Combatting Antisemitism, Hate and Extremism Bill 2026

The Australian Human Rights Commission has made a submission to the Parliamentary Joint Committee on Intelligence and Security on the Combatting Antisemitism, Hate and Extremism Bill 2026 (Cth).

Antisemitism is a serious and growing human rights concern in Australia. The Jewish community has the right to live free from fear, hate and discrimination. The Bondi terror attack demonstrated the urgent need for effective action to protect communities from harm.

The Bill proposes significant reforms to address antisemitism, hate speech, extremist organisations and visa cancellation powers. While the Commission supports strong, targeted measures to combat hate and improve community safety, these reforms must remain proportionate, clearly defined and consistent with Australia’s human rights obligations.

This submission outlines areas where amendments are needed to ensure the Bill is operationally effective, balanced and rights protective.

Insufficient consultation

The timeframe for consultation has been inadequate. Major reforms of this kind require proper engagement with affected communities, experts and civil society.

Hate speech offences

The Commission supports criminalising the incitement of racial hatred in line with international obligations. The submission raises concerns about:

• vague and subjective thresholds
• the limitation of protections to race rather than including religion, sex, sexual orientation, gender identity, intersex status and disability
• the scope of the “religious text” defence, which may be exploited without clear safeguards
• the need to ensure the offence is precise and compatible with freedom of expression and religion.

Prohibited hate groups

The Bill proposes a new listing scheme for prohibited hate groups, triggering serious criminal offences. The Commission supports action against organisations that promote and incite racial hatred but recommends:

• raising the threshold for listing
• restoring procedural fairness
• ensuring offences capture harmful conduct - not mere association
• strengthening oversight through regular review and transparency.

Visa cancellation and refusal

The Commission recognises the need for effective mechanisms to prevent people who promote hate or extremism from entering or remaining in Australia. However, proposed amendments to the Migration Act raise concerns regarding:

• duplication of already broad existing powers
• vague terms such as “risk of harm” and “endorsement”
• the potential to capture trivial online behaviour or legitimate political expression
• significant impacts on families, long term residents and refugees
• proposals that lower key legal thresholds and expand ministerial discretion.

Commission recommendations

Across the Bill, the Commission recommends that the Australian Government:

• allow adequate time for consultation
• ensure hate speech protections are consistent across groups
• refine or remove vague terms to avoid unintended consequences
• strengthen safeguards, including procedural fairness and oversight
• ensure visa cancellation powers remain proportionate and evidence based
• and more.