The Australian government has unveiled draft legislation for what it calls the nation's "toughest ever" hate speech laws, with a notable provision: individuals accused of breaching them could mount a legal defence by arguing they were directly quoting from a religious text.
Key Provisions and the Religious Defence
Extracts from the draft bill, obtained by media, outline that it will be illegal to publicly promote or incite hatred based on race, colour, or national or ethnic origin. This includes disseminating ideas of superiority or hatred towards a person or group.
However, embedded within the proposed laws is a specific legal defence. The legislation states the offence "does not apply to conduct that consists only of directly quoting from, or otherwise referencing, a religious text for the purpose of religious teaching or discussion." This clause is expected to generate significant debate as the bill moves forward.
Rushed Parliamentary Timetable
Prime Minister Anthony Albanese confirmed that parliament will be recalled for a special two-day sitting on 19 and 20 January to rush through the new legislation. Parliament was originally scheduled to return on 3 February.
The sitting will also include condolence motions for the 15 victims of the alleged terror attack at Bondi in December, which prompted the government's pledge to tackle antisemitism and crack down on hate speech and "hate preachers".
Scope of the Omnibus Legislation
The wide-ranging bill encompasses several major policy areas beyond hate speech. Key measures include:
- Creating serious offences for so-called hate preachers.
- Increasing penalties for hate crimes and introducing a new racial vilification offence.
- Establishing a new, lower-threshold listing for prohibited hate groups, separate from terror group listings.
- Introducing provisions for what would be the largest gun buyback program since the Port Arthur massacre.
- Ensuring extremist motivation is factored into sentencing.
- Strengthening bans on prohibited symbols and creating a new offence for inciting hatred to intimidate or harass.
- Granting the home affairs minister new powers to cancel or refuse visas.
Political Reactions and Concerns
Attorney General Michelle Rowland asserted the laws would target "those who seek to spread hatred and disrupt social cohesion" and send a clear message that such conduct is intolerable.
However, the bill faces political hurdles. Opposition Leader Sussan Ley expressed deep scepticism, accusing the government of playing politics by combining the hate speech crackdown with unrelated firearm measures in a single omnibus bill. "Issues of speech are clearly separate from the ownership and management of firearms," Ley stated.
Prime Minister Albanese defended the combined approach, stating, "The terrorists at Bondi beach had hatred in their minds, but guns in their hands. This law will deal with both."
Crossbench MPs are due to be briefed on the legislation, but some have privately voiced concerns that the major parties will use the secretive intelligence and security committee to limit genuine consultation. Neither the Coalition nor the Greens have yet committed to supporting the bill's passage through the Senate.
The draft legislation is set to be released publicly, with the government aiming for it to be passed before question time on Tuesday, 20 January.
