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

The Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026 strengthens Australia’s laws against hate‑motivated behaviour. The Act:

• increases penalties for existing offences

• creates a framework for prohibiting hate groups

• expands the reasons a visa can be cancelled or refused in response to hate‑motivated behaviour.

This ensures that people who spread hate and division face serious penalties.

Key measures

The Act strengthens protections for groups, and for individuals associated with those groups, who may be targeted because of their:

• race

• religion

• sex

• sexual orientation

• gender identity

• intersex status

• disability

• nationality

• national or ethnic origin

• political opinion.

The Act does this by:

• Increasing penalties for existing Commonwealth hate crime offences that prohibit advocating or threatening violence, or damaging property, against these groups, their members, or their close associates.
• Creating aggravated offences for religious officials or spiritual leaders who commit existing offences involving advocating or threatening force or violence against these groups and their members, and for individuals who encourage children to commit violence against these groups and their members. An aggravated offence is a more serious version of an existing offence, where the nature or circumstances of the conduct make it more harmful. Aggravated offences are punishable by higher maximum penalties.

The Act includes further measures to address hateful conduct directed at a person because of their race or their national or ethnic origin. Following the reforms:

• When sentencing someone for a Commonwealth criminal offence motivated by hatred based on race, nationality or ethnic origin, the court must treat that hate motivation as an aggravating factor. This means that a court should impose a higher sentence if a crime was motivated by hatred. 

• The Minister for Home Affairs will be able to refuse or cancel a visa on the basis of hate‑motivated conduct or offences involving the spread of hatred or extremism.

• The Australian Government will be able to list groups that engage in hateful criminal conduct. It is an offence to interact with these groups in ways that support them to expand or commit hate crimes. Decisions to list a group can be appealed in court, and anyone charged with an offence will have the full protections of the criminal justice system.

What the Act does not do

• The Act does not criminalise non-violent political opinions, mere expressions of belief, or legitimate, non-violent criticism of foreign governments or political ideologies.
• Although the Act responds to antisemitism, as stated in its title, it does not define the term. A definition is not required for any of the new offences, and the protections created by the Act are not limited to addressing hate directed at the Australian Jewish community.
• The Act does not include a racial vilification offence.

Report a potential crime

If you feel threatened or unsafe in any way, contact police on:

• Triple Zero (000) for immediate threats

• 13 14 44 for non-life-threatening incidents.

You can report a Commonwealth crime to the AFP online using the Report a Commonwealth Crime form.