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

Schedule 2   Migration amendments

Part 1   Amendment of the Migration Act 1958

Migration Act 1958

7   After subsection 500A(1)

Insert:

Spreading hatred and extremism

(1A) This subsection applies to a person if the Minister reasonably suspects that:

(a) both of the following apply:

(i) the person is, or has been, a member of an organisation;

(ii) at any time the person was a member of the organisation, the organisation was a terrorist organisation, a state sponsor of terrorism or a prohibited hate group; or

(b) all of the following apply:

(i) the person has, or has had, an association with an organisation;

(ii) at any time during the person's association, the organisation was a terrorist organisation, a state sponsor of terrorism or a prohibited hate group;

(iii) the person intends, or intended, by the association, to support terrorism, extremism or hatred or to further acts of terrorism, extremism or hatred; or

(c) the person has been or is involved in conduct constituting a hate crime (whether or not the person, or another person, has been convicted of an offence constituted by the conduct); or

(d) both of the following apply:

(i) the person has made one or more public statements, or has endorsed a statement publicly, (whether in Australia or overseas, and including online statements) that involves the dissemination of ideas based on superiority over or hatred of other persons on the basis of race, colour, or national or ethnic origin;

(ii) in the event the person were allowed to enter or to remain in Australia, there is a risk of harm to the Australian community or to a segment of that community; or

(e) both of the following apply:

(i) the person has encouraged one or more other persons to make a statement publicly (whether in Australia or overseas, and including an online statement) that involves the dissemination of ideas based on superiority over or hatred of other persons on the basis of race, colour, or national or ethnic origin;

(ii) in the event the person were allowed to enter or to remain in Australia, there is a risk of harm to the Australian community or to a segment of that community.

Note 1: Antisemitic statements are an example of statements that involve harmful ideas based on superiority over or hatred of other persons on the basis of ethnic origin, as mentioned in subparagraphs (d)(i) and (e)(i).

Note 2: See also subsection 5(1) for definitions of terms used in this subsection.

Limbs do not limit each other

(1B) None of the limbs of the grounds for refusal or cancellation of a temporary safe haven visa are intended to limit or otherwise affecteach other.

Minister not required to determine whether membership or association is ongoing

(1C) The Minister is not required to determine whether a person's membership of or association with an organisation is continuing or has concluded when making a decision for the purposes of paragraph (1A)(a) or (b).