Case Explained: ECAJ welcomes passage of new hate crime laws – Legal Perspective

This is another sub­stan­tial step towards achieving effective laws against the delib­er­ate promotion of hatred of groups or indi­vidu­als based on their skin colour or national or ethnic origin. Even though the creation of a criminal offence to that effect was deleted from the Bill, a new legal regime has been estab­lished to enable the gov­ern­ment to proscribe extremist hate groups like Hizb’ut Tahrir and neo-Nazi organ­isa­tions.

These are organ­isa­tions that engage in, prepare, plan, assist or advocate hate crimes. Even before the Act was passed the mere prospect of these pro­vi­sions coming into effect disrupted the activ­it­ies of these groups.

The pro­scrip­tion of extremist hate organ­isa­tions that fall just short of meeting the legal criteria for listing as terrorist organ­isa­tions is a measure the ECAJ has been calling for since 2021. Had our calls been heeded earlier, these groups could have been put out of business and the climate of antisemitic hate that has festered in Australia, and to which they have con­trib­uted, could have been combated earlier and more effect­ively.

Other positive changes in the Bill include the widening of laws against the display of hate symbols, and tougher penalties for existing hate crimes, such as the use of carriage services – including social media – to menace, harass or cause of offence.

I par­tic­u­larly want to thank the Prime Minister, the Attorney-General, the leader of the Oppos­i­tion, and the shadow Attorney-General for their efforts in drafting and achieving the passage of the Bill. I also commend MPs Josh Burns, Julian Leeser and Allegra Spender among many others for their advocacy in support of the Bill.

No legis­la­tion is perfect, but the pro­vi­sions of this new legis­la­tion represent a sub­stan­tial achieve­ment.  The speed of its passage demon­strates that our par­lia­ment can work quickly and decis­ively when faced with urgent necessity and that Australia as a nation will never be dictated to by terror.

I encourage the Par­lia­ment to continue to heed the many calls to action that its members made in support of the con­dol­ence motion. The delib­er­ate promotion of racial hatred can never be justified, whether done in the name of religion, free speech or any other pretext. If it is delib­er­ate, it cannot be innocent.

If not addressed robustly, the problem of growing racial hatred will only get worse. Whilst the Jewish community is presently the main target, every group and every indi­vidu­al in society is poten­tially at risk in the future. We urge all parties to come together without delay to reverse this scourge.

By ful­filling their duty to protect and support the Aus­trali­an Jewish community, our political leaders will ulti­mately protect and support all citizens, and thereby restore peace and harmony to our nation.

Some of the families of the victims of the Bondi antisemitic terrorist attack, and some of the survivors, travelled to Canberra to hear the nation’s Par­lia­ment come together for the con­dol­ence motion.

I was priv­ileged to support them on this solemn occasion in Australia’s history. I also had the honour of meeting a del­eg­a­tion from Surf Lifesav­ing Australia, including members of the North Bondi Surf Lifesav­ing Club and those who rushed in without fear or thought to their own safety. Like many other heroes of that day, they represent the very best of this country.

It was stirring to hear our politi­cians speak from the heart in support of the Aus­trali­an Jewish community, and to stand together in con­demning antisemitism. I was moved to hear Hebrew being spoken in the Chamber.

On behalf of the Aus­trali­an Jewish community, I thank all members of Par­lia­ment who properly acknow­ledged the sig­ni­fic­ance of this day.

Among the many excellent addresses, some stood out. The Prime Minister spoke with grace and dignity; the Leader of the Oppos­i­tion showed resolve and frankness in calling for action; Allegra Spender MP honoured Jewish tradition by reciting the names of the victims. She also repeated the call of Rabbi Ulman, senior Rabbi of Bondi Chabad, that darkness is defeated by light and that the work to find that light is urgent. Julian Leeser MP shone a light on the sources of Jew hatred in Australia being neo Nazis, Islamist extrem­ists and the cultural left; the Deputy Prime Minister Richard Marles MP mentioned the courage of the many heroes of the day who “change[d] the equation in that moment and for all time”; and Josh Burns MP said “When people are attacked, we need to create stronger laws to ensure the appro­pri­ate response to that sort of hate and vili­fic­a­tion.