We expressed a range of concerns about the Commonwealth Government’s Exposure Draft Bill, including calling for more groups to be protected against serious vilification and the removal of the religious texts defence to this proposed offence.
The Government’s Exposure Draft Combatting Antisemitism, Hate and Extremism Bill 2026 proposed a range of different responses to the incitement of hatred, including the creation of a serious vilification offence, the power to declare hate groups, new powers to deny migration, as well as gun law reform.
Some of the points made our submission included that:
- Prohibitions against hate speech and other crimes of hatred should not be limited to race, colour or national or ethnic origin. They should include other forms of hatred that are recognised to cause serious harm, namely hatred based on religion, sex, sexual orientation, gender identity, sex characteristics and disability.
- Where an act is intended to promote or incite hatred, the fact of quoting or referencing a religious text should not constitute a defence to an offence of vilification.
- In amending penalty provisions for existing offences, Parliament should use the opportunity to remove mandatory sentencing provisions which are unnecessary and, by their very nature, unjust; and
- Procedural fairness should apply to decisions to prohibit a hate group given the significant impact of such a decision.
