Prime Minister Anthony Albanese has announced sweeping new legislation to combat hate groups in Australia, introducing a formal listing system with a significantly lower threshold than the existing terrorist organisation framework.
New Powers for Spy Chief and Stiff Penalties
The draft bill, released on Tuesday, grants the Director-General of Security, who also heads the Australian Security Intelligence Organisation (Asio), the authority to recommend to the Home Affairs Minister that an organisation be designated as a proscribed hate group. The minister would then take that recommendation to the Governor-General for formal listing.
An individual found guilty of intentionally directing the activities of a listed hate group could face up to 15 years in prison. Membership, recruitment, training, or providing support to a designated group will also become criminal offences.
The legislation requires the minister to be satisfied on reasonable grounds that the organisation has engaged in, planned, or advocated hate crimes based on race, national, or ethnic origin. Listing must be deemed reasonably necessary to prevent social, economic, psychological, and physical harm.
Immediate Impact and Group Disbandment
The neo-Nazi group the National Socialist Network (NSN) responded swiftly to the proposed laws. On Tuesday, it posted on Telegram claiming it would "fully disband" before 11.59pm on 18 January, the day before the legislation is introduced to parliament. Its co-projects, including the White Australia Party, will also dissolve.
Home Affairs Minister Tony Burke had previously singled out NSN and the Islamist group Hizb ut-Tahrir as potential targets of the new framework. The bill includes provisions for the largest gun buy-back scheme since the 1996 Port Arthur massacre, though it will not apply retrospectively to groups.
Reactions and Criticisms
The Executive Council of Australian Jewry welcomed the draft as a "significant step in the right direction" but highlighted key concerns. Co-CEO Peter Wertheim argued the new offence for promoting hatred should be expanded to protect LGBTQ+ and disability communities.
He also criticised the exemption for quoting religious texts, stating, "The entire concept of a religious exemption for racial hatred is a relic of outdated thinking... invoking religion as an excuse to dehumanise and mistreat others simply on the basis of who they are, must surely be a thing of the past."
The bill incorporates several safeguards, including requiring the Attorney-General's written agreement and a brief provided to the Opposition Leader. The minister also holds the power to de-list organisations in consultation with the Attorney-General.
