What Is the Combatting Antisemitism, Hate and Extremism Bill 2026?

The Combatting Antisemitism, Hate and Extremism Bill 2026 is a package of proposed Commonwealth law changes aimed at strengthening Australia’s response to hate-motivated conduct, extremist activity and related public safety risks.

Rather than creating a single new law, the Bill proposes amendments across multiple existing Acts, including criminal law, migration law, customs law and firearms legislation. Together, these changes are intended to address hate-motivated violence, extremist organisations, and the spread of harmful material, both online and offline.

Below is a plain-English explanation of what the Bill proposes to do.

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What areas of law does the Bill affect?

The Bill is structured into several “Schedules,” each dealing with a different area of law:

• Criminal law
• Migration law
• Customs and border controls
• Firearms regulation
• Transitional arrangements

 

Criminal Law Charges

New and expanded hate-related offences

The Bill proposes to expand existing offences relating to advocating or threatening violence against people based on race, national origin or ethnic origin. In some cases, penalties would be increased, particularly where conduct is serious or likely to cause fear or disruption to public order.

Aggravated offences for leaders

The Bill proposes a new aggravated offence where a person acting as a religious or organisational leader uses their position to advocate or threaten violence against protected groups. These offences would carry higher maximum penalties.

Hate motivation as an aggravating factor

Courts would be required to treat hate motivation as an aggravating factor when sentencing for federal offences. This means that if an offence is motivated (wholly or partly) by racial or ethnic hatred, it must be taken into account during sentencing.

Prohibited hate groups

The Bill proposes a framework allowing certain organisations to be formally listed as prohibited hate groups. Once listed, new offences would apply to conduct such as:

• Membership
• Recruitment
• Training
• Funding
• Providing support or resources

Racial vilification offence

A new offence is proposed to criminalise serious public conduct that promotes or incites hatred based on race or ethnic origin, where that conduct would reasonably cause fear of harassment, intimidation or violence.

Protection of minors

New aggravated offences are proposed for adults who groom or influence minors toward extremist or violent activity, including through online communication.

Hate symbols

The Bill proposes changes to existing offences relating to prohibited hate symbols, including:

• Expanding the range of symbols covered
• Allowing seizure of publicly displayed prohibited symbols
• Enabling removal directions to apply to online content

 

What does the Bill mean by “Serious Conduct”?

The Bill does not criminalise general opinions, criticism, political speech or debate.

Where the Bill introduces new offences (including racial vilification and hate-related offences), it applies only to serious conduct, as defined through existing Criminal Code thresholds and clarified in the Explanatory Memorandum.

In plain English, serious conduct refers to behaviour that:

• Publicly advocates, promotes, incites or threatens violence, intimidation or harassment, and
• Is directed at a person or group because of protected characteristics such as race, national origin or ethnic origin, and
• Is serious enough that it would cause a reasonable fear of harm, rather than mere offence, disagreement or distress.

The Bill is concerned with conduct that goes beyond expressing views and moves into encouraging harm, making threats, or coercive or intimidating behaviour.

As explained in the Explanatory Memorandum, the proposed offences are intended to capture high-threshold conduct and do not apply to lawful protest, political debate, academic discussion, journalism or the expression of opinions that do not involve violence, threats or intimidation.

What is a “reasonable member of the targeted group”?

Several of the proposed offences rely on an objective legal test, assessed from the perspective of a reasonable member of the targeted group.

This assessment is not based on:

• the subjective reaction of an individual complainant, or

• the most sensitive or extreme response possible.

Instead, a court must consider 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.

This approach reflects established principles in Australian criminal law and is intended to ensure that courts apply a balanced, objective standard, rather than one based on personal, political or emotional views.

Why these definitions matter

These definitions are included to:

• limit offences to high-threshold, serious behaviour, and
• ensure courts apply objective legal standards, not political or emotional interpretations.

They are intended to clarify where the line is drawn between lawful expression and criminal conduct.

 

Migration Laws

The Bill proposes new and expanded powers allowing visas to be refused or cancelled where a person has engaged in certain hate-motivated or extremist conduct.

It also proposes extending existing permanent exclusion provisions, meaning some people refused a visa on these grounds could be permanently barred from entering Australia.

 

Customs and border control changes

The Bill proposes amendments to prohibit the import and export of:

• Violent extremist material
• Prohibited hate symbols
• Goods containing such material

It also clarifies ministerial powers to regulate prohibited goods at the border.

 

Firearms and weapons changes

National gun buyback

The Bill proposes a framework to establish a national firearms buyback scheme, with details to be implemented through further instruments and cooperation with states and territories.

Stronger background checks

Proposed changes would strengthen firearms background checking processes by expanding access to criminal intelligence and security information.

Tighter import controls

The Bill proposes tighter controls on the import of certain firearms, components, magazines and accessories, based on public safety considerations.

Online weapons material

A new offence is proposed for using a carriage service (such as the internet) to access or share instructions or material related to the manufacture of firearms or explosives.

 

Transitional Arrangements

The Bill includes provisions allowing transitional rules to be made so the changes can be implemented smoothly and consistently across existing systems.

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In summary

The Combatting Antisemitism, Hate and Extremism Bill 2026 proposes:

• Expanded criminal offences and sentencing considerations for hate-motivated conduct
• New powers to regulate extremist organisations
• Stronger migration, customs and firearms controls
• A national framework for firearms buyback and public safety

The Bill does not change all laws immediately. Instead, it establishes new legal frameworks and powers that would operate alongside existing legislation.

 

What the Bill does not do

Based on the text of the Bill and its Explanatory Memorandum:

• It does not make it an offence to criticise a country, government or political ideology
• It does not criminalise discussion or commentary about international conflicts
• It does not apply to opinions or expression unless they involve serious conduct, such as advocating or threatening violence, intimidation or harassment

The proposed offences are narrowly directed at conduct involving harm or the risk of harm, not disagreement, criticism or unpopular viewpoints.

 

Stay Informed

As this Bill progresses, further clarification may come through parliamentary debate, explanatory memoranda and judicial interpretation.

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