Malarndirri McCarthy (NT, Australian Labor Party, Minister for Indigenous Australians) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

I seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

Acceptance and diversity lies at the heart of our Australian democracy. The Albanese Government is committed to the safety and security of the community. It is our responsibility as a government, and as a parliament, to use our collective voice to send a clear, unambiguous message: it is unacceptable to advocate, threaten or commit violence against another person because of who they are, who they pray to, who they love.

Strengthening urging violence offences

The bill will strengthen existing offences in the Criminal Code for urging violence against groups or members of groups.

These offences currently protect groups distinguished by race, religion, nationality, national or ethnic origin or political opinion. The bill will expand the list of attributes to be protected to include attributes of sex, sexual orientation, gender identity, intersex status and disability.

The bill will amend these offences to capture circumstances in which a person intentionally urges force or violence and is reckless as to whether the force or violence will occur.

The term 'urging' will be replaced with 'advocating'—defined to mean counsel, encourage, promote or urge—to ensure the offences capture all forms of inciting violence.

Importantly, the bill will also remove the availability of the good faith defence. There are no circumstances in which advocating force or violence can be done in good faith.

These amendments senda clear message that this hateful conduct is incompatible with Australia's values and will not be tolerated.

Criminalising threats of force or violence against groups

The bill will establish new criminal offences for directly threatening force or violence towards a group, or member of a group, distinguished by protected attributes.

These new offences will provide law enforcement with the capacity to address conduct which involves a direct threat from one person to another.

There will also be no defence of good faith for this offence. Threats of force or violence cannot be done in good faith.

New criminal offences for threatening damage to property

The bill introduces a new criminal offence for threatening damage to, or destruction of, real property or a motor vehicle, where this is done because of a belief that the property is a place of worship of a targeted group, or the owner or occupier is a member of a targeted group or their close associate.

The offences recognise that attacks on places of worship cause considerable impacts on these groups beyond their ability to freely practice their faith, including eroding feelings of acceptance, safety and belonging within the Australian community.

The bill would also introduce new offences for advocating force or violence against a targeted group by causing damage to property.

Close associates

The bill amends the offences of advocating violence and threatening violence against groups or their members, to acknowledge the harm to close associates of those members caused by this offending.

A close associate will include close family members of individuals distinguished by a protected attribute, and carers or assistants of persons with a disability, who may be targeted by threats of violence because of their close association with a targeted person.

Strengthening public display of hate symbols offences

The bill will amend the existing offences in the Criminal Code for publicly displaying prohibited Nazi and terrorist organisation symbols or making the Nazi salute.

It will expand the list of groups which these offences protect to include groups distinguished by sexual orientation, gender identity, intersex status or disability.

The amendments accord with Australia's international human rights obligations and complement existing civil protections in the Sex Discrimination Act 1984.

Extending the protections to persons living with disability also acknowledges the need for a stronger and more comprehensive legal framework to respect, protect and fulfil the human rights of people with disability.

Amendments to penalties

The bill amends the penalties applicable to certain Commonwealth offences. The Bill introduces mandatory minimum penalties of:

The Bill also increases the maximum penalty for publicly displaying a prohibited hate symbol, or performing the Nazi salute, to 5 years.

Conclusion

Australia's diversity is our great strength.

With these laws, we are sending a clear signal to those who seek to divide us. There is no place in this country for violence or threats of violence.

For those who have faced hatred and violence simply for being who you are, we stand with you. We are acting to keep you safe and ensure you are free to live your lives without fear of persecution.

I commend the Bill to the Parliament.

Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

I rise to speak on the Criminal Code Amendment (Hate Crimes) Bill 2024. In commencing my comments to the chamber, can I just say that the Leader of the Opposition, Peter Dutton, has once again led the way on a crucial issue of national security and social cohesion. Last night, in the Federation Chamber, the Albanese Labor government caved in to Mr Dutton's demands for strong, mandatory penalties and new offences for antisemitic attacks. The Albanese Labor government were forced into the position of introducing amendments to their own legislation to follow Mr Dutton's strong lead. They have also supported, I am pleased, coalition amendments to further strengthen their hate crimes bill. Only on 3 February—as recently as that—did we have Minister Murray Watt confirming that federal Labor would not be introducing mandatory minimum sentences for acts of Commonwealth terrorism. And yet here today in the Senate we will pass the legislation that Peter Dutton had raised with the Australian people.

The hate crimes legislation is about ensuring that those who advocate force or violence against a group of people are held accountable for their actions. The parliament needs to make it clear that you cannot call on others to commit violence against a group of people. The overwhelming majority of Australians agree that those using force or violence against anyone, and those who incite others to use force or violence, should be held to account.

The legislation is considered and it is targeted. It is not about policing what people say on social media or suppressing debate in the community about a range of issues. It is about ensuring that those who commit or advocate violence are punished.

The actions we saw at the Opera House on 9 October 2023, where an angry mob chanted antisemitic threats, just two days after the massacre of 1,200 Jewish people in southern Israel by the terrorist group Hamas, should never be repeated. That day, 9 October 2023, should have been the day that Australia stood behind Israel, when the Sydney Opera House, a most famous landmark, was lit up in solidarity with the people of Israel. Instead, it will forever be a day of shame for our nation because a violent mob were able to keep Jewish Australians away from the very landmark that was lit up in solidarity with them.

The legislation is an important step in combating the antisemitism crisis that we have in Australia today. As I have said, the coalition has secured some very significant amendments to this legislation, and we are pleased that the government has agreed to them.

The final piece of legislation before the Senate today is as a result of the strong leadership of Peter Dutton. Thanks to the work of the coalition standing up to the antisemitic crisis across Australia, the Labor Party have finally agreed to some strong measures to ensure those in our community who are committing terrorism offences are punished appropriately. Peter Dutton has once again led the way on a crucial issue of national security and social cohesion.

As I have stated, the coalition has been calling for strong action in four key areas, the first being mandatory minimum sentences of six years jail for terrorism offences. I would have thought the Australian people would be surprised to know that there was not a minimum mandatory sentence if you were found guilty of committing an act of terrorism in this country. We also advocated for tougher action on prohibited Nazi and terrorist organisation symbols and related behaviour, increasing the maximum penalty to five years, with a mandatory minimum jail time of 12 months. We also advocated for a decisive response to attacks on places of worship through new offences for those who advocate or threaten such attacks, and targeted action for religiously motivated property damage that advocates violence against groups with a mandatory minimum sentence of 12 months imprisonment and a maximum of five years imprisonment.

I am pleased to advise the Senate and the Australian people that all of these outcomes will be achieved through the amended hate crimes legislation. Since 7 October 2023, the antisemitic crisis in Australia has reached a point where we have seen the terrorist firebombing of a synagogue and the shocking attempt to carry out what could potentially have been a mass casualty attack. Peter Dutton, every single step of the way, has stood with the Australian people, has stood for national security, has stood with the people in the Jewish community, and has led the fight against domestic antisemitism from day one. I cannot say the same for our Prime Minister.

What we are debating today is the strong action that was, quite frankly, needed months ago. We called for it months ago; we have been advocating for it. The Labor Party have been dragged kicking and screaming, but it will go through today. As I said, the amendments we have secured are critical—a mandatory minimum sentence of six years for terrorism offences. We want to stand up to those who do harm to our nation. We don't care about the ideology of the terrorist group; anyone involved in these organisations should be aware: if you commit an offence you will face a mandatory jail time.

Another important aspect of the legislation that was secured by Peter Dutton—

Sue Lines (President) Share this | Link to this | Hansard source

Senator Cash, he may be your leader, but you need to use his correct title.

Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

Thank you, and I was about to say that—the Leader of the Opposition.

Sue Lines (President) Share this | Link to this | Hansard source

You have constantly referred to him without his title.

Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

Yes, the Leader of the Opposition—was mandatory jail time for the public use of hate symbols. It is completely unacceptable to wave a Nazi flag, a Hezbollah flag or a Hamas rally flag at a public rally. We have unfortunately seen numerous examples of these hate symbols being used to terrorise Jewish Australians since 7 October 2023. The use of terrorist symbols was made illegal in a bipartisan piece of legislation which was originally suggested by the Leader of the Opposition, Peter Dutton, and the coalition. But this legislation ensures that those who do use those symbols will face at least 12 months in jail, and, as I said, we have also increased the maximum penalty to five years. This is a very clear message to those who wish to intimidate Australians through the use of a terrorist symbol.

We have also secured strong new measures against those who advocate damage to places of worship, whether it is a synagogue, a church, a mosque or a temple. The other amendment that the Leader of the Opposition, Peter Dutton, has secured is a new offence, with minimum jail time, for religiously motivated property damage that advocates violence against groups. The new mandatory minimum sentence is 12 months imprisonment and a maximum of five years.

To be clear, the references to 'force or violence' in the legislation do not include psychological harm or mental harm. For the benefit of those listening in to the debate or considering this legislation in the future, the clear intention of the parliament is to enact legislation that relates to physical force or violence and not psychological harm or other sorts of mental harm. This point was made clearly by government officials in the course of the Legal and Constitutional Affairs Legislation Committee inquiry into the legislation and is consistent with the advice provided by the Attorney-General himself in writing to the Scrutiny of Bills Committee. The intention that the words 'force or violence' refer to physical force or violence and not mental and psychological harm is expressly reflected in the report from the Legal and Constitutional Affairs Legislation Committee, which was supported by both major parties. Indeed, the word 'harm' does not appear in this bill or in the amendments that were agreed to in the other place. So let there be no doubt about it for any person who may be looking at this legislation in the future: the bill deals with physical force or violence.

We have all been sickened in recent months by the attacks on synagogues as part of the wave of antisemitism in Australia. We are extremely disappointed by the actions, or rather the inactions, of our Prime Minister and his inability to lead a united response to the antisemitism crisis we are now experiencing in Australian society. In terms of the position of the coalition, led by the Leader of the Opposition, Peter Dutton, there is no ambiguity about our support for Jewish Australians facing the antisemitism crisis in Australia. The coalition proudly supports our ally Israel in their fight against terrorist organisations, including Hamas and Hezbollah, who would—let's be very clear on this—wipe them off the map.

This legislation is a very important step towards ensuring that all Australians are protected, no matter what their background, no matter what their religion, no matter what community they belong to. The legislation, however—and I go back to my opening comments—is not a substitute for genuine national leadership in fighting the antisemitism crisis in Australia. What we need, and quite frankly what we needed, from day one, from 9 October, when we saw what happened at the Sydney Opera House, is a prime minister—a person who is elected to lead our nation. When there is a crisis of national security, this is the person who the people of Australia look to for leadership, for strength, for guidance and for reassurance that it is okay. Unfortunately, as we stand here in February 2025, we have a prime minister who has failed in that regard.

We need a prime minister who is aware of any threat or potential threat against groups of Australians and then takes swift and appropriate action. Instead, more than a week from the breaking of the report about the explosives-laden caravan, which could have resulted in one of the most catastrophic acts of terror this country has ever seen, we have a prime minister who, despite his being asked in parliament on Tuesday and on Wednesday—and, I have no doubt, will be asked again today—the very basic question, 'When were you first briefed about this sickening incident?' hasn't failed to answer the question; he has deliberately hidden from answering the question. He has been asked multiple times—this is the Prime Minister of our country—when he first became aware of a planned mass-casualty act of terror against Sydney's Jewish community. And the sad thing is that, as the leader of our country—unlike the Labor premier in New South Wales, Chris Minns, who was able to front his people—

Sue Lines (President) Share this | Link to this | Hansard source

Thank you, Senator Cash. The time for debating this has finished. You will be in continuation.