Australia has passed a number of revisions to its hate crime laws, including mandatory prison penalties for hate symbols and terror offenses. Penalties under the new law will be between one and six years in prison.
In response to an increase in high-profile antisemitic incidents that have generated national discussion, the amendments were proposed and approved by parliament on Thursday. According to the government, the new legislation is the “toughest laws Australia has ever had against hate crimes.”
In what ways will the laws be implemented?
The new changes now impose a minimum one-year prison sentence for doing the Nazi salute or exhibiting hate symbols. Additionally, conducting or planning terrorist activities will result in at least six years in prison, while financing terrorism carries a required three-year sentence.
Following a string of antisemitic acts around the nation, including assaults on Jewish institutions, the revisions were made. Authorities in Sydney found a caravan with explosives and an antisemitic letter just last week. This happened soon after antisemitic graffiti was discovered on the walls of a daycare facility that was burned down next to a Jewish school and synagogue. A synagogue in Melbourne was purposefully set on fire in December while attendees were inside, but no one was gravely hurt.
Why Are the Amendments Controversial?
Some political heavyweights, such as former Labor senator Kim Carr, have criticized the implementation of mandatory sentence, claiming that the revisions constitute a “clear breach of the Labor Party national platform.”
Labor has long opposed mandatory sentencing, arguing that it disproportionately impacts marginalized communities, weakens judicial independence, and does not effectively reduce crime. Notwithstanding these reservations, the government proceeded with the revisions.
What Reaction Has the Opposition Had?
Opposition parties have long called for harsher punishments for hate crimes, but they were slow to applaud the government’s move. Instead, they accused Labor of acting too slowly.
One senator from the opposition stated, “The Labor Party’s decisiveness is the reason the parliament is not acting today.” “The prime minister has been dragged kicking and screaming to finally introduce tough legislation that will ensure there are real penalties for this behavior.”
What Justification Does the Government Offer?
Home Affairs Minister Tony Burke responded to criticism by defending the modifications and stating that the purpose of the law is to protect people from prejudice and violence.
Burke said, “This is not about politics,” during the introduction of the changes. “This is about whether the Australian Parliament believes it’s acceptable to advocate, threaten, or commit violence against another person because of who they are, who they pray to, or who they love.”
The new legislation permanently outlaws Nazi salutes and insignia, which were already illegal in January 2024 and carried a maximum one-year jail sentence. These sanctions are now required by the modifications that were approved on Thursday.
Although the rules are still up for debate, the government believes that once they are in effect, they will be a powerful deterrence to terrorism and hate crimes in Australia.
