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Combatting Antisemitism, Hate and Extremism Bill 2026 (Cth)

15 January 2026

The Law Council of Australia is grateful for the opportunity to respond to the Parliamentary Joint Committee on Intelligence and Security’s (the Committee) Review of the Exposure Draft Legislation: Combatting Antisemitism, Hate and Extremism Bill 2026 (Cth) (the draft Bill).

This draft Bill comes in the aftermath of the horrific terror attack at Bondi Beach on 14 December 2025, and aims to combat antisemitism, extremism and hate-based conduct in Australia. The Law Council shares the shock and distress of the community after the attack, and condemns acts of antisemitism, extremism and violence. We recognise the need for a multifaceted response across all levels of government to address fear and trauma within the Jewish and broader community, to foster social cohesion and unity in the wake of this devastating event, and to keep all members of our community safe and free from hate and harm.

Against this context, the Law Council supports the policy objective of this draft Bill, being to combat antisemitism, hate and violent extremism.

This draft Bill proposes complex and significant law reform across criminal law, the use of intelligence, migration law and firearms control. The draft Bill would have benefitted from detailed consideration over a more substantial period.

We note that compressed timelines and limited consultation periods increase the risk of drafting errors, inconsistencies and unintended consequences. That is why we published our Best Practice Legislative Development Checklist in 2025,1 setting out standards for legislative development projects so that Australian society is regulated sensibly and fairly. All legislative reforms benefit from in-depth stakeholder consultation, with adequate time for consideration of proposals by the Parliament and the Australian community, to ensure they are evidence-based, effective, legally and constitutionally sound, and will operate as intended.

Given the limited timeframe for response, it has not been possible for the Law Council and its constituent bodies to review the draft Bill in detail, nor to provide considered views on the wide range of matters covered. In this submission, we provide some preliminary observations on a number of criminal law, human rights and migration-related measures of the draft Bill. We reserve our position on these, and on all other measures.

That limited timeframe has precluded detailed consideration of available legislative options. We look forward to ongoing engagement on these issues to assist the Government to develop practical options for meaningful, effective and enduring reform.

1 Law Council of Australia, Best Practice Legislative Development Checklist (June 2025).

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Last Updated on 16/01/2026

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