Prime Minister Anthony Albanese has announced sweeping new legislation to create a formal list of hate groups, with a significantly lower bar for proscription than the existing terrorist organisation list. The move grants Australia's top spy chief unprecedented powers to recommend bans.
New Powers for Security Chiefs and Tough Penalties
The draft bill, released by the Labor government on Tuesday, introduces a new framework for combating hate. The Director-General of Security, who heads the Australian Security Intelligence Organisation (Asio), will be empowered to recommend to the Home Affairs Minister that an organisation be designated as a hate group. This recommendation would then go to the Governor-General for formal listing.
The proposed laws carry severe penalties. 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 proscribed group will also become criminal offences.
To be listed, a minister must be satisfied on reasonable grounds that the organisation has engaged in, planned, or advocated hate crimes based on race, national, or ethnic origin. The threshold is notably lower than for terrorist listings, focusing on the prevention of "social, economic, psychological and physical harm."
Immediate Fallout: Neo-Nazi Group Disbands
The announcement has had an immediate impact. The neo-Nazi organisation, the National Socialist Network (NSN), posted on Telegram that it would "fully disband" by 11.59pm on 18 January. This is the day before the legislation is due to be introduced to parliament.
The group stated it would dissolve along with affiliated projects like the White Australia Party. Home Affairs Minister Tony Burke had previously singled out NSN and the Islamist group Hizb ut-Tahrir as potential targets of the new laws.
Safeguards, Support, and Criticism
The bill includes several safeguards. The Attorney-General must provide written agreement, and a brief must be supplied to the Opposition Leader. Ministers also have the power to de-list groups when it is no longer reasonably necessary to prevent harm.
The Executive Council of Australian Jewry welcomed the draft as a "significant step in the right direction." However, co-CEO Peter Wertheim called for the laws to be expanded to protect LGBTQ+ and disability communities and to criminalise the "reckless" promotion of racial hatred.
Wertheim also criticised exemptions for quoting religious texts, stating, "The entire concept of a religious exemption for racial hatred is a relic of outdated thinking." The legislation is being fast-tracked through parliament following the Bondi terror attack.
