Prohibited Hate Groups
In January 2026, the Commonwealth government passed legislation to further criminalise antisemitism, hate, and extremism, in response to the horrific antisemitic terrorist attack that occurred in Bondi in December 2025. Among the changes, was the introduction of a power to designate a group as a ‘prohibited hate group’ and offences consisting of having involvement with a prohibited hate group.
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 prohibited hate group?
Under the new laws, the governor general has the power to designate a group as a prohibited hate group. This may occur after the Minister for the Australian Federal Police (AFP) has received information from the Director-General of Security (ASIO) and from the Attorney-General and has then provided a recommendation to the governor general.
A group may be designated as a prohibited hate group on the basis that it:
- has engaged in, planned, prepared or assisted in conduct that constitutes a hate crime (based on race, national or ethnic origin), or
- has advocated for such hate crimes
and such a listing is reasonably necessary to prevent harm (social, psychological, economic, physical) to the Australian community.
The ASIO director-general may recommend that a group be listed as a prohibited hate group on the basis that it:
- the group has engaged in activities that are likely to increase the risk of politically motivated violence, or of the promotion of communal violence; and
- the group has advocated for or engaged in politically motivated violence, or engaged in the promotion of communal violence; or
- engaged in activities that indicate a risk that the organisation may advocate for or engage in politically motivated violence, or engage in the promotion of communal violence, in the future.
The designation can be made regardless of whether or not a person has been convicted of a hate crime.
If the AFP minister considers that it is no longer reasonably necessary for a group to be designated a prohibited group, they must make a declaration to that effect, and the designation may be revoked.
Offences
Under Division 114B of the Act, there are a number of criminal offences consisting of being involved with a prohibited hate group.
Directing a prohibited hate group
It is an offence to intentionally direct a prohibited hate group, knowing or being reckless as to the fact that the organisation is a prohibited hate group.
The maximum penalty that applies for this offence is imprisonment for 15 years (where it is committed intentionally) or imprisonment for 10 years (where it is committed recklessly).
Membership of a prohibited hate group
It is an offence to intentionally be a member of a prohibited group, knowing the group is a prohibited hate group. The maximum penalty for this offence as imprisonment for seven years.
However, a person is not guilty of an offence if they took all reasonable steps to stop being a member of the group as soon as they found out that it was a prohibited group.
Recruiting for a prohibited hate group
A person commits an offence if they recruit another person to join or participate in the activities of a prohibited hate group knowing or being reckless as to the fact that the group is a prohibited hate group.
The maximum penalty that applies to this offence is imprisonment for 15 years (where the offence is committed intentionally) or imprisonment for 10 years (where the offences committed recklessly).
Training a prohibited hate group
It is an offence to intentionally provide, receive or participate in training to, or from, a prohibited hate group. The maximum penalty for this offence is imprisonment for 15 years.
Funding a prohibited hate group
It is an offence to intentionally provide funds to, or receive funds from a prohibited hate group knowing that the group is a prohibited hate group and intending to assist the group, or to collect funds for a prohibited hate group. The maximum penalty for this offence is imprisonment for 10 years.
Supporting a prohibited hate group
It is an offence to intentionally provide support or resources to a prohibited hate group, intending to assist the group to engage in hate crimes, knowing the group is a prohibited hate group. The maximum penalty for this offence is imprisonment for 15 years.
Public responses to the changes
The introduction of these laws has been controversial, with some groups welcoming them as a step towards greater community protection, and others arguing that the laws are an overreach.
One of the principal criticisms of the process for designating a group as a prohibited hate group is that the ministerial designation powers are not subject to a requirement to accord procedural fairness, meaning that there are limited avenues for review and accountability, and that unfair decisions may be made.
Other law reforms
The Combatting Antisemitism, Hate and Extremism Act 2026 also introduced a new racial vilification offence as well as changes to the laws surrounding hate crimes, including increased maximum penalties for some of the existing hate crimes under Commonwealth legislation.
In a separate amendment, it also made changes to the Migration Act 1958 that allow a visa to be refused or cancelled where the holder has advocated or engaged in hate crimes.
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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.