Key Takeaways:
- The Australian government has introduced a new bill to tackle racial hatred and antisemitism, as well as tighten gun control laws.
- The bill proposes to criminalize hate speech, increase penalties for hate crimes, and establish a new gun buy-back scheme.
- The bill also includes a new "hate group" listing, which would criminalize membership, recruitment, and support for designated hate groups.
- The government aims to pass the bill within a week, with the explanatory memorandum spanning 319 pages.
- The bill’s provisions include increased background checks for gun owners, tighter import controls on firearms, and new powers for the home affairs minister to cancel or reject visas for individuals who engage in hate speech or extremist conduct.
Introduction to the Bill
The Australian government has introduced a comprehensive bill aimed at tackling racial hatred and antisemitism, as well as strengthening gun control laws. The bill, which spans 319 pages, proposes to introduce a new offence of promoting or inciting hatred, increase penalties for hate crimes, and establish a new gun buy-back scheme. The government has given a tight timeline for the bill’s passage, with only one week between the proposed bill being made public and the vote in parliament. This swift timeline has raised concerns among some groups, who argue that it does not provide sufficient time for thorough debate and consideration of the bill’s provisions.
Hate Speech Changes
The bill proposes to introduce a new offence of promoting or inciting hatred, which would carry a maximum penalty of up to five years’ imprisonment. The law would require a court to find that an individual charged with the crime had "intent" to cause hatred, and that the conduct would cause a "reasonable" person from the targeted group to "fear harassment, intimidation or violence, or for their safety". The bill also includes a proposed legal defence that states the legislation does not apply to an individual directly quoting a religious text, a carve-out that has raised concerns among some groups. According to Luke McNamara, a law professor at the University of NSW, the new offence follows a similar structure to laws introduced in NSW last year, and the onus to show both intent by an individual as well as fear within a community is an "important safeguard".
Migration Character Test
The bill proposes to increase the grounds for a minister to cancel or reject a visa if they believe an individual has engaged in hate, vilification, or extremist conduct. The changes would sit within the existing character test, but would not give a minister more powers. Under the draft bill, a person could have their visa cancelled or rejected if they have been associated with a terror group or prohibited hate group, been involved with a hate crime, or made or endorsed statements involving the "dissemination of ideas based on superiority over or hatred of other persons on the basis of race, colour, or national or ethnic origin". These grounds would also apply to those applying for a temporary safe haven visa, which is for people seeking asylum. The bill’s provisions on migration are intended to prevent individuals who pose a risk to the Australian community from entering the country, and to ensure that those who are already in the country do not engage in hate speech or extremist conduct.
Tighter Checks on Gun Owners
The bill proposes to introduce more rigorous and frequent background checks for current and prospective gun owners. The legislation would allow for more information sharing between states, territories, the commonwealth, and security agencies. The Australian Security Intelligence Organisation (Asio) and the Australian Criminal Intelligence Commission (ACIC) would be able to provide intelligence to AusCheck, the agency charged with administering the scheme, when they are conducting an assessment. The bill would also enable AusCheck to verify an individual’s citizenship. Additionally, the government would create a national buy-back scheme, promised in the immediate aftermath of the Bondi terror attack. The bill tightens the importation of a range of firearms, including guns with belt-fed ammunition, magazines of more than 30 rounds, firearm sound suppressors, and speed loaders, and ends the use of open-ended import permits.
New ‘Hate Group’ Listing
The bill proposes to create a new "hate group" listing, which would criminalize an individual being a member, recruiting, training, or providing any support to a hate group. The director general of security, who is also the head of Asio, would make a recommendation to the home affairs minister to designate an organisation as a hate group. The minister would then need to gain agreement from the attorney general, provide a brief to the opposition leader, and take that recommendation to the governor general for listing. An individual "intentionally" directing the activities of a designated hate group would face a penalty of 15 years’ jail, whereas a person who directs activities of a group while "reckless" to the fact that it is listed, faces up to 10 years. Two groups, the National Socialist Network and Hizb ut-Tahrir, have been identified by the government as targets for the hate group list. The bill’s provisions on hate groups are intended to prevent the spread of hate speech and extremist ideologies, and to ensure that individuals who engage in such activities are held accountable.
Conclusion
The Australian government’s bill to tackle racial hatred and antisemitism, as well as tighten gun control laws, is a comprehensive and complex piece of legislation. The bill’s provisions, including the new offence of promoting or inciting hatred, increased background checks for gun owners, and the new "hate group" listing, are intended to prevent hate speech and extremist conduct, and to ensure that individuals who engage in such activities are held accountable. While the bill has been introduced with a tight timeline, it is essential that it is thoroughly debated and considered to ensure that it is effective in achieving its objectives and does not infringe on individual rights and freedoms. The government’s commitment to tackling hate speech and extremism is a positive step, and it is hoped that the bill will be a significant step towards creating a safer and more inclusive society for all Australians.
