Hate Crimes
In January 2026, the Commonwealth government passed legislation to address antisemitism, hate, and extremism. The new laws included the introduction of a standalone offence of racial vilification, amendments to existing federal laws around hate crimes, and other changes. This page outlines the new hate crimes laws and the penalties they can attract.
Legislation
The Combatting Antisemitism, Hate and Extremism Act 2026 makes changes to the Criminal Code Act 1995 and the Migration Act 1958.
What is a hate crime?
Under the new legislation, a hate crime is defined as conduct that involves:
- an offence involving the use or threat of violence against a group, or against a member of a group, that is distinguished by race or national or ethnic origin
- the display of a prohibited hate symbol
- the performance of the Nazi salute
- publicly inciting hatred against a person or a group on the basis of their race or national or ethnic origin that would amount to an offence under a Commonwealth or state or territory law
- causing serious harm, causing serious damage to property, death, endangering a persons life or causing a serious risk to the health and safety of a section of the public, where the targeted person is distinguished by their race or national ethnic origin.
Longer penalties for hate crimes
The Act introduces longer maximum penalties for hate crimes already contained in the Criminal Code Act 1995. These include urging violence against members of groups, urging violence against groups, advocating terrorism, and advocating genocide.
Aggravated offence by religious leader
The Act also establishes a new criminal offence that applies to a religious officials and spiritual leaders who, in their capacity as a leader, advocate or threaten force or violence against groups, members of groups, their close associates, or property. This is contained in section 80.2DA.
This offence targets people in roles of influence — religious leaders, spiritual leaders, and similar authority figures — because their position may increase the likelihood that others will be radicalised or incited into harmful conduct.
The aggravated offence applies only if the advocacy or threat happens in the course of providing religious instruction, or religious or secular pastoral care (that is, in the context of the person’s position of authority).
The maximum penalty for this aggravated offence is imprisonment for 10 years, or imprisonment for 12 years if the conduct also threatens the peace, order and good government of the Commonwealth.
Responses to the laws
While some have welcomed the introduction of these laws, there have been serious reservations expressed about their appropriateness and whether their broadness may impinge on freedom of expression and democratic debate.
For some, the definition of ‘hate crime’ as applying solely to offences based on racial, national and ethnic hate is too narrow and a missed opportunity to legislate in a way that also protects other minority groups such as the LGBTIQ community.
A lot of concern has been expressed that the laws could interfere with freedom of speech, and specifically, that they could be misused to police legitimate criticism of foreign states and political ideologies such as Israel and Zionism.
Some critics have argued that if such criticism was found to be psychologically harmful, or as causing fear, intimidation, or emotional harm, it may be found to amount to an offence.
During parliamentary debate, attempts were made to explicitly protect political communication such as criticisms of Israel, but these proposals were rejected, leading to ongoing concerned about how political communication will be dealt with.
The government has said that the laws will be interpreted in context and that constitutional protections of freedom of political communication will apply.
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Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.