A hate crimes bill creating new offenses for types of incitement and threats against groups and establishing minimum sentences for terrorism and displays of Nazi and terrorist symbols was passed by the Australian Senate on Thursday.
The 2025 Criminal Code Amendment on Hate Crimes passed both houses to create a series of changes to the 1995 Criminal Code Act, coming as the country has seen a wave of antisemitic criminality since the October 7 Massacre.
The government bill initiated by Attorney-General Mark Dreyfus implemented many of the reforms proposed by Opposition leader Peter Dutton in response to the rise of antisemitic incidents, notably a mandatory minimum sentence of six years of prison sentences and acts of terrorism.
This includes all forms of involvement with a terrorist organization, such as planning, membership, recruiting, training, support, and association. Those involved in terrorism financing risk a minimum three-year prison sentence.
Displaying Nazi or terrorist organization symbols, or performing the Nazi salute, according to the legislation and its explanatory documents, now has a minimum sentence of 12 months and a maximum sentence of five years in prison. This follows last January's federal ban on the Nazi salute, symbols, and terrorist iconography.
"Public discourse has increasingly been weaponized, with hateful rhetoric aimed at attacking groups in the Australian community," read an explanatory memorandum. "Advocating and threatening force or violence against targeted groups, or members of targeted groups, undermines and erodes Australia’s shared values."
New offenses were introduced against threats and advocacy of violence against groups, including race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion. Threats against close associates of the group were also included in a separate offense.
The law proscribed advocating or threatening to commit damage to real property or a vehicle, including that of targeted groups. A mandatory minimum sentence of a year was also introduced by the legislation for advocating violence causing damage to property. Many of the antisemitic incidents in Australia since 2023 have involved arson and vandalism, especially against cars and homes.
"There is no uniform, nationwide approach to criminalizing advocating or threatening violence against a person or property damage that is motivated by extreme hatred or prejudice towards a person because of their race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion," explained a supplementary document.
"While some State and Territory jurisdictions have sentencing guidelines or aggravating factors that direct a court to consider whether a crime was motivated by hatred or prejudice against some targeted groups, there is no consistent approach. These measures would create a nationally consistent suite of offenses that recognize and address the harms caused by this hate-motived conduct, not only to the person or group targeted but to the Australian community as a whole."
The Executive Council of Australian Jewry welcomed what they determined was a bipartisan stand against hate crimes.
“We commended the Federal Opposition for putting forward this proposal on January 20, and we also now commend the government for its decision to accept and implement the proposal,” ECAJ co-CEO Peter Wertheim said in a Thursday statement. “The bipartisanship on this important issue sends a powerful and much-needed message of zero tolerance to potential perpetrators of these offences.”
Too many instances of light sentences
Wertheim said that in the past, there had been too many instances in which perpetrators had been given light sentences, which had failed to deter antisemitic crime.
In the state of New South Wales, which had been a focal point of antisemitic crime in recent weeks, Premier Chris Minns announced on Wednesday his own set of reforms.
The NSW government is set to introduce a new criminal offence for intentionally inciting racial hatred, with a maximum of two years imprisonment. Another new offense with the same penalty would prohibit the display of Nazi symbols on or near a synagogue. Current graffiti law would also create an offense to place graffiti on a house of worship. Synagogues have repeatedly been targeted in the Sydney area, often graffitied with Nazi swastikas.
Another law would stop the blocking of access to a house of worship or intimidating, harassing, and threatening people seeking access. Anti-Israel protests have frequently been held outside of synagogues, sometimes in relation to Israel-linked programming.
Minns also committed to providing more than half a million AUD to the SW Police Force Engagement and Hate Crime Unit, and another $500,000 AUD for a social cohesion program. Local governments are also set to receive training on how to address hate crimes.
The NSW Jewish Board of Deputies welcomed the announcement, saying that the proposed reforms would make perpetrators "think twice before they act."
"We have been saying for weeks now that the Jewish community is the target of an ongoing campaign of domestic terrorism designed to tear at our social fabric," the board said on Thursday. "This is now beyond dispute and we welcome moves to protect the harmony of our society which is currently under attack."