Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026

No. 2, 2026

An Act to amend legislation relating to criminal and migration laws, and for related purposes

Contents

1 Short title 1

2 Commencement 2

3 Schedules 2

Schedule 1—Criminal law amendments 3

Part 1—Aggravated offences for preachers and leaders 3

Criminal Code Act 1995 3

Part 2—Increased penalty for using a postal or similar service to menace, harass or cause offence 7

Criminal Code Act 1995 7

Part 3—Aggravated sentencing factor 8

Crimes Act 1914 8

Part 4—Prohibited hate groups 9

Division 1—Main amendments 9

Criminal Code Act 1995 9

Division 2—Consequential amendments 25

Australian Citizenship Act 2007 25

Australian Security Intelligence Organisation Act 1979 26

Legislation (Exemptions and Other Matters) Regulation 2015 26

Surveillance Devices Act 2004 26

Telecommunications (Interception and Access) Act 1979 26

Part 5—Aggravated grooming offences 27

Criminal Code Act 1995 27

Part 6—Hate symbols 32

Division 1—Reversing the burden of proof for public interest elements of prohibited symbols offences 32

Criminal Code Act 1995 32

Division 2—Lowering the fault element for prohibited terrorist organisation symbols offences 34

Criminal Code Act 1995 34

Division 3—Expanding definition of prohibited organisation symbol 34

Criminal Code Act 1995 34

Division 4—Amending the reasonable person test 36

Criminal Code Act 1995 36

Division 5—Directions power 38

Criminal Code Act 1995 38

Division 6—Seizing things displaying prohibited symbols 39

Criminal Code Act 1995 39

Part 7—Statutory reviews 41

Intelligence Services Act 2001 41

Schedule 2—Migration amendments 43

Part 1—Amendment of the Migration Act 1958 43

Migration Act 1958 43

Part 2—Amendment of the Migration Regulations 1994 51

Migration Regulations 1994 51

Schedule 3—Transitional rules 52

Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026

No. 2, 2026

An Act to amend legislation relating to criminal and migration laws, and for related purposes

[Assented to 21 January 2026]

The Parliament of Australia enacts:

1 Short title

This Act is the Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026.

2 Commencement 1

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information	Commencement information	Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this Act	The day after this Act receives the Royal Assent.	22 January 2026

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Note: The provisions of a legislative instrument amended or inserted by this Act, and any other provisions of that instrument, may be amended or repealed by a person who is currently authorised under the enabling legislation for the instrument to make instruments of the same kind (see subsection 13(5) of the Legislation Act 2003).

Criminal law amendments

Criminal Code Act 1995

1 Subsection 80.2BA(1) of the Criminal Code (penalty and note)

Repeal the penalty and note, substitute:

Note 1: For intention, see section 5.2.

Note 2: A person might commit an aggravated offence if the person is a religious official or spiritual leader etc. (see section 80.2DA).

Penalty: Imprisonment for 10 years.

2 Subsection 80.2BA(2) of the Criminal Code (penalty and note)

Repeal the penalty and note, substitute:

Note 1: For intention, see section 5.2.

Note 2: A person might commit an aggravated offence if the person is a religious official or spiritual leader etc. (see section 80.2DA).

Penalty: Imprisonment for 7 years.

3 Subsection 80.2BB(1) of the Criminal Code (penalty and note)

Repeal the penalty and note, substitute:

Note 1: For intention, see section 5.2.

Note 2: A person might commit an aggravated offence if the person is a religious official or spiritual leader etc. (see section 80.2DA).

Penalty: Imprisonment for 10 years.

4 Subsection 80.2BB(2) of the Criminal Code (penalty and note)

Repeal the penalty and note, substitute:

Note 1: For intention, see section 5.2.

Note 2: A person might commit an aggravated offence if the person is a religious official or spiritual leader etc. (see section 80.2DA).

Penalty: Imprisonment for 7 years.

5 Subsection 80.2BD(1) of the Criminal Code (penalty and note)

Repeal the penalty and note, substitute:

Note 1: For intention, see section 5.2.

Note 2: A person might commit an aggravated offence if the person is a religious official or spiritual leader etc. (see section 80.2DA).

Penalty: Imprisonment for 10 years.

6 Subsection 80.2BD(2) of the Criminal Code (penalty and note)

Repeal the penalty and note, substitute:

Note 1: For intention, see section 5.2.

Note 2: A person might commit an aggravated offence if the person is a religious official or spiritual leader etc. (see section 80.2DA).

Penalty: Imprisonment for 7 years.

7 At the end of Subdivision C of Division 80 of the Criminal Code

Add:

Penalty: Imprisonment for 12 years.

Penalty: Imprisonment for 10 years.

80.2DA Aggravated offence for religious officials or other spiritual leaders etc. 1

A person commits an offence if:

(a) the person commits an offence against subsection 80.2A(1), 80.2B(1), 80.2BA(1), 80.2BB(1), 80.2BC(1), 80.2BD(1) or 80.2BE(1) (the underlying offence); and

the conduct is engaged in by the person in the person’s capacity as:

a religious official; or

a spiritual leader; or

iii

another leader (however described) of a group, who provides religious instruction or pastoral care (whether religious or secular).

A person commits an offence if:

(a) the person commits an offence against subsection 80.2A(2), 80.2B(2), 80.2BA(2), 80.2BB(2), 80.2BC(2), 80.2BD(2) or 80.2BE(2) (the underlying offence); and

the conduct is engaged in by the person in the person’s capacity as:

a religious official; or

a spiritual leader; or

iii

another leader (however described) of a group, who provides religious instruction or pastoral care (whether religious or secular).

There is no fault element for the physical element of conduct described in paragraph (1)(a) or (2)(a) other than the fault elements (however described), if any, for the underlying offence.

To avoid doubt:

a person does not commit an underlying offence for the purposes of paragraph (1)(a) or (2)(a) if the person has a defence to the underlying offence; and

a person may be convicted of an offence against subsection (1) or (2) even if the person has not been convicted of the underlying offence.

Double jeopardy for an aggravated offence

Definitions

religious official includes a person who performs religious functions (including a person who leads worship or provides religious instruction), whether or not the person has been appointed (formally or informally) to an official role in a religious institution.

spiritual leader includes a person who performs religious functions (including a person who leads worship or provides religious instruction), whether or not the person has been appointed (formally or informally) as a spiritual leader.

Criminal Code Act 1995

To avoid doubt, if a person has been acquitted or convicted of an underlying offence, the person cannot be convicted of the corresponding aggravated offence for the same conduct.

In this section:

8 Section 471.12 of the Criminal Code (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 5 years.

9 Application

The amendments of the Criminal Code made by this Part apply in relation to conduct engaged in after the commencement of this Part.

Crimes Act 1914

10 After paragraph 16A(2)(ma)

Insert:

that fact as a reason for aggravating the seriousness of the criminal behaviour to which the offence relates;

if:

(i) the person’s conduct constituting the offence was motivated, whether wholly or in part, by hatred of another person (the target person) or a group of persons (the target group); and

that hatred was because of the person’s belief that the target person or persons in the target group are distinguished by race, or national or ethnic origin;

11 After subsection 16A(2AA)

Insert:

(2AAB) Paragraph (2)(mb) does not apply in relation to an offence against Criminal Code.section 80.2A, 80.2B, 80.2BA, 80.2BB, 80.2BC, 80.2BD, 80.2BE, 80.2DA or 80.2DB of the

(2AAC) Without limiting subparagraph (2)(mb)(i), a person’s conduct constituting the offence is motivated by hatred if, at the time of the conduct, or immediately before or immediately after the conduct, the person demonstrated, or expressed, hostility or malice in respect of the race, or national or ethnic origin, of the target person or the persons in the target group.

(2AAD) For the purposes of paragraph (2)(mb), it is immaterial whether the target person, or members of the target group, actually are distinguished by the particular race, or national or ethnic origin.

Criminal Code Act 1995

12 After paragraph 5(2)(fa)

Insert:

Part 5.3B (prohibited hate groups);

13 After Part 5.3A of the Criminal Code

Insert:

Note: The Covenant and Convention could in 2026 be viewed in the Australian Treaties Library on the AustLII website (https://www.austlii.edu.au).

Note: Consistent with the implied freedom of political communication, subsection (5) is directed at serious conduct or the threat of serious conduct of a criminal nature.

Note: Certain steps must be taken before a prohibited hate group regulation can be made (see sections 114A.5 and 114A.6).

Note: For defences, see section 114B.7.

Penalty: Imprisonment for 15 years.

Note: For defences, see section 114B.7.

Penalty: Imprisonment for 10 years.

Penalty: Imprisonment for 7 years.

Note 1: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4).

Note 2: For other defences, see section 114B.7.

Note: For defences, see section 114B.7.

Penalty: Imprisonment for 15 years.

Note: For defences, see section 114B.7.

Penalty: Imprisonment for 10 years.

Penalty: Imprisonment for 15 years.

Note 1: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3)).

Note 2: For other defences, see section 114B.7.

Penalty: Imprisonment for 15 years.

Penalty: Imprisonment for 10 years.

Note 1: A defendant bears a legal burden in relation to the matter in subsection (3) (see section 13.4).

Note 2: For other defences, see section 114B.7.

Note: For defences, see section 114B.7.

Penalty: Imprisonment for 15 years.

Note: For defences, see section 114B.7.

Penalty: Imprisonment for 10 years.

Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3)).

114A.1 Objects 1

The objects of this Part are to:

protect the Australian community or part of the Australian community against social, economic, psychological and physical harm (including harm mentioned in subsection (2)), and from the promotion of violence, by prohibiting organisations that engage in, prepare or plan to engage in, or assist the engagement in, or advocate engaging in, conduct constituting a hate crime; and

to give effect to Australia’s obligations under the following:

Articles 20 and 26 of the International Covenant on Civil and Political Rights, done at New York on 16 December 1966, as amended and in force for Australia from time to time;

Articles 4(a) and (b) of the International Convention on the Elimination of all Forms of Racial Discrimination, done at New York on 21 December 1965, as amended and in force for Australia from time to time.

For the purposes of paragraph (1)(a), social, economic, psychological and physical harm includes social, economic, psychological and physical harm caused by the continued presence in Australia of organisations that have engaged in, prepared or planned to engage in, or assisted the engagement in, or advocated engaging in, conduct constituting a hate crime.

114A.2 Definitions 1

In this Part:

advocate has the meaning given by subsection (2).

AFP Minister means the Minister administering the Australian Federal Police Act 1979.

funds means:

hate crime has the meaning given by section 114A.3.

member of an organisation includes:

organisation means a body corporate or an unincorporated body, whether or not the body:

prohibited hate group means an organisation that is specified by the regulations for the purposes of this definition (see sections 114A.4 to 114A.8).

prohibited hate group regulation means a regulation specifying an organisation for the purposes of the definition of prohibited hate group in this section.

recruit includes induce, incite and encourage.

Definition of advocates

in circumstances where there is an unacceptable risk that such praise might have the effect of leading a person (regardless of the person’s age or any mental impairment that the person might suffer) to engage in conduct constituting a hate crime.

property and assets of every kind, whether tangible or intangible, movable or immovable, however acquired; and

legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such property or assets, including, but not limited to, bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, debt instruments, drafts and letters of credit.

a person who is an informal member of the organisation; and

a person who has taken steps to become a member of the organisation; and

in the case of an organisation that is a body corporate—a director or an officer of the body corporate.

is based outside Australia; or

consists of persons who are not Australian citizens; or

is part of a larger organisation.

(2) In this Part, an organisation advocates engaging in conduct constituting a hate crime if:

the organisation counsels, promotes, encourages or urges the engagement in conduct constituting a hate crime; or

the organisation provides instruction on how to engage in conduct constituting a hate crime; or

the organisation praises the engagement in:

conduct constituting a hate crime; or

conduct that would constitute a hate crime if engaged in in Australia;

114A.3 Definition of hate crime 1

(1) A hate crime is conduct (whether engaged in before or after this section commences):

that would constitute any of the following offences:

an offence under Subdivision C of Division 80 (urging or threatening violence and offences against groups or members of groups), other than section 80.2, 80.2C or 80.2D, to the extent that the targeted group (within the meaning of the offence) is distinguished by race or national or ethnic origin;

an offence under section 80.2H or 80.2HA (publicly displaying prohibited symbols and giving Nazi salute); or

that was engaged in before a provision referred to in paragraph (a) commenced and would have constituted an offence against the provision had the provision been in force at the time the conduct was engaged in.

(2) A hate crime is also conduct (whether engaged in before or after this section commences):

(a) that involves publicly inciting hatred of another person (the target) or a group of persons (the target group) because of the race or national or ethnic origin of the target or target group and that:

would constitute an offence against a provision of a law of the Commonwealth; or

would constitute an offence against a provision of a law of a State or a Territory as is in force at the commencement of this section, being a provision specified in subsection (3), to the extent that the offence relates to race or national or ethnic origin; or

iii

if engaged in before a provision referred to in subparagraph (i) or (ii) commenced—would have constituted an offence against the provision had the provision been in force at the time the conduct was engaged in; and

that would, in all the circumstances, cause a reasonable person who is the target, or a member of the target group, to be intimidated, to fear harassment or violence, or to fear for their safety.

For the purposes of subparagraph (2)(a)(ii), the provisions are the following:

(a) Crimes Act 1900 (NSW);section 93ZAA of the

(b) subsection 195N(1) of the Crimes Act 1958 (Vic.);

(d) Criminal Code Act Compilation Act 1913 (WA);section 77 or 78 of the Schedule to the

(e) Racial Vilification Act 1996 (SA);section 4 of the

(f) Criminal Code 2002 (ACT).section 750 of the

For the purposes of subsection (1) and subparagraphs (2)(a)(i), (ii) and (iii), if a defence applies in relation to conduct, that conduct is not conduct that would constitute an offence.

(5) A hate crime is also conduct, or threat of conduct, (whether engaged in or threatened before or after this section commences):

(a) that involves, or would involve, any one or more of the following:

(i) causing serious harm to a person (the targeted person);

(ii) causing serious damage to property (the targeted property);

iii

(iii) causing a person’s (the targeted person) death;

(iv) endangering a person’s (the targeted person) life, other than the life of the person taking the action;

(v) creating a serious risk to the health or safety of a section of the public (the targeted persons); and

that a person engaged in or threatened to engage in because of the person’s belief that:

the targeted person or persons are distinguished by race or national or ethnic origin; or

(ii) the targeted property is associated with a person or persons distinguished by race or national or ethnic origin.

For the purposes of paragraph (5)(b), it is immaterial whether:

the targeted person or persons actually were distinguished by race or national or ethnic origin; or

the targeted property actually was associated with a person or persons distinguished by race or national or ethnic origin.

114A.4 Regulations specifying prohibited hate groups 1

Before the Governor-General makes a prohibited hate group regulation specifying an organisation, the AFP Minister must be satisfied on reasonable grounds that:

the organisation:

has engaged in, prepared or planned to engage in, or assisted the engagement in, conduct constituting a hate crime; or

has advocated (whether or not in Australia) engaging in conduct constituting a hate crime, other than an offence against section 80.2A, 80.2B, 80.2BC or 80.2BE (advocacy offences); and

specifying the organisation as a prohibited hate group is reasonably necessary to protect the Australian community or part of the Australian community against harm of any one or more of the kinds referred to in paragraph 114A.1(1)(a).

Conduct constituting a hate crime may have occurred before commencement

References to engaging in conduct constituting a hate crime

Conviction not required

No procedural fairness required

In subsection (1):

a reference to conduct constituting a hate crime includes a reference to conduct constituting a hate crime that occurred before subsection (1) commences; and

a reference to having engaged in, prepared or planned to engage in, or assisted the engagement in, or having advocated engaging in, conduct constituting a hate crime includes a reference to having engaged in, prepared or planned to engage in, or assisted the engagement in, or having advocated engaging in, conduct constituting a hate crime before subsection (1) commences.

In this section, a reference to engaging in conduct constituting a hate crime includes:

a reference to engaging in conduct constituting a hate crime, even if a hate crime does not occur; and

a reference to engaging in conduct constituting a specific hate crime; and

a reference to engaging in conduct constituting more than one hate crime.

A person does not need to have been convicted of a hate crime in order for the AFP Minister to be satisfied an organisation has engaged in conduct of a kind mentioned in paragraph (1)(a).

The AFP Minister is not required to observe any requirements of procedural fairness in deciding whether or not the AFP Minister is satisfied for the purposes of this section.

114A.5 Director-General of Security advice to be provided before specifying an organisation as a prohibited hate group

Director-General may provide advice to AFP Minister

Receipt of advice from Director-General of Security

AFP Minister may take account of other information

Function taken to be function of Organisation

No procedural fairness required

Definitions

politically motivated violence has the meaning given by section 4 of the Australian Security Intelligence Organisation Act 1979.

promotion of communal violence has the meaning given by section 4 of the Australian Security Intelligence Organisation Act 1979.

(1) The Director-General may provide written advice to the AFP Minister recommending that the AFP Minister consider whether an organisation should be specified as a prohibited hate group. However, the Director-General may provide the advice only if the Director-General is satisfied of one or more of the following:

both of the following apply:

the organisation has engaged in activities;

the Director-General is satisfied that the activities, or the continued engagement in the activities, would or are likely to increase the risk of politically motivated violence, or of the promotion of communal violence;

the organisation has:

advocated for or engaged in politically motivated violence, or engaged in the promotion of communal violence; or

(ii) 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 AFP Minister may consider recommending that the Governor-General makes a prohibited hate group regulation specifying the organisation only if the AFP Minister has received advice from the Director-General of Security in accordance with subsection (1).

To avoid doubt, the AFP Minister may take into account information in addition to the written advice in determining whether an organisation should be specified as a prohibited hate group.

(4) The function of the Director-General under this section is, for the purposes of the Australian Security Intelligence Organisation Act 1979, taken to be a function of the Organisation.

The Director-General is not required to observe any requirements of procedural fairness in providing advice under this section.

In this section:

114A.6 Engaging with the Attorney-General and Leader of the Opposition

Before the Governor-General makes a prohibited hate group regulation specifying an organisation, the AFP Minister must:

obtain the Attorney-General’s agreement in writing to the organisation being specified for the purposes of that definition; and

arrange for the Leader of the Opposition in the House of Representatives to be briefed in relation to the proposed regulation.

114A.7 Including or removing names of prohibited hate groups 1

This section applies if the AFP Minister is satisfied on reasonable grounds that:

an organisation is specified by a prohibited hate group regulation; and

the organisation:

(i) is referred to by another name (the alias), in addition to, or instead of, a name used to specify the organisation in the regulations; or

(ii) no longer uses a name (the former name) used in the regulations to specify the organisation.

The AFP Minister may, by legislative instrument, amend the regulations to do either or both of the following:

include the alias in the regulations if the AFP Minister is satisfied as referred to in subparagraph (1)(b)(i);

remove the former name from the regulations if the AFP Minister is satisfied as referred to in subparagraph (1)(b)(ii).

(3) Amendment of regulations under subsection (2) does not prevent the further amendment or repeal of the regulations by regulations made under prohibited hate group in subsection 114A.2(1).section 5 of this Act for the purposes of the definition of

The AFP Minister may not, by legislative instrument made under this section, amend the regulations to remove entirely an organisation that has been prescribed.

To avoid doubt, this section does not affect the power under section 5 of this Act to make a prohibited hate group regulation.

114A.8 De-listing a prohibited hate group 1

If:

an organisation is specified by a prohibited hate group regulation; and

the AFP Minister ceases to be satisfied that it is reasonably necessary for the organisation to be so specified to protect the Australian community or part of the Australian community against harm of any of the kinds referred to in paragraph 114A.1(1)(a);

the AFP Minister must, by notifiable instrument, make a declaration to the effect that the AFP Minister has ceased to be so satisfied.

Declaration to specify a day

Delisted organisation may be relisted later

Before the AFP Minister makes a declaration under subsection (1), the AFP Minister must:

have regard to the matters referred to in subsection 114A.4(1); and

consult the Attorney-General in relation to the making of the declaration; and

arrange for the Leader of the Opposition in the House of Representatives to be briefed in relation to the proposed declaration.

The declaration must specify the day on which the AFP Minister ceased to be satisfied as mentioned in paragraph (1)(b).

The regulations, to the extent to which they specify the organisation, are taken to cease to have effect on the day specified in the declaration under subsection (3), even if that day occurred before the day on which the declaration is made.

To avoid doubt, subsections (1) to (4) do not prevent the organisation from being subsequently specified by a prohibited hate group regulation if the AFP Minister becomes satisfied as mentioned in subsection 114A.4(1).

114A.9 Reviews by Parliamentary Joint Committee on Intelligence and Security 1

This section applies in relation to the following legislative instruments:

a prohibited hate group regulation;

an instrument made under section 114A.7 (including or removing names of prohibited hate groups).

The Parliamentary Joint Committee on Intelligence and Security may:

review the legislative instrument at any time; and

report the Committee’s comments and recommendations to each House of the Parliament.

Review of disallowable legislative instrument—extension of disallowance period

then Legislation Act 2003 has effect, in relation to that disallowable legislative instrument and that House, as if each period of 15 sitting days referred to in that Part were extended in accordance with the table:Part 2 of Chapter 3 of the

Applicable disallowance period

If the Committee’s report on a review of a disallowable legislative instrument is tabled in a House of the Parliament under subsection (2):

during the applicable disallowance period for that House; and

on or after the eighth sitting day of the applicable disallowance period;

(4) The applicable disallowance period for a House of the Parliament means the period of 15 sitting days of that House after the disallowable legislative instrument, or a copy of the disallowable legislative instrument, was laid before that House in accordance with section 38 of the Legislation Act 2003.

114B.1 Directing the activities of a prohibited hate group 1

A person commits an offence if:

the person intentionally directs the activities of an organisation; and

the organisation is a prohibited hate group; and

the person knows the organisation is a prohibited hate group.

A person commits an offence if:

the person intentionally directs the activities of an organisation; and

the organisation is a prohibited hate group; and

the person is reckless as to whether the organisation is a prohibited hate group.

114B.2 Membership of a prohibited hate group 1

A person commits an offence if:

the person intentionally is a member of an organisation; and

the organisation is a prohibited hate group; and

the person knows the organisation is a prohibited hate group.

Subsection (1) does not apply if the person proves that the person took all reasonable steps to cease to be a member of the organisation as soon as practicable after the person knew that the organisation was a prohibited hate group.

114B.3 Recruiting for a prohibited hate group 1

A person commits an offence if:

the person intentionally recruits a person to join, or participate in the activities of, an organisation; and

the organisation is a prohibited hate group; and

the first-mentioned person knows the organisation is a prohibited hate group.

A person commits an offence if:

the person intentionally recruits a person to join, or participate in the activities of, an organisation; and

the organisation is a prohibited hate group; and

the first-mentioned person is reckless as to whether the organisation is a prohibited hate group.

114B.4 Training involving a prohibited hate group 1

A person commits an offence if:

the person does any of the following:

intentionally provides training to an organisation intending the training to assist the organisation to engage in conduct described in paragraph 114A.4(1)(a);

intentionally provides training to an organisation intending the training to assist the organisation to expand or to continue to exist;

iii

intentionally receives training from an organisation;

intentionally participates in training with an organisation; and

the organisation is a prohibited hate group.

Subject to subsection (3), strict liability applies to paragraph (1)(b).

Subsection (1) does not apply unless the person is reckless as to the circumstance mentioned in paragraph (1)(b).

114B.5 Getting funds to, from or for a prohibited hate group 1

A person commits an offence if:

the person intentionally:

receives funds from, or makes funds available to, an organisation (whether directly or indirectly) intending the receipt or provision of the funds to assist the organisation to engage in conduct described in paragraph 114A.4(1)(a); or

iii

collects funds for, or on behalf of, an organisation (whether directly or indirectly); and

the organisation is a prohibited hate group; and

the person knows the organisation is a prohibited hate group.

A person commits an offence if:

the person intentionally:

iii

collects funds for, or on behalf of, an organisation (whether directly or indirectly); and

the organisation is a prohibited hate group; and

the person is reckless as to whether the organisation is a prohibited hate group.

Subsections (1) and (2) do not apply to the person’s receipt of funds from the organisation if the person proves that the person received the funds solely for the purpose of the provision of:

legal representation for a person in proceedings relating to this Part; or

legal advice or legal representation in connection with the question of whether the organisation is a prohibited hate group; or

assistance to the organisation for it to comply with a law of the Commonwealth or a State or Territory.

114B.6 Providing support to a prohibited hate group 1

A person commits an offence if:

the person intentionally provides to an organisation support or resources intending the support or resources to assist:

the organisation to engage in conduct described in paragraph 114A.4(1)(a); or

the organisation to expand or to continue to exist; and

the organisation is a prohibited hate group; and

the person knows the organisation is a prohibited hate group.

A person commits an offence if:

the person intentionally provides to an organisation support or resources intending the support or resources to assist:

the organisation to engage in conduct described in paragraph 114A.4(1)(a); or

the organisation to expand or to continue to exist; and

the organisation is a prohibited hate group; and

the person is reckless as to whether the organisation is a prohibited hate group.

114B.7 General defences

It is not an offence against this Division to do either of the following:

do a thing in accordance with an arrangement or agreement to which the Commonwealth is a party;

perform an official duty or function for the Commonwealth, a State or a Territory.

114C.1 Extended geographical jurisdiction for offences

Section 15.2 (extended geographical jurisdiction—category B) applies to an offence against this Part.

114C.2 Alternative verdicts 1

(1) This section applies if, in a prosecution for an offence (the prosecuted offence) against a subsection of a section of this Part, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence) against another subsection of that section.

The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

Australian Citizenship Act 2007

14 Section 3 (paragraph (cb) of the definition of national security offence)

After “(terrorism)”, insert “, or 5.3B (prohibited hate groups),”.

Australian Security Intelligence Organisation Act 1979

15 After paragraph 35(2)(c)

Insert:

Legislation (Exemptions and Other Matters) Regulation 2015

(ca) providing advice to the AFP Minister under Criminal Code (specifying an organisation as a prohibited hate group);section 114A.5 of the

16 Section 12 (after table item 18D)

Insert:

Surveillance Devices Act 2004

17 Subparagraphs 30(1)(a)(viii) and (1A)(a)(iv)

After “113,”, insert “114B,”.

Telecommunications (Interception and Access) Act 1979

18 Subsection 5D(1) (after paragraph (vd) of the definition of serious offence)

Insert:

Criminal Code Act 1995

(ve) Criminal Code (prohibited hate groups); orDivision 114B of the

19 Subsection 80.2A(1) of the Criminal Code (penalty and note)

Repeal the penalty and note, substitute:

Note 1: For intention, see section 5.2. For recklessness, see section 5.4.

Note 2: A person might commit an aggravated offence if the person is a religious official or other spiritual leader etc. (see section 80.2DA) or the recipient of the advocacy is less than 18 years old (see section 80.2DB).

Penalty: Imprisonment for 10 years.

20 Subsection 80.2A(2) of the Criminal Code (penalty and note)

Repeal the penalty and note, substitute:

Note 1: For intention, see section 5.2. For recklessness, see section 5.4.

Penalty: Imprisonment for 7 years.

21 Subsection 80.2B(1) of the Criminal Code (penalty and note)

Repeal the penalty and note, substitute:

Note 1: For intention, see section 5.2. For recklessness, see section 5.4.

Penalty: Imprisonment for 10 years.

22 Subsection 80.2B(2) of the Criminal Code (penalty and note)

Repeal the penalty and note, substitute:

Note 1: For intention, see section 5.2. For recklessness, see section 5.4.

Penalty: Imprisonment for 7 years.

23 Subsection 80.2BC(1) of the Criminal Code (penalty and note)

Repeal the penalty and note, substitute:

Note 1: For intention, see section 5.2. For recklessness, see section 5.4.

Penalty: Imprisonment for 10 years.

24 Subsection 80.2BC(2) of the Criminal Code (penalty and note)

Repeal the penalty and note, substitute:

Note 1: For intention, see section 5.2. For recklessness, see section 5.4.

Penalty: Imprisonment for 7 years.

25 Subsection 80.2BE(1) of the Criminal Code (penalty and note)

Repeal the penalty and note, substitute:

Note 1: For intention, see section 5.2. For recklessness, see section 5.4.

Penalty: Imprisonment for 10 years.

26 Subsection 80.2BE(2) of the Criminal Code (penalty and note)

Repeal the penalty and note, substitute:

Note 1: For intention, see section 5.2. For recklessness, see section 5.4.

Penalty: Imprisonment for 7 years.

27 At the end of Subdivision C of Division 80 of the Criminal Code

Add:

Penalty: Imprisonment for 12 years.

Penalty: Imprisonment for 10 years.

80.2DB Aggravated offence—advocating violence or property damage etc. to a child 1

(1) A person (the offender) commits an offence if:

(a) the offender commits an offence against subsection 80.2A(1), 80.2B(1), 80.2BC(1) or 80.2BE(1) (the underlying offence) by advocating for one or more other persons to use force or violence, or cause damage or destruction; and

at the time of the conduct, the offender is at least 18 years old; and

the offender is reckless as to whether, at the time of the conduct, at least one of the other persons is less than 18 years old (whether or not one of those other persons actually is less than 18 years old).

(2) A person (the offender) commits an offence if:

(a) the offender commits an offence against subsection 80.2A(2), 80.2B(2), 80.2BC(2) or 80.2BE(2) (the underlying offence) by advocating for one or more other persons to use force or violence, or cause damage or destruction; and

at the time of the conduct, the offender is at least 18 years old; and

There is no fault element for the physical element in paragraph (1)(a) or (2)(a) other than the fault elements (however described), if any, for the underlying offence.

Absolute liability applies to paragraphs (1)(b) and (2)(b).

To avoid doubt:

a person does not commit an underlying offence for the purposes of paragraph (1)(a) or (2)(a) if the person has a defence to the offence; and

a person may be convicted of an offence against subsection (1) or (2) even if the person has not been convicted of the underlying offence.

Double jeopardy for aggravated offences

To avoid doubt, if a person has been acquitted or convicted of an underlying offence, the person cannot be convicted of the corresponding aggravated offence for the same conduct.

28 After subsection 474.45B(1) of the Criminal Code (before the penalty)

Insert:

Note: A person might commit an aggravated offence if an individual to whom such material is provided, or from whom such material is solicited, is less than 18 years old (see section 474.45BA).

29 After section 474.45B of the Criminal Code

Insert:

Penalty: Imprisonment for 7 years.

474.45BA Aggravated offence for using a carriage service for violent extremist material 1

A person commits an offence if:

(a) the person commits an offence against subsection 474.45B(1) (the underlying offence); and

the person is at least 18 years old; and

the conduct constituting the offence involved either:

transmitting, making available, publishing, distributing, advertising or promoting material or an electronic link to an individual or individuals; or

soliciting material or an electronic link from an individual or individuals; and

the person is reckless as to whether, at the time of the conduct, at least one of the individuals is less than 18 years old (whether or not one of those individuals actually is less than 18 years old).

There is no fault element for the physical element of conduct described in paragraph (1)(a) other than the fault elements (however described), if any, for the underlying offence.

Absolute liability applies to paragraph (1)(b).

To avoid doubt:

a person does not commit an underlying offence for the purposes of paragraph (1)(a) if the person has a defence to the underlying offence; and

a person may be convicted of an offence against subsection (1) even if the person has not been convicted of the underlying offence.

Double jeopardy for an aggravated offence

Criminal Code Act 1995

To avoid doubt, if a person has been acquitted or convicted of an underlying offence, the person cannot be convicted of the corresponding aggravated offence for the same conduct.

30 Paragraph 80.2H(1)(c) of the Criminal Code

Omit “applies; and”, substitute “applies.”.

31 Paragraph 80.2H(1)(d) of the Criminal Code

Repeal the paragraph.

32 Subsection 80.2H(1) of the Criminal Code (note)

Omit “subsection (10)”, substitute “subsections (9) and (10)”.

33 Subsection 80.2H(2) of the Criminal Code

Omit “paragraphs (1)(c) and (d)”, substitute “paragraph (1)(c)”.

34 Subsection 80.2H(9) of the Criminal Code

Repeal the subsection, substitute:

Defences—religious, academic, educational, artistic, literary, scientific or journalistic purpose

Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).

Subsection (1) does not apply to a person if a reasonable person would consider that:

the conduct mentioned in paragraph (1)(a) is engaged in for a purpose that is:

a religious, academic, educational, artistic, literary or scientific purpose; and

not contrary to the public interest; or

the conduct mentioned in paragraph (1)(a) is engaged in for the purposes of making a news report, or a current affairs report, that:

is in the public interest; and

is made by a person working in a professional journalistic capacity.

35 Subsection 80.2H(10) of the Criminal Code (heading)

Repeal the heading, substitute:

Defences—public duties etc. or opposing ideology

36 Paragraph 80.2HA(1)(c) of the Criminal Code

Omit “applies; and”, substitute “applies.”.

37 Paragraph 80.2HA(1)(d) of the Criminal Code

Repeal the paragraph.

38 Subsection 80.2HA(1) of the Criminal Code (note)

Omit “subsection (10)”, substitute “subsections (9) and (10)”.

39 Subsection 80.2HA(2) of the Criminal Code

Omit “paragraphs (1)(c) and (d)”, substitute “paragraph (1)(c)”.

40 Subsection 80.2HA(9) of the Criminal Code

Repeal the subsection, substitute:

Defences—religious, academic, educational, artistic, literary, scientific or journalistic purpose

Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).

Subsection (1) does not apply to a person if a reasonable person would consider that:

the conduct mentioned in paragraph (1)(a) is engaged in for a purpose that is:

a religious, academic, educational, artistic, literary or scientific purpose; and

not contrary to the public interest; or

the conduct mentioned in paragraph (1)(a) is engaged in for the purposes of making a news report, or a current affairs report, that:

is in the public interest; and

is made by a person working in a professional journalistic capacity.

41 Subsection 80.2HA(10) of the Criminal Code (heading)

Repeal the heading, substitute:

Defences—public duties etc. or opposing group ideology

Criminal Code Act 1995

42 Paragraph 80.2HA(1)(b) of the Criminal Code

Omit “the person knows that”.

43 Paragraph 80.2JA(1)(c) of the Criminal Code

Omit “the person knows that”.

Criminal Code Act 1995

44 Paragraph 80.2E(1)(b) of the Criminal Code

Omit “terrorist”.

45 Subsection 80.2E(3) of the Criminal Code

Omit “terrorist” (first occurring).

46 Paragraph 80.2E(3)(a) of the Criminal Code

Repeal the paragraph, substitute:

a symbol that an organisation that is a terrorist organisation or prohibited hate group, or a member of such an organisation, uses to identify the organisation or any part of the organisation;

47 At the end of section 80.2E of the Criminal Code

Add:

Definitions

member:

prohibited hate group has the meaning given by Division 114A.

terrorist organisation has the meaning given by Division 102.

In this section:

in relation to a terrorist organisation—has the meaning given by Division 102; and

in relation to a prohibited hate group—has the meaning given by Division 114A.

48 Section 80.2HA of the Criminal Code (heading)

Omit “terrorist”.

49 Paragraph 80.2HA(1)(b) of the Criminal Code

Omit “terrorist”.

50 Paragraph 80.2HA(10)(f) of the Criminal Code

Omit “or of a state sponsor of terrorism”, substitute “, of a state sponsor of terrorism, or of a prohibited hate group (within the meaning of Division 114A)”.

51 Section 80.2JA of the Criminal Code (heading)

Omit “terrorist”.

52 Paragraphs 80.2JA(1)(c), (5)(b) and (c) and (6)(b) and (c) and 80.2M(3)(d) of the Criminal Code

Omit “terrorist”.

53 Dictionary in the Criminal Code

Insert:

prohibited organisation symbol has the meaning given by subsection 80.2E(3).

54 Dictionary in the Criminal Code (definition of prohibited terrorist organisation symbol)

Repeal the definition.

Criminal Code Act 1995

55 Paragraph 80.2BE(1)(d) of the Criminal Code

After “religion”, insert “, or national”.

56 Paragraph 80.2BE(2)(d) of the Criminal Code

After “religion”, insert “, or national”.

57 Subsections 80.2H(3) and (4) of the Criminal Code

Repeal the subsections, substitute:

Note: The object of this subsection is to give further effect to Article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination, done at New York on 21 December 1965. The Convention is in Australian Treaty Series 1975 No. 40 ([1975] ATS 40) and could in 2026 be viewed in the Australian Treaties Library on the AustLII website (https://www.austlii.edu.au).

Note: The object of this subsection is to give further effect to Article 20 of the Covenant.

(3) For the purposes of paragraph (1)(c), this subsection applies if a reasonable person who is a member of a group of persons distinguished by race, colour or national or ethnic origin (a targeted group) would consider that the conduct mentioned in paragraph (1)(a):

(a) involves dissemination of ideas of superiority over or hatred of a person who is a member of the targeted group, or the members of the targeted group, because of the race, colour or national or ethnic origin of the targeted group; or

could incite another person or a group of persons to offend, insult, humiliate or intimidate:

a person who is a member of the targeted group; or

the members of the targeted group.

(4) For the purposes of paragraph (1)(c), this subsection applies if a reasonable person who is a member of a group of persons distinguished by race, religion or nationality (a targeted group) would consider that the conduct mentioned in paragraph (1)(a) involves advocacy that:

is advocacy of hatred of:

the targeted group; or

a member of the targeted group; and

constitutes incitement of another person or group of persons to offend, insult, humiliate, intimidate or use force or violence against:

the targeted group; or

a member of the targeted group.

58 Paragraph 80.2H(7)(b) of the Criminal Code

After “national”, insert “, ethnic”.

59 Subsections 80.2HA(3) and (4) of the Criminal Code

Repeal the subsections, substitute:

Note: The object of this subsection is to give further effect to Article 20 of the Covenant.

involves dissemination of ideas of superiority over or hatred of a person who is a member of the targeted group, or the members of the targeted group, because of the race, colour or national or ethnic origin of the targeted group; or

could incite another person or a group of persons to offend, insult, humiliate or intimidate:

a person who is a member of the targeted group; or

the members of the targeted group.

is advocacy of hatred of:

the targeted group; or

a member of the targeted group; and

constitutes incitement of another person or group of persons to offend, insult, humiliate, intimidate or use force or violence against:

the targeted group; or

a member of the targeted group.

60 Paragraph 80.2HA(7)(b) of the Criminal Code

After “national”, insert “, ethnic”.

61 Paragraph 80.2K(6)(b) of the Criminal Code

After “national”, insert “, ethnic”.

Criminal Code Act 1995

62 Paragraph 80.2K(1)(a) of the Criminal Code

Omit “other than by”, substitute “including by”.

Criminal Code Act 1995

63 At the end of subsection 80.2K(1) of the Criminal Code

Add:

Note: The police officer may, under section 80.2N, also seize a thing that is, depicts or contains the prohibited symbol.

64 After section 80.2M of the Criminal Code

Insert:

Note 1: Sections 80.2H and 80.2HA relate to the public display of prohibited Nazi symbols and prohibited organisation symbols.

Note 2: The police officer may also give a direction under section 80.2K in relation to the display of the prohibited symbol.

80.2N Seizing things displaying prohibited symbols in public 1

A police officer may seize a thing in accordance with this section if the thing is, depicts or contains a prohibited symbol that is displayed in a public place.

Seizing the thing

Return of seized things

for the return of the thing.

Definitions

police officer means:

Intelligence Services Act 2001

A police officer may seize the thing, for the purpose of preventing the commission or continuation of an offence under subsection 80.2H or 80.2HA, if the police officer has a reasonable suspicion covered by subsection 80.2K(2), (3) or (6) in relation to display of the prohibited symbol.

In seizing the thing, the police officer:

may use such force or assistance as the police officer considers reasonably necessary; and

(b) may seize the thing only when it actually is in a public place; and

must not damage the thing unless it is reasonably necessary for the seizure.

The person from whom the thing was seized, or the owner of the thing, may apply:

(a) if the thing was seized by a police officer to whom paragraph (a) or (b) of the definition of police officer in subsection (7) applies—to such a police officer; or

if the thing was seized by a member (however described) of the police force of a State or Territory—to a police officer who is a member (however described) of the police force of that State or Territory;

On application by a person in accordance with subsection (4), the police officer must return the thing to the person, unless the officer is satisfied that:

the thing must be retained to prevent the commission or continuation of an offence under section 80.2H or 80.2HA; or

retention of the thing is necessary for evidentiary purposes.

If no application for the return of the thing is made within 90 days of the day the thing was seized, a police officer who has custody of the thing may destroy or otherwise dispose of the thing.

In this section:

(a) a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979); or

a special member of the Australian Federal Police (within the meaning of that Act); or

a member (however described) of a police force of a State or Territory.

65 After paragraph 29(1)(cf)

Insert:

cfa

(cfa) to commence, as soon as practicable after the second anniversary of the day that Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026 commenced, a review of the operation, effectiveness and implications of the amendments made by that Part, including the following:Part 1 of Schedule 1 to the

(i) the operation and interpretation of the expressions “spiritual leader” and “another leader” in the offences in Criminal Code;section 80.2DA of the

whether those offences have operated effectively, proportionately and consistently with their intended purpose;

iii

any impact of those offences on freedom of expression, freedom of religion or freedom of association;

whether any amendments are required to ensure those offences operate appropriately to address antisemitism, hate and extremism while remaining consistent with Australia’s international obligations;

a consideration of all relevant data from each agency (within the meaning of clause 1A of Schedule 1 to this Act); and

cfb

(cfb) to commence, as soon as practicable after the second anniversary of the day that Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026 commenced, a review of the operation, effectiveness and implications of the amendments made by that Part, including the following:Part 4 of Schedule 1 to the

whether the amendments made by that Part are necessary and proportionate to address antisemitism, hate and extremism;

any impact of those amendments on freedom of expression, freedom of religion or freedom of association;

iii

the practical operation of those amendments, including action taken by law enforcement and prosecuting agencies;

whether any amendments are required to ensure the provisions inserted or amended by that Part operate effectively while remaining consistent with Australia’s international obligations; and

66 Review by Senate committee

The Senate Standing Committee on Legal and Constitutional Affairs, or such other committee constituted under a resolution of the Senate, must:

(a) begin a review of Subdivision CA of Criminal Code as soon as practicable after the second anniversary of the commencement of this item; andDivision 80 of Part 5.1 of the

report the Committee’s findings to the Senate as soon as practicable after completing the review.

Migration amendments

Migration Act 1958

1 Subsection 5(1)

Insert:

association: a person has an association, for the purposes of subsections 5C(1A), 500A(1A) and 501(6A), with an organisation if the person meets or communicates with the organisation.

Note: The association may consist of a single meeting or communication.

hate crime has the same meaning as in section 114A.3 of the Criminal Code.

member:

prohibited hate group has the same meaning as in Division 114A of the Criminal Code.

state sponsor of terrorism has the same meaning as in Division 110 of the Criminal Code.

terrorist organisation has the same meaning as in Division 102 of the Criminal Code.

(a) in relation to a terrorist organisation—has the same meaning as in Criminal Code; andDivision 102 of the

(b) in relation to a state sponsor of terrorism—has the same meaning as in Criminal Code; andDivision 110 of the

2 After paragraph 5C(1)(bb)

Insert:

bba

subsection (1A) applies to the non-citizen (spreading hatred and extremism); or

3 Paragraph 5C(1)(d)

Omit “would”, substitute “might”.

4 After subsection 5C(1)

Insert:

Spreading hatred and extremism

Note 1: Antisemitic statements are an example of statements that involve harmful ideas based on superiority over or hatred of other persons on the basis of ethnic origin, as mentioned in subparagraphs (d)(i) and (e)(i).

Note 2: See also subsection 5(1) for definitions of terms used in this subsection.

Limbs do not limit each other

Minister not required to determine whether membership or association is ongoing

Substantial criminal record

This subsection applies to a non-citizen if the Minister reasonably suspects that:

both of the following apply:

the non-citizen is, or has been, a member of an organisation;

at any time the non-citizen was a member of the organisation, the organisation was a terrorist organisation, a state sponsor of terrorism or a prohibited hate group; or

all of the following apply:

the non-citizen has, or has had, an association with an organisation;

at any time during the non-citizen’s association, the organisation was a terrorist organisation, a state sponsor of terrorism or a prohibited hate group;

iii

the non-citizen intends, or intended, by the association, to support terrorism, extremism or hatred or to further acts of terrorism, extremism or hatred; or

the non-citizen has been or is involved in conduct constituting a hate crime (whether or not the non-citizen, or another person, has been convicted of an offence constituted by the conduct); or

both of the following apply:

the non-citizen has made one or more public statements, or has endorsed a statement publicly, (whether in Australia or overseas, and including online statements) that involves the dissemination of ideas based on superiority over or hatred of other persons on the basis of race, colour, or national or ethnic origin;

in the event the non-citizen were allowed to enter or to remain in Australia, there is a risk of harm to the Australian community or to a segment of that community; or

both of the following apply:

the non-citizen has encouraged one or more other persons to make a statement publicly (whether in Australia or overseas, and including an online statement) that involves the dissemination of ideas based on superiority over or hatred of other persons on the basis of race, colour, or national or ethnic origin;

in the event the non-citizen were allowed to enter or to remain in Australia, there is a risk of harm to the Australian community or to a segment of that community.

(1B) None of the limbs of subsection (1) or (1A) are intended to limit or otherwise affect each other.

The Minister is not required to determine whether a person’s membership of or association with an organisation is continuing or has concluded when making a decision for the purposes of paragraph (1A)(a) or (b).

5 After paragraph 500A(1)(a)

Insert:

subsection (1A) applies to the person (spreading hatred and extremism); or

6 Paragraph 500A(1)(c)

Omit “would”, substitute “might”.

7 After subsection 500A(1)

Insert:

Spreading hatred and extremism

Note 2: See also subsection 5(1) for definitions of terms used in this subsection.

Limbs do not limit each other

Minister not required to determine whether membership or association is ongoing

This subsection applies to a person if the Minister reasonably suspects that:

both of the following apply:

the person is, or has been, a member of an organisation;

at any time the person was a member of the organisation, the organisation was a terrorist organisation, a state sponsor of terrorism or a prohibited hate group; or

all of the following apply:

the person has, or has had, an association with an organisation;

at any time during the person’s association, the organisation was a terrorist organisation, a state sponsor of terrorism or a prohibited hate group;

iii

the person intends, or intended, by the association, to support terrorism, extremism or hatred or to further acts of terrorism, extremism or hatred; or

the person has been or is involved in conduct constituting a hate crime (whether or not the person, or another person, has been convicted of an offence constituted by the conduct); or

both of the following apply:

the person has made one or more public statements, or has endorsed a statement publicly, (whether in Australia or overseas, and including online statements) that involves the dissemination of ideas based on superiority over or hatred of other persons on the basis of race, colour, or national or ethnic origin;

in the event the person were allowed to enter or to remain in Australia, there is a risk of harm to the Australian community or to a segment of that community; or

both of the following apply:

the person has encouraged one or more other persons to make a statement publicly (whether in Australia or overseas, and including an online statement) that involves the dissemination of ideas based on superiority over or hatred of other persons on the basis of race, colour, or national or ethnic origin;

in the event the person were allowed to enter or to remain in Australia, there is a risk of harm to the Australian community or to a segment of that community.

(1B) None of the limbs of the grounds for refusal or cancellation of a temporary safe haven visa are intended to limit or otherwise affect each other.

8 After paragraph 501(6)(b)

Insert:

baa

subsection (6A) applies to the person (spreading hatred and extremism); or

9 Paragraph 501(6)(d)

Omit “would”, substitute “might”.

10 After subsection 501(6)

Insert:

Spreading hatred and extremism

Note 2: See subsections (11A) and (11B) for other rules relating to this subsection. See also subsection 5(1) for definitions of terms used in this subsection.

This subsection applies to a person if the Minister reasonably suspects that:

both of the following apply:

the person is, or has been, a member of an organisation;

at any time the person was a member of the organisation, the organisation was a terrorist organisation, a state sponsor of terrorism or a prohibited hate group; or

all of the following apply:

the person has, or has had, an association with an organisation;

at any time during the person’s association, the organisation was a terrorist organisation, a state sponsor of terrorism or a prohibited hate group;

iii

the person intends, or intended, by the association, to support terrorism, extremism or hatred or to further acts of terrorism, extremism or hatred; or

the person has been or is involved in conduct constituting a hate crime (whether or not the person, or another person, has been convicted of an offence constituted by the conduct); or

both of the following apply:

in the event the person were allowed to enter or to remain in Australia, there is a risk of harm to the Australian community or to a segment of that community; or

both of the following apply:

in the event the person were allowed to enter or to remain in Australia, there is a risk of harm to the Australian community or to a segment of that community.

11 After subsection 501(11)

Insert:

Limbs of character test do not limit each other

Note: In addition, the power to cancel a visa because a person fails the character test is not limited by other powers in this Act to cancel the visa (see section 118).

Minister not required to determine whether membership or association is ongoing

11A

(11A) None of the limbs of the character test are intended to limit or otherwise affect each other.

11B

12 Application provision 1

(1) The amendments of Migration Act 1958, made by this Part, apply, for the purposes of subsection 336E(2) of that Act, in relation to any disclosure of information that is made on or after commencement of this Part (whether the information was collected before, on or after that commencement).section 5C of the

(2) The amendments of sections 500A and 501 of the Migration Act 1958, made by this Part, apply in relation to any decision:

to grant or refuse to grant a visa if:

the application for the visa was made before the commencement of this Part, and had not been finally determined as at that commencement; or

the application for the visa is made on or after that commencement; and

a decision made on or after that commencement to cancel a visa, whether the visa was granted before, on or after that commencement.

A decision covered by subitem (2) may take into account any conduct occurring before, on or after that commencement.

Migration Regulations 1994

13 After paragraph 5001(c) of Schedule 5

Insert:

whether or not the person was in Australia when the visa was refused; or

a person who left Australia, and whose visa has been refused under section 501, 501A or 501B of the Act, if:

the refusal has not been revoked under subsection 501C(4) of the Act; or

after refusing the visa, the Minister has not, acting personally, granted a permanent visa to the person;

14 In the appropriate location in Schedule 13

Insert:

15701 Operation of amendments

The amendments of these Regulations made by Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026 apply in relation to an application for a visa:Part 2 of Schedule 2 to the

made on or after the commencement of that Part; and

made, but not finally determined, before that commencement.

Transitional rules 1 Transitional rules 1

(1) The Minister administering the Migration Act 1958, or the Minister administering the Administrative Review Tribunal Act 2024, may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Act.

(2) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply in relation to rules made under this item before the end of the period of 12 months starting on the day this item commences.

To avoid doubt, the rules may not do the following:

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Act.

[Minister’s second reading speech made in—

House of Representatives on 20 January 2026

Senate on 20 January 2026]

(3/26)