Law Council of Australia

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Combatting Antisemitism, Hate and Extremism Bill

3 February 2026

On 15 January 2026, the Law Council made a submission to the Parliamentary Joint Committee on Intelligence and Security’s Review of the Exposure Draft Legislation: Combatting Antisemitism, Hate and Extremism Bill 2026 (the Bill).

The Bill responded to the horrific terror attack at Bondi Beach last December. The Law Council condemns antisemitism, extremism, and hate-based violence in Australia. We continue to advocate for evidence-based responses to these issues.

The Bill was released on 12 January 2026. Parliament was to be re-called early the following week for a condolence motion in remembrance of the victims of the attack, and, to introduce and pass the proposed reforms.

Like others, the Law Council had very limited time to consider the exposure draft of the Bill. We expressed strong concern that compressed timelines and limited consultation periods increase the risk of drafting errors, inconsistencies and unintended consequences. 

The limited timeframe precluded a detailed consideration of the Bill. In the circumstances, we were only able to offer provisional observations about the operation of the reform measures. Our submission provided preliminary observations on a number of criminal law, human rights and migration-related proposals.

The legislation that was ultimately passed by the Parliament differed from the Bill in two significant ways. First, the subject matter of the draft legislation was split across two Bills. Second, the proposed racial vilification offence was omitted from the legislation. 

We will continue to engage on these issues and commit to assist the Government by contributing to the development of practical options for meaningful, effective and enduring reform.

Last Updated on 04/02/2026

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