Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026 (2 of 2026)

Schedule 1   Criminal law amendments

Part 4   Prohibited hate groups

Division 1   Main amendments

Criminal Code Act 1995

13   After Part 5.3A of the Criminal Code

Insert:

Part 5.3B - Prohibited hate groups

Division 114A - Preliminary

114A.1 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; and

(b) to give effect to Australia's obligations under the following:

(i) Articles 20 and 26 of the International Covenant on Civil and Political Rights, done at New York on 16 December 1966, as amended and in force for Australia from time to time;

(ii) Articles 4(a) and (b) of the International Convention on the Elimination of all Forms of Racial Discrimination, done at New York on 21 December 1965, as amended and in force for Australia from time to time.

Note: The Covenant and Convention could in 2026 be viewed in the Australian Treaties Library on the AustLII website (https://www.austlii.edu.au).

(2) For the purposes of paragraph (1)(a), social, economic, psychological and physical harm includes social, economic, psychological and physical harm caused by the continued presence in Australia of organisations that have engaged in, prepared or planned to engage in, or assisted the engagement in, or advocated engaging in, conduct constituting a hate crime.

114A.2 Definitions

(1) In this Part:

advocate has the meaning given by subsection (2).

AFP Minister means the Minister administering the Australian Federal Police Act 1979.

funds means:

(a) property and assets of every kind, whether tangible or intangible, movable or immovable, however acquired; and

(b) legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such property or assets, including, but not limited to, bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, debt instruments, drafts and letters of credit.

hate crime has the meaning given by section 114A.3.

member of an organisation includes:

(a) a person who is an informal member of the organisation; and

(b) a person who has taken steps to become a member of the organisation; and

(c) in the case of an organisation that is a body corporate - a director or an officer of the body corporate.

organisation means a body corporate or an unincorporated body, whether or not the body:

(a) is based outside Australia; or

(b) consists of persons who are not Australian citizens; or

(c) is part of a larger organisation.

prohibited hate group means an organisation that is specified by the regulations for the purposes of this definition (see sections 114A.4 to 114A.8).

prohibited hate group regulation means a regulation specifying an organisation for the purposes of the definition of prohibited hate group in this section.

recruit includes induce, incite and encourage.

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 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.

114A.3 Definition of hate crime

(1) A hate crime is conduct (whether engaged in before or after this section commences):

(a) that would constitute any of the following offences:

(i) an offence under Subdivision C of Division 80 (urging or threatening violence and offences against groups or members of groups), other than section 80.2, 80.2C or 80.2D, to the extent that the targeted group (within the meaning of the offence) is distinguished by race or national or ethnic origin;

(ii) an offence under section 80.2H or 80.2HA (publicly displaying prohibited symbols and giving Nazi salute); or

(b) that was engaged in before a provision referred to in paragraph (a) commenced and would have constituted an offence against the provision had the provision been in force at the time the conduct was engaged in.

(2) A hate crime is also conduct (whether engaged in before or after this section commences):

(a) that involves publicly inciting hatred of another person (the target ) or a group of persons (the target group ) because of the race or national or ethnic origin of the target or target group and that:

(i) would constitute an offence against a provision of a law of the Commonwealth; or

(ii) would constitute an offence against a provision of a law of a State or a Territory as is in force at the commencement of this section, being a provision specified in subsection (3), to the extent that the offence relates to race or national or ethnic origin; or

(iii) if engaged in before a provision referred to in subparagraph (i) or (ii) commenced - would have constituted an offence against the provision had the provision been in force at the time the conduct was engaged in; and

(b) 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.

(3) For the purposes of subparagraph (2)(a)(ii), the provisions are the following:

(a) section 93ZAA of the Crimes Act 1900 (NSW);

(b) subsection 195N(1) of the Crimes Act 1958 (Vic.);

(c) section 52A of Schedule 1 to the Criminal Code Act 1899 (Qld);

(d) section 77 or 78 of the Schedule to the Criminal Code Act Compilation Act 1913 (WA);

(e) section 4 of the Racial Vilification Act 1996 (SA);

(f) section 750 of the Criminal Code 2002 (ACT).

(4) For the purposes of subsection (1) and subparagraphs (2)(a)(i), (ii) and (iii), if a defence applies in relation to conduct, that conduct is not conduct that would constitute an offence.

(5) A hate crime is also conduct, or threat of conduct, (whether engaged in or threatened before or after this section commences):

(a) that involves, or would involve,any one or more of the following:

(i) causing serious harm to a person (the targeted person );

(ii) causing serious damage to property (the targeted property );

(iii) causing a person's (the targeted person ) death;

(iv) endangering a person's (the targeted person ) life, other than the life of the person taking the action;

(v) creating a serious risk to the health or safety of a section of the public (the targeted persons ); and

(b) that a person engaged in or threatened to engage in because of the person's belief that:

(i) the targeted person or persons are distinguished by race or national or ethnic origin; or

(ii) the targeted property is associated with a person or personsdistinguished by race or national or ethnic origin.

Note: Consistent with the implied freedom of political communication, subsection (5) is directed at serious conduct or the threat of serious conduct of a criminal nature.

(6) For the purposes of paragraph (5)(b), it is immaterial whether:

(a) the targeted person or persons actually were distinguished by race or national or ethnic origin; or

(b) the targeted property actually was associated with a person or persons distinguished by race or national or ethnic origin.

114A.4 Regulations specifying prohibited hate groups

(1) Before the Governor-General makes a prohibited hate group regulation specifying an organisation, the AFP Minister must be satisfied on reasonable grounds that:

(a) the organisation:

(i) has engaged in, prepared or planned to engage in, or assisted the engagement in, conduct constituting a hate crime; or

(ii) has advocated (whether or not in Australia) engaging in conduct constituting a hate crime, other than an offence against section 80.2A, 80.2B, 80.2BC or 80.2BE (advocacy offences); and

(b) specifying the organisation as a prohibited hate group is reasonably necessary to protect the Australian community or part of the Australian community against harm of any one or more of the kinds referred to in paragraph 114A.1(1)(a).

Note: Certain steps must be taken before a prohibited hate group regulation can be made (see sections 114A.5 and 114A.6).

Conduct constituting a hate crime may have occurred before commencement

(2) In subsection (1):

(a) a reference to conduct constituting a hate crime includes a reference to conduct constituting a hate crime that occurred before subsection (1) commences; and

(b) a reference to having engaged in, prepared or planned to engage in, or assisted the engagement in, or having advocated engaging in, conduct constituting a hate crime includes a reference to having engaged in, prepared or planned to engage in, or assisted the engagement in, or having advocated engaging in, conduct constituting a hate crime before subsection (1) commences.

References to engaging in conduct constituting a hate crime

(3) In this section, a reference to engaging in conduct constituting a hate crime includes:

(a) a reference to engaging in conduct constituting a hate crime, even if a hate crime does not occur; and

(b) a reference to engaging in conduct constituting a specific hate crime; and

(c) a reference to engaging in conduct constituting more than one hate crime.

Conviction not required

(4) A person does not need to have been convicted of a hate crime in order for the AFP Minister to be satisfied an organisation has engaged in conduct of a kind mentioned in paragraph (1)(a).

No procedural fairness required

(5) The AFP Minister is not required to observe any requirements of procedural fairness in deciding whether or not the AFP Minister is satisfied for the purposes of this section.

114A.5 Director-General of Security advice to be provided before specifying an organisation as a prohibited hate group

Director-General may provide advice to AFP Minister

(1) The Director-General may provide written adviceto the AFP Minister recommending that the AFP Minister consider whether an organisation should be specified as a prohibited hate group. However, the Director-General may provide the advice only if the Director-General is satisfied of one or more of the following:

(a) both of the following apply:

(i) the organisation has engaged in activities;

(ii) the Director-General is satisfied that the activities, or the continued engagement in the activities, would or are likely to increase the risk of politically motivated violence, or of the promotion of communal violence;

(b) the organisation has:

(i) advocated for or engaged in politically motivated violence, or engaged in the promotion of communal violence; or

(ii) engaged in activities that indicate a risk that the organisation may advocate for or engage in politically motivated violence, or engage in the promotion of communal violence,in the future.

Receipt of advice from Director-General of Security

(2) The AFP Minister may consider recommending that the Governor-General makes a prohibited hate group regulation specifying the organisation only if the AFP Minister has received advice from the Director-General of Security in accordance with subsection (1).

AFP Minister may take account of other information

(3) To avoid doubt, the AFP Minister may take into account information in addition to the written advice in determining whether an organisation should be specified as a prohibited hate group.

Function taken to be function of Organisation

(4) The function of the Director-General under this section is, for the purposes of the Australian Security Intelligence Organisation Act 1979, taken to be a function of the Organisation.

No procedural fairness required

(5) The Director-General is not required to observe any requirements of procedural fairness in providing advice under this section.

Definitions

(6) In this section:

politically motivated violence has the meaning given by section 4 of the Australian Security Intelligence Organisation Act 1979.

promotion of communal violence has the meaning given by section 4 of the Australian Security Intelligence Organisation Act 1979.

114A.6 Engaging with the Attorney-General and Leader of the Opposition

Before the Governor-General makes a prohibited hate group regulation specifying an organisation, the AFP Minister must:

(a) obtain the Attorney-General's agreement in writing to the organisation being specified for the purposes of that definition; and

(b) arrange for the Leader of the Opposition in the House of Representatives to be briefed in relation to the proposed regulation.

114A.7 Including or removing names of prohibited hate groups

(1) This section applies if the AFP Minister is satisfied on reasonable grounds that:

(a) an organisation is specified by a prohibited hate group regulation; and

(b) the organisation:

(i) is referred to by another name (the alias ), in addition to, or instead of, a name used to specify the organisation in the regulations; or

(ii) no longer uses a name (the former name ) used in the regulations to specify the organisation.

(2) The AFP Minister may, by legislative instrument, amend the regulations to do either or both of the following:

(a) include the alias in the regulations if the AFP Minister is satisfied as referred to in subparagraph (1)(b)(i);

(b) remove the former name from the regulations if the AFP Minister is satisfied as referred to in subparagraph (1)(b)(ii).

(3) Amendment of regulations under subsection (2) does not prevent the further amendment or repeal of the regulations by regulations made under section 5 of this Act for the purposes of the definition of prohibited hate group in subsection 114A.2(1).

(4) The AFP Minister may not, by legislative instrument made under this section, amend the regulations to remove entirely an organisation that has been prescribed.

(5) To avoid doubt, this section does not affect the power under section 5 of this Act to make a prohibited hate group regulation.

114A.8 De-listing a prohibited hate group

(1) If:

(a) an organisation is specified by a prohibited hate group regulation; and

(b) the AFP Minister ceases to be satisfied that it is reasonably necessary for the organisation to be so specified to protect the Australian community or part of the Australian community against harm of any of the kinds referred to in paragraph 114A.1(1)(a);

the AFP Minister must, by notifiable instrument, make a declaration to the effect that the AFP Minister has ceased to be so satisfied.

(2) Before the AFP Minister makes a declaration under subsection (1), the AFP Minister must:

(a) have regard to the matters referred to in subsection 114A.4(1); and

(b) consult the Attorney-General in relation to the making of the declaration; and

(c) arrange for the Leader of the Opposition in the House of Representatives to be briefed in relation to the proposed declaration.

Declaration to specify a day

(3) The declaration must specify the day on which the AFP Minister ceased to be satisfied as mentioned in paragraph (1)(b).

(4) The regulations, to the extent to which they specify the organisation, are taken to cease to have effect on the day specified in the declaration under subsection (3), even if that day occurred before the day on which the declaration is made.

Delisted organisation may be relisted later

(5) To avoid doubt, subsections (1) to (4) do not prevent the organisation from being subsequently specified by a prohibited hate group regulation if the AFP Minister becomes satisfied as mentioned in subsection 114A.4(1).

114A.9 Reviews by Parliamentary Joint Committee on Intelligence and Security

(1) This section applies in relation to the following legislative instruments:

(a) a prohibited hate group regulation;

(b) an instrument made under section 114A.7 (including or removing names of prohibited hate groups).

(2) The Parliamentary Joint Committee on Intelligence and Security may:

(a) review the legislative instrument at any time; and

(b) report the Committee's comments and recommendations to each House of the Parliament.

Review of disallowable legislative instrument - extension of disallowance period

(3) If the Committee's report on a review of a disallowable legislative instrument is tabled in a House of the Parliament under subsection (2):

(a) during the applicable disallowance period for that House; and

(b) on or after the eighth sitting day of the applicable disallowance period;

then Part 2 of Chapter 3 of the Legislation Act 2003 has effect, in relation to that disallowable legislative instrument and that House, as if each period of 15 sitting days referred to in that Part were extended in accordance with the table:

Applicable disallowance period

(4) The applicable disallowance period for a House of the Parliament means the period of 15 sitting days of that House after the disallowable legislative instrument, or a copy of the disallowable legislative instrument, was laid before that House in accordance with section 38 of the Legislation Act 2003.

Division 114B - Offences

114B.1 Directing the activities of a prohibited hate group

(1) A person commits an offence if:

(a) the person intentionally directs the activities of an organisation; and

(b) the organisation is a prohibited hate group; and

(c) the person knows the organisation is a prohibited hate group.

Note: For defences, see section 114B.7.

Penalty: Imprisonment for 15 years.

(2) A person commits an offence if:

(a) the person intentionally directs the activities of an organisation; and

(b) the organisation is a prohibited hate group; and

(c) the person is reckless as to whether the organisation is a prohibited hate group.

Note: For defences, see section 114B.7.

Penalty: Imprisonment for 10 years.

114B.2 Membership of a prohibited hate group

(1) A person commits an offence if:

(a) the person intentionally is a member of an organisation; and

(b) the organisation is a prohibited hate group; and

(c) the person knows the organisation is a prohibited hate group.

Penalty: Imprisonment for 7 years.

(2) Subsection (1) does not apply if the person proves that the person took all reasonable steps to cease to be a member of the organisation as soon as practicable after the person knew that the organisation was a prohibited hate group.

Note 1: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4).

Note 2: For other defences, see section 114B.7.

114B.3 Recruiting for a prohibited hate group

(1) A person commits an offence if:

(a) the person intentionally recruits a person to join, or participate in the activities of, an organisation; and

(b) the organisation is a prohibited hate group; and

(c) the first-mentioned person knows the organisation is a prohibited hate group.

Note: For defences, see section 114B.7.

Penalty: Imprisonment for 15 years.

(2) A person commits an offence if:

(a) the person intentionally recruits a person to join, or participate in the activities of, an organisation; and

(b) the organisation is a prohibited hate group; and

(c) the first-mentioned person is reckless as to whether the organisation is a prohibited hate group.

Note: For defences, see section 114B.7.

Penalty: Imprisonment for 10 years.

114B.4 Training involving a prohibited hate group

(1) A person commits an offence if:

(a) the person does any of the following:

(i) intentionally provides training to an organisation intending the training to assist the organisation to engage in conduct described in paragraph 114A.4(1)(a);

(ii) intentionally provides training to an organisation intending the training to assist the organisation to expand or to continue to exist;

(iii) intentionally receives training from an organisation;

(iv) intentionally participates in training with an organisation; and

(b) the organisation is a prohibited hate group.

Penalty: Imprisonment for 15 years.

(2) Subject to subsection (3), strict liability applies to paragraph (1)(b).

(3) Subsection (1) does not apply unless the person is reckless as to the circumstance mentioned in paragraph (1)(b).

Note 1: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3)).

Note 2: For other defences, see section 114B.7.

114B.5 Getting funds to, from or for a prohibited hate group

(1) A person commits an offence if:

(a) the person intentionally:

(i) receives funds from, or makes funds available to, an organisation (whether directly or indirectly) intending the receipt or provision of the funds to assist the organisation to engage in conduct described in paragraph 114A.4(1)(a); or

(ii) receives funds from, or makes funds available to, an organisation (whether directly or indirectly) intending the receipt or provision of the funds to assist the organisation to expand or to continue to exist; or

(iii) collects funds for, or on behalf of, an organisation (whether directly or indirectly); and

(b) the organisation is a prohibited hate group; and

(c) the person knows the organisation is a prohibited hate group.

Penalty: Imprisonment for 15 years.

(2) A person commits an offence if:

(a) the person intentionally:

(i) receives funds from, or makes funds available to, an organisation (whether directly or indirectly) intending the receipt or provision of the funds to assist the organisation to engage in conduct described in paragraph 114A.4(1)(a); or

(ii) receives funds from, or makes funds available to, an organisation (whether directly or indirectly) intending the receipt or provision of the funds to assist the organisation to expand or to continue to exist; or

(iii) collects funds for, or on behalf of, an organisation (whether directly or indirectly); and

(b) the organisation is a prohibited hate group; and

(c) the person is reckless as to whether the organisation is a prohibited hate group.

Penalty: Imprisonment for 10 years.

(3) Subsections (1) and (2) do not apply to the person's receipt of funds from the organisation if the person proves that the person received the funds solely for the purpose of the provision of:

(a) legal representation for a person in proceedings relating to this Part; or

(b) legal advice or legal representation in connection with the question of whether the organisation is a prohibited hate group; or

(c) assistance to the organisation for it to comply with a law of the Commonwealth or a State or Territory.

Note 1: A defendant bears a legal burden in relation to the matter in subsection (3) (see section 13.4).

Note 2: For other defences, see section 114B.7.

114B.6 Providing support to a prohibited hate group

(1) A person commits an offence if:

(a) the person intentionally provides to an organisation support or resources intending the support or resources to assist:

(i) the organisation to engage in conduct described in paragraph 114A.4(1)(a); or

(ii) the organisation to expand or to continue to exist; and

(b) the organisation is a prohibited hate group; and

(c) the person knows the organisation is a prohibited hate group.

Note: For defences, see section 114B.7.

Penalty: Imprisonment for 15 years.

(2) A person commits an offence if:

(a) the person intentionally provides to an organisation support or resources intending the support or resources to assist:

(i) the organisation to engage in conduct described in paragraph 114A.4(1)(a); or

(ii) the organisation to expand or to continue to exist; and

(b) the organisation is a prohibited hate group; and

(c) the person is reckless as to whether the organisation is a prohibited hate group.

Note: For defences, see section 114B.7.

Penalty: Imprisonment for 10 years.

114B.7 General defences

It is not an offence against this Division to do either of the following:

(a) do a thing in accordance with an arrangement or agreement to which the Commonwealth is a party;

(b) perform an official duty or function for the Commonwealth, a State or a Territory.

Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3)).

Division 114C - General provisions relating to offences

114C.1 Extended geographical jurisdiction for offences

Section 15.2 (extended geographical jurisdiction - category B) applies to an offence against this Part.

114C.2 Alternative verdicts

(1) This section applies if, in a prosecution for an offence (the prosecuted offence ) against a subsection of a section of this Part, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence ) against another subsection of that section.

(2) The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.