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

Schedule 1   Criminal law amendments

Part 6   Hate symbols

Division 4   Amending the reasonable person test

Criminal Code Act 1995

57   Subsections 80.2H(3) and (4) of the Criminal Code

Repeal the subsections, substitute:

(3) For the purposes of paragraph (1)(c), this subsection applies if a reasonable person who is a member of a group of persons distinguished by race, colour or national or ethnic origin (a targeted group ) would consider that the conduct mentioned in paragraph (1)(a):

(a) involves dissemination of ideas of superiority over or hatred ofa person who is a member of the targeted group, or the members of the targeted group, because of the race, colour or national or ethnic origin of the targeted group; or

(b) could incite another person or a group of persons to offend, insult, humiliate or intimidate:

(i) a person who is a member of the targeted group; or

(ii) the members of the targeted group.

Note: The object of this subsection is to give further effect to Article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination, done at New York on 21 December 1965. The Convention is in Australian Treaty Series 1975 No. 40 ([1975] ATS 40) and could in 2026 be viewed in the Australian Treaties Library on the AustLII website (https://www.austlii.edu.au).

(4) For the purposes of paragraph (1)(c), this subsection applies if a reasonable person who is a member of a group of persons distinguished by race, religion or nationality (a targeted group ) would consider that the conduct mentioned in paragraph (1)(a) involves advocacy that:

(a) is advocacy of hatred of:

(i) the targeted group; or

(ii) a member of the targeted group; and

(b) constitutes incitement of another person or group of persons to offend, insult, humiliate, intimidate or use force or violence against:

(i) the targeted group; or

(ii) a member of the targeted group.

Note: The object of this subsection is to give further effect to Article 20 of the Covenant.