What specific offences and penalties are introduced by the Combatting Antisemitism, Hate and Extremism Bill 2026?
Executive summary
The Combatting Antisemitism, Hate and Extremism Bill 2026 creates a suite of new federal criminal offences targeting public promotion or incitement of racial hatred, bans on extremist symbols and gestures, and aggravated offences for certain leaders and settings, and pairs those measures with tougher penalties, firearm reforms and border controls; the government frames the changes as a necessary response to rising antisemitism and extremist mobilisation [1] [2] [3]. Critics and legal bodies flag significant rule‑of‑law risks from broad drafting, reverse burdens of proof and expanded executive powers; independent reviewers including the UN Special Rapporteur and the Law Council have urged revisions or caution [4] [5] [6].
1. New offence for publicly promoting or inciting racial hatred
The exposure draft institutes a federal offence that criminalises publicly promoting or inciting racial hatred where the conduct would cause a reasonable person to feel intimidated, harassed or fear violence; the draft expressly covers speech, symbols, gestures and online communications tied to race, colour or national or ethnic origin [3] [1]. The offence carries a maximum penalty of up to five years’ imprisonment in its base form, with higher sentences for aggravated circumstances identified elsewhere in the Bill [3].
2. Aggravated offences for “preachers and leaders” and vulnerable targets
The Bill creates aggravated offence categories that raise maximum penalties where conduct is carried out by religious officials, "hate preachers" or organisational leaders, and where children or other especially vulnerable groups are targeted, reflecting legislative amendments to the Criminal Code that insert prohibited‑hate‑group references into aggravated‑offence provisions [7] [1]. Reporting indicates these aggravated offences allow sentencing above the base five‑year maximum where the offender’s role or the victim profile increases harm [3] [7].
3. Symbol bans, reverse burdens and lowered fault elements
The draft expands prohibitions on symbols and gestures associated with extremist or terrorist organisations, including banning Nazi salutes and specified hate symbols, and introduces a controversial reversal of the evidential burden for some public‑interest elements of prohibited‑symbols offences; it also lowers the required mental fault element for offences involving prohibited terrorist organisation symbols [2] [8]. These drafting choices have been highlighted in official material and flagged by commentators and human‑rights experts as raising due‑process concerns [2] [4].
4. Extremist material, listing powers and customs/firearms measures
The Bill targets possession and sharing of violent extremist material as a criminal offence and establishes a framework for listing entities as state sponsors of terrorism or designating “hate groups,” granting ministerial and administrative powers to proscribe organisations and control associated conduct; complementary measures include firearms amendments, a national firearms buyback and customs law changes to disrupt extremist access to arms and material [2] [1] [9]. The Parliament and Attorney‑General’s explanatory memorandum tie the firearms and customs reforms to earlier government announcements and recommendations from a Special Envoy [2].
5. Penalties, enforcement and civil‑law consequences
Beyond imprisonment, the Bill increases maximum penalties for using postal or similar services to menace, harass or cause offence and broadens criminal and migration consequences including powers to refuse or cancel visas for those deemed to pose extremist risks, embedding both criminal and administrative sanctions in the package [8] [6]. The Law Council supports the policy aims but urges careful drafting to protect legal principles; civil‑liberties groups and legal analysts warn the combination of heavy penalties, executive designation powers and procedural shifts could produce chilling effects on legitimate speech [5] [6].
6. Where the public record is limited and what to watch next
The exposure draft and explanatory memorandum set out specific offence categories, penalty ranges and drafting approaches, but the final text, parliamentary amendments and committee inquiries will determine precise elements, defences and thresholds — matters multiple reviewers have urged Parliament to clarify, particularly regarding reverse burdens and the definition of “violent extremist material” [1] [4] [10]. Parliamentary committee review and any amendments will be the principal venue where the balance between community protection and procedural safeguards is tested [10].