) and the Crimes Act 1914 (Cth) to introduce harsher offences where religious or community leaders incite or threaten violence against protected groups. A new offence would make it illegal to engage in conduct that promotes or incites racial, national or ethnic hatred, that would, in all the circumstances, cause a reasonable person who is the target, or a member of the target group, to be intimidated, to fear harassment or violence, or to fear for their safety. This relies on an objective legal test, based on the perspective of a reasonable member of the targeted group. Therefore, the question is whether a reasonable person, belonging to the group being targeted, would be likely to fear harassment, intimidation or violence as a result of the conduct.
It also requires courts to treat crimes motivated by a person’s race, nationality, or ethnic origin as an aggravating factor when sentencing, and new aggravated offences are proposed for adults who groom minors toward extremist or violent activity. It enables the Minister to recommend the listing of prohibited hate groups and establishes new offences relating to directing, supporting, recruiting for, funding, or associating with such groups. Schedule 1 also strengthens offences relating to the public display of prohibited hate symbols.
Schedule 2 amends the Migration Act 1958 (Cth) and the Migration Regulations 1994 to introduce new visa refusal and cancellation grounds for hate-motivated conduct and the spread of hatred and extremism. These provisions apply to individuals who are, or have been, members of or associated with terrorist organisations, state sponsors of terrorism, or prohibited hate groups, or who have engaged in conduct or public statements – including online – promoting racial or ethnic hatred. The amendments empower the Minister to act where such conduct poses a risk to the Australian community, even in circumstances where no criminal conviction has been recorded.
Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026
The Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 establishes a framework to strengthen firearms regulation and prevent the importation and exportation of extremist material. The Act enables Commonwealth intelligence to inform firearms licensing decisions made by states and territories, lays the groundwork for the largest national firearms buyback since the Port Arthur reforms nearly 30 years ago, and strengthens controls on the importation of firearms. It forms part of a broader package of reforms, including the renegotiation of the National Firearms Agreement through National Cabinet and complementary legislation introduced by the Attorney-General to further criminalise hateful and extremist conduct.
Schedule 1 amends the Customs (Prohibited Exports) Regulations 1958 and the Customs (Prohibited Imports) Regulations 1956 to expand existing export and import controls so that they expressly capture violent extremist material and prohibited symbols. While objectionable goods are currently regulated, including publications or goods promoting crime, violence or terrorism, the amendments clarify and extend these definitions to address extremist material more directly. The Schedule operates alongside the Classification (Publications, Films and Computer Games) Act 1995 (Cth), under which exemptions may apply for religious, academic, educational, artistic, literary, scientific, journalistic or law enforcement purposes.
Schedule 2 establishes a framework for a National Gun Buyback Scheme to support proposed reforms to national firearms laws. The scheme would enable the purchase of surplus and newly restricted firearms and aims to reduce the more than four million registered firearms currently in circulation in Australia. The Schedule also introduces a new Commonwealth intelligence-sharing framework to inform state and territory decisions on the issue and renewal of firearms licences. This model leverages AusCheck’s existing role in background checking for sensitive licensing regimes and provides for the secure sharing of intelligence held by the Australian Security Intelligence Organisation and the Australian Criminal Intelligence Commission to underpin firearms licensing decisions. It also includes the establishment of a Public safety tests for firearms and weapons, and amendments relating to the importation of different firearms into Australia.
Implications
The Government has emphasised that the Act is not intended to encroach upon legitimate free expression. In the Attorney-General’s second reading speech, it was made explicit that “for the avoidance of doubt, this provision does not trespass into legitimate free speech, including the implied freedom of political communication. It does not seek to capture lawful debate, robust criticism, religious discussion, or genuine political advocacy. It does not target legitimate comedy, satire, or artistic expression.”
Consistently with this position, the Explanatory Memorandum clarifies that the Act does not capture ordinary conduct or threats that fall within the bounds of everyday social interaction or community life. Rather, the conduct must amount to serious harm meeting an existing criminal standard. The legislation is deliberately confined to serious conduct of a serious nature, whether occurring in Australia or overseas, where the Director-General of ASIO is satisfied that the conduct would, or is likely to, increase the risk of politically motivated violence or promote communal violence.
This threshold is intentionally high. It ensures that the provisions are directed at genuine security risks and threats to public safety, rather than mere commentary, disagreement, or offence. As the Government has framed it, the line is drawn at criminal-level harm with national security implications – not at discomfort, unpopular views, or robust public debate.
Sources
Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026 Legislation
Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026
