Australian hate

The Combating Antisemitism, Hate and Extremism (Criminal and Migration Laws) 2026 were passed hurriedly into law by the Albanese Labor government with support from the LNP opposition. The Greens, independents and some National Party MPs opposed the bill. These laws provide a process for declaring “Prohibited Hate Groups“. A declaration is made under a highly politicised administrative process which steers wide of any judicial involvement.Any person who is an officer or who directs, or is a member, or who recruits for, or who trains for, or raises or provides funds for or provides support for a “Prohibited Hate Group” commits an offence. The offences carry maximum penalties of imprisonment for many years.

In 2025 a UN Commission of Inquiry (COI) found Israel has committed acts of genocide, crimes against humanity, and war crimes in Gaza. 

” …we found that the majority of violations are being committed by the Israeli authorities as part of the Israeli government’s goal of ensuring and enshrining its permanent occupation at the expense of the Palestinian people. We found that the Israeli government has increasingly restricted civic space through a strategy of delegitimising and silencing civil society. This includes criminalizing Palestinian civil society organizations and their members by labeling six of them as terrorist organizations and a seventh as an unlawful organization. Civil society organizations are pressured and threatened when they give a platform for civil society discourse, they are under attack simply because they are critical to the policies and practices of the Israeli occupying authorities.” – Chris Sidoti, UN Commission of Inquiry.

Major Australian Jewish organizations like the Executive Council of Australian Jewry actively advocate for and support Israeli government actions in Gaza and the West Bank. Under the new law’s own definition, these groups qualify for declaration as “Prohibited Hate Groups”. 

Equally, some Australian pro-Palestinian groups may find themselves as targets of the legislation. The COI found the actions of the resistance in Gaza included war crimes. Palestinian groups may also qualify to be declared Prohibited Hate Groups because they support the armed resistance against the genocide.

Government objectives. It is likely these laws are designed to silence pro-Palestine protests by targeting specific organisations (“prohibited hate groups”*) to take up their time and resources. They may be used against visa holders as a means of deporting people.

“... there are new hate crime laws that were recently introduced. I know people have a lot of questions around those you should look online make sure you’re well informed, but at the moment, what it will enable the government to do is list so called hate groups. Once listed, it will be an offense to associate with those groups, and we have very real concerns that those listing powers will be used against any. Genocide protesters, rather than the true racists in this country, those expanded laws will also include offenses around displaying hate symbols. There haven’t been any listed hate groups as yet, but these laws are going to massively impact people on insecure visas who will be at greater risk of deportation and cancellation of those visas.” – Anna, lawyer, at Invasion Day rally in Brisbane 26 Jan 2026.

Committed activists may be forced on the defensive with legal proceedings defence and costs. Possible employment and reputational problems may deny them the resources to organise against the genocide.

*There are no sunset clauses in this legislation. Under this framework the home Affairs Minister can list groups as “prohibited hate groups” a designation that may remain indefinitely.

Specific slogans or chants are not yet banned. State governments are looking at making it illegal to chant or carry placards that say “globalize the intifada” (NSW & QLD), “from the river to the sea”, “intifada” (WA), etc.

The “Hate Speech” amendments may also be used to frighten away those who might be attracted to the movement.

Prosecutors may not care whether or not they obtain convictions . Their goal may be achieved by silencing protest and dissent and allowing the Zionist narrative to dominate.

The new legislation will not contain procedural fairness: groups will not know why they have been proscribed but they will know which groups have been proscribed. There is no appeal from the ministers decision or ASIOs decision to recommend to the minister the banning of a group.

There is risk that BDS groups may be designated as “prohibited hate groups” because in the new legislation under the pretext that it is incitement.

Any attempt to use these new powers to suppress public discourse will prove the laws are not genuine tools for social cohesion, but targeted instruments of oppression, exposing their true political purpose. The Australian government is mirroring the repression that Israel has brought to bear on the Palestinians.

The Legislation

s114

Objects

(1) The objects of this Part are to:

(a) protect the Australian community or part of the Australian community against social, economic, psychological and physical harm (including harm mentioned in subsection (2)),  and from the promotion of 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;

Definition of advocates  

(2) In this Part, an organisation advocates engaging in conduct  constituting a hate crime if:  

(a) the organisation counsels, promotes, encourages or urges the  engagement in conduct constituting a hate crime; or 

(b) the organisation provides instruction on how to engage in  conduct constituting a hate crime; or 

(c) the organisation praises the engagement in:

(i) conduct constituting a hate crime; or 

(ii) conduct that would constitute a hate crime if engaged in Australia;  

in circumstances where there is an unacceptable risk that  such praise might have the effect of leading a person  (regardless of the person’s age or any mental impairment that  the person might suffer) to engage in conduct constituting a  hate crime.

The Processes by which an organization is declared to be a prohibited hate group are all administrative, political and not judicial.

Persons commit various offence if they

• Are officers
• members
• recruit people to
• train people in
• provide or raise funds for or
• provide support for

a Prohibited hate group or if they do any of those things for a group and they are reckless as to whether the group is (or is not ) a prohibited hate group.

Maximum Penalties are usually 7 to 10 years in prison and in some cases up to 15 years

Ian Curr
1 Feb 2026

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