Michelle Rowland
Greenway · Australian Labor Party · Australia
“Failure to comply with the identity verification requirement in ART proceedings would result in the tribunal being required to dismiss the matter.”
“Courts must retain a high degree of discretion in the management of proceedings. This means that the FCFCOA will also be able to extend time for satisfying the identity verification requirement or dispense with the requirement altogether where appropriate.”
“The bill provides safeguards for vulnerable applicants of the ART and will notapply these changes to reviews relating to social security, veterans entitlements, the National Disability Insurance Scheme or aged care where written reasons may play an important role.”
“Improving ART efficiency and operations The bill makes amendments to the Administrative Review Tribunal Act 2024and other Commonwealth legislation to expand tribunal powers, improve tribunal processes, increase efficiency, avoid administrative delays, and aid the management of caseload surges and backlogs—particularly in migration matters…”
“I move: That this bill be now read a second time. The Administrative Review Tribunal (the ART) commenced operation on 14 October 2024, replacing the former Administrative Appeals Tribunal as Australia's primary federal merits review body.”
“It will provide an important touchpoint, and a further opportunity to protect the integrity of the merits and judicial review systems through identification checks.”
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“I thank the member for her question, and I note both her longstanding involvement in the establishment of the commission and also the important work she does as part of parliamentary oversight. The honourable member continues to do that in a principled and consistent manner, and my response will reflect that. The Inspector of the National Anti-Corruption Commission has announced that she will investigate complaints about the NACC commissioner's involvement in Defence related referrals and the commissioner's ongoing role with the Inspector-General of the Australian Defence Force. As the House will know, the inspector is independent of the Australian government and the commission. It's also important to note that the inspector is not subject to anyone's direction when performing her functions.”
“For this reason, and in keeping with the principles of regulator independence, the bill limits termination of the Director of ASNO to serious misconduct that is found through a statutory inquiry for breaches of the APS Code of Conduct, or findings by the National Anti-Corruption Commission. Through these continuing efforts to strengthen appointments provisions, the government has a clear focus on maintaining the public's trust, faith in our institutions, and ensuring the Commonwealth remains a model employer. I commend the bill to the chamber. Debate adjourned.”
“These amendments will ensure statutory office holders with direct management responsibilities for staff can be removed from office where their behaviour is considered serious misconduct. Statutory office holders should also be held accountable for their performance. If their performance is unsatisfactory, then the government should have options to terminate them from their position. This is the standard expected of most working Australians. It should apply to statutory office holders too. The bill treats the role of the Director of Safeguards differently because of international standards for the chief regulators of nuclear and chemical nonproliferation. It is important for Australia's global standing that the director operates without suggestion of political interference.”
“The bill also permits the relevant minister—being the Attorney-General—to exercise a new directions power for the Office of Parliamentary Counsel. Importantly however, directions issued under this power can only be general in nature—respecting the independence of the OPC. The community expects public officials to perform their duties with the utmost integrity—particularly those that operate at the highest level by leading our statutory authorities. Breaches of the APS Code of Conduct, discrimination, bullying and harassment, and corruption are types of behaviour that are unacceptable in a modern workplace. Failing to prevent or stop that type of behaviour is a failure to keep people safe in their places of work.”
“The bill makes changes to strengthen appointment safeguards, accountability and integrity of statutory office holders in the Australian Centre for International Research (ACIAR), Australian Trade and Investment Commission (Austrade), Australian Safeguards and Non-Proliferation Office (ASNO) and the Office of Parliamentary Counsel (OPC). Existing arrangements have limited provisions for accountability where conduct or performance are unacceptable. The amendments would expand and clarify the grounds for termination of the statutory office holders and introduce a power to suspend relevant office holders from their duties. The amendments are sensitive to the inherent independence of decision-making by statutory authorities, particularly in relation to the Director of Safeguards at the Australian Safeguards and Non-Proliferation Office.”
“In making these changes, we ensured the APS was impartial, committed to service, accountable, respectful and ethical. In October 2024, we abolished the Administrative Appeals Tribunal, replacing it with the Administrative Review Tribunal, to ensure effective administrative review of decisions made by the Australian government. In December 2025, we released the Australian Government Appointments Framework, setting out the principles and guidance to strengthen and support the merit based selection and appointment of individuals to public offices across the Commonwealth. Ultimately, these reforms have been about restoring the public's trust and faith in government and institutions. But there is still work to be done. That is why the government is proud to present the Commonwealth Entities Legislation Amendment Bill 2026 today.”
“I move: That this bill be now read a second time. I move that this Bill be now read a second time. Returning integrity, honesty and accountability to government has been a focus of reform efforts for the Albanese government. In July 2023, we established the National Anti-Corruption Commission—an independent, statutory agency to investigate serious or systemic corrupt conduct across the Commonwealth public sector. In September 2023, we established the Parliamentary Workplace Support Service as a statutory authority to make Commonwealth parliamentary workplaces more safe and respectful. In May 2024, we made ambitious and enduring reforms to the Australian Public Service. These changes codified an expectation that the APS builds its capability and institutional knowledge and supports the public interest now and into the future.”
“The bill will make amendments to Commonwealth legislation and set out transitional provisions to ensure that jurisdiction and powers conferred on state magistrates by Commonwealth law can continue to be validly exercised by judges of the New South Wales Local Court. Conversely, the amendments will also ensure that judges of the New South Wales Local Court will not be able to exercise federal jurisdiction and powers beyond the intended scope of their office. This bill will ensure that the New South Wales Local Court can continue to perform its important role in the federal justice system, dealing with a range of matters under Commonwealth law, including both civil and criminal proceedings. I commend the bill to the chamber. Question agreed to. Bill read a second time. Ordered that this bill be reported to the House without amendment.”
“I thank all members who have contributed to this debate, and I was delighted to be able to be here for the member for Riverina's contribution. I always learn something listening to the member, and I thank him very much. The Law and Justice Legislation Amendment (New South Wales Local Court) Bill 2026 will make a range of important amendments to Commonwealth legislation in response to the Local Court and Bail Legislation Amendment Act 2025. On commencement of schedule 1 of the New South Wales act by proclamation, the office of New South Wales magistrate will be replaced by the office of judge of the New South Wales Local Court.”
“We're investing in frontline family and domestic violence services, expanding specialist supports for children and strengthening legal protections so victim-survivors can navigate the justice system more safely and affordably. The Albanese government understands that supporting women and children requires more than words. It demands united action across government and a commitment to sustained reform.”
“I acknowledge the exceptional efforts of my colleagues the Minister for Social Services and the Assistant Minister for Prevention of Family Violence, who are leading cross-government delivery of the National Plan to End Violence against Women and Children. This is backed by record funding of $4.7 billion to strengthen prevention, early intervention, crisis response and recovery. These reforms sit alongside the government's broader economic security agenda led by the Minister for Women, including reforms to the low-income superannuation tax offset, removing barriers like the activity tests for childcare and improving access to secure housing.”
“This reform is about restoring fairness, dignity and accountability and has been well received by stakeholders. Andrew Carpenter from Super for Survivors said: It's a win for victim-survivors across the country as it shows the web is closing on all sex offenders. This work builds on our government's family law reforms, which make the system simpler and safer for families and children. Our reforms also recognise superannuation as a central component of the property pool, to be considered in cases of separation, and that family violence and financial abuse can severely limit women's capacity to accumulate super. Superannuation funds now hold trillions of dollars in assets, making fair property outcomes critical to the long-term safety and economic security of victim-survivors.”
“I thank the member for her question. The government is working together to support women and children experiencing family, domestic and sexual violence and to hold perpetrators to account. Together with my colleague the most excellent Assistant Treasurer and Minister for Financial Services, we launched public consultation this week on draft legislation that will crack down on convicted child sex abusers who are shielding their assets in superannuation to avoid paying court ordered compensation to their victims. The Albanese government is putting perpetrators on notice with a clear message: child sex predators must not be able to game the system. Victim-survivors deserve a real, enforceable justice system, and that's precisely what we want to deliver.”
“The concurrent commencement will ensure that there is no disruption to the intended operation of Commonwealth legislation. The bill will have positive implications for residents of New South Wales, along with Commonwealth and New South Wales entities involved in matters arising under Commonwealth law which rely on the New South Wales Local Court. Given the central role that the New South Wales Local Court plays in the prosecution of offences against Commonwealth law, the bill is of critical importance to stakeholders involved in law enforcement and prosecution. This bill will ensure that the New South Wales Local Court can continue to perform its important role in the federal justice system, dealing with a range of matters under Commonwealth law, including both civil and criminal proceedings. I commend the bill to the chamber.”
“The amendments that this bill will make are necessary to ensure that, on commencement of the New South Wales act, jurisdiction and powers conferred on state magistrates by Commonwealth law can continue to be validly exercised by judges of the New South Wales Local Court. Conversely, the amendments will ensure that judges of the New South Wales Local Court will not be able to exercise federal jurisdiction and powers beyond the intended scope of their office. The amendments will do this by providing that judges of the New South Wales Local Court are considered magistrates under Commonwealth law. The bill will commence at the same time that the New South Wales Act commences. The New South Wales act will commence by proclamation.”
“I move: That this bill be now read a second time. The Law and Justice Legislation Amendment (New South Wales Local Court) Bill 2026 will make consequential amendments to Commonwealth legislation arising from the passage of the Local Court and Bail Legislation Amendment Act 2025 of New South Wales. On commencement, the New South Wales act will replace the office of New South Wales magistrate with the office of judge of the Local Court of New South Wales. Commonwealth law confers jurisdiction and powers on state and territory courts and judicial officers, reflecting the important role of these courts in the federal justice system. Some federal jurisdiction and powers are conferred explicitly on magistrates, while others are excluded from magistrates and instead conferred on judges.”
“The scheme in the bill facilitates the use of orphan-works—copyright material for which the owner is unknown or cannot be found—by limiting the remedies available for copyright infringement if the steps in the scheme are followed. The intent of the amendment proposed to the orphan-works scheme is to provide choice to people who could otherwise rely on the education statutory licence, like teachers. The proposed amendments give these people a choice to instead rely on the orphan-works scheme if this better suits their needs. Providing choice was part of the original policy intent of the bill, and this amendment ensures the bill achieves this intent. Question agreed to. Bill, as amended, agreed to. Ordered that this bill be reported to the House with amendments.”
“(2C) The Minister may, by legislative instrument, specify: (a) circumstances for the purposes of paragraph (2B)(a); and (b) one or more persons or bodies for the purposes of paragraph (2B)(b); and (c) requirements for the purposes of paragraph (2B)(c). (2D) To avoid doubt, a failure to comply with subsection (2B) does not affect subsection (2A). When remuneration notice applies (2) Schedule 1, item 1, page 5 (after line 15), at the end of subsection 116AAE(6), add: Note: A notice under this subsection also has effect for the purposes of subsection 113Q(2A) (which is about when copying or communicating by educational institutions is not licensed). (3) Schedule 1, item 1, page 6 (line 7), omit "maybe", substitute "may be". The Copyright Amendment Bill amends the Copyright Act 1968 to establish an Australian orphan-works scheme.”
“Note: Under Division 2AAA of Part V, remedies available for infringement of copyright may be limited where the owner of works could not be found before use. Section 116AAE sets out conditions that must be satisfied for this to occur. (2B) If the copying or communicating is covered by a notice under subsection 116AAE(6), a copy of that notice must be given: (a) in the circumstances (if any) specified in a determination under subsection (2C); and (b) to a person or body (if any) specified in a determination under subsection (2C); and (c) in accordance with the requirements (if any) specified in a determination under subsection (2C).”
“I present a supplementary explanatory memorandum to the Copyright Amendment Bill 2025. I ask leave of the Federation Chamber to move government amendments (1) to (3), as circulated, together. Leave granted. I move government amendments (1) to (3), as circulated, together: (1) Schedule 1, page 3 (after line 3), before item 1, insert: 1A Subsection 10(1) (definition of licensed copying or communicating ) Omit "subsection 113Q(2)", substitute "subsections 113Q(2) and (2A)". 1B After subsection 113Q(2) Insert: Copying and communicating works when owner cannot be found (2A) However, copying or communicating mentioned in subsection 113P(1) or (2) is not licensed copying or communicating if it is covered by a notice under subsection 116AAE(6) given in relation to, or in connection with, the educational institution.”
“The bill will also strengthen and modernise the Copyright Act through various minor and technical amendments to simplify, update and clarify certain provisions. I also acknowledge the Senate Legal and Constitutional Affairs Legislation Committee, expertly chaired by Senator Jana Stewart, for its inquiry into the bill over recent months. The government agrees with the committee's sole recommendation that the bill be passed. The bill will implement important reforms that update and clarify the Copyright Act, reducing legal risk and promoting modern, collaborative learning without unreasonably prejudicing the interests of copyright owners, for the benefit of the Australian community. I commend the bill to the House. Bill read a second time.”
“I thank honourable members for their contributions to the debate on the Copyright Amendment Bill 2025. This bill implements two priority legislative reforms. Firstly, there's the establishment of an orphan-works scheme, which will facilitate publicly beneficial use of genuinely orphaned materials by reducing legal risks for good-faith users without unreasonably prejudicing the interests of copyright owners. Secondly, the proposed amendments to section 28 of the Copyright Act will ensure copyright material is treated consistently regardless of whether it is used in a physical, online or hybrid classroom so long as the other conditions of that section are met. They will also promote collaborative learning involving parents and members of the community without impacting existing licensing arrangements.”
“That's why our government has made women's safety a national priority, recognising that preventing violence and holding perpetrators to account requires sustained effort and strong laws. Through the National Plan to End Violence against Women and Children, reforms to strengthen sexual assault laws and record investment in frontline services, including in the National Access to Justice Partnership, this government is working to ensure women are safer at home, at work and in their communities. As an Attorney-General born and bred in Blacktown, I am also working every day to ensure that the safety of all Australians remains central to the development of Commonwealth laws. May Anita Cobby's light continue to shine. May her legacies four decades on remind us why this work matters. May she never be forgotten. Rest in peace, Anita Cobby.”
“It contributed to national conversations about violence against women and the role of the law in protecting those at risk. Out of unimaginable grief, Anita's family chose compassion and action to ensure her memory would become a force for good. That legacy lives on through initiatives such as Grace's Place, a refuge that offers safety, dignity and healing to women and children escaping violence. Anita's parents, Grace and Garry Lynch, also fought for truth and sentencing reforms, and Anita's legacy continues to drive the Homicide Victims Support Group Australia, which supports innocent families of homicide victims. The contributions of Grace and Garry Lynch have resulted in measurable change for victims and their families. However, there's so much more to do.”
“I rise today not to dwell on the horrific violence that took Anita's life and how the manner of her death, after being snatched by an evil gang of animals on her way home one night from Blacktown Station, was an abomination; rather, let us remember who she was and the legacy that emerged from profound tragedy, and, most importantly, make clear that this government is working every day to ensure these horrific acts of violence can be prevented. Anita's murder was a painful reminder of the very real dangers Australian women face, not just in moments of vulnerability but in everyday life. It has challenged our justice system to do better and to place the safety of all Australians at its core. The impact of Anita's death extended far beyond Blacktown.”
“I rise today to remember the life of Anita Cobby, who was cruelly taken from us 40 years ago at the hands of monsters. For my community of Blacktown, which prides itself on connection and neighbourliness, the loss of a young woman with her whole life ahead of her sent shockwaves that are still felt today. Anita was a beloved daughter, sister and friend. Her life mattered, and her death forever changed our community and the nation.”
“The government has asked Commissioner Bell to deliver an interim report to government by 30 April and a final report by 14 December. We all want a safer, more unified Australia, and this royal commission will be one part of that process.”
“Its president, Daniel Aghion, said, 'Commissioner Bell is a retired high court judge with excellent credentials,' and, 'we endorse her appointment.' I am pleased to inform the House that the commissioner has now formally commenced her role and is wasting no time in operationalising the royal commission. The royal commission will be an important opportunity for Australians, particularly Jewish Australians, to have their voices heard and to speak to their experiences. It is also important to note that the royal commission must be conducted in such a way that it does not prejudice any future criminal proceedings. The letters patent were very clear on this, and Ms Bell, as commissioner, is well placed to navigate this task due to her extensive experience in criminal law.”
“Ms Bell is an eminent and highly capable former justice of the High Court of Australia. She also served with distinction on the Supreme Court and the New South Wales Court of Appeal. Ms Bell has the deep experience to conduct her inquiry in a way that meaningfully examines the impact of antisemitism on the daily life of Jewish Australians and works to promote social cohesion. She was an exceptional judge, and I have complete confidence that she will discharge her role as commissioner with the same fairness and impartiality that she brought to the bench. Her appointment has received wide support, including from the Executive Council of Australian Jewry.”
“I thank the member for her question. There is no place for hate, violence and terrorism in our nation. In the wake of the abhorrent events on 14 December, our response as a nation needs to be above politics. It is about the right outcome for our national unity and our national security. Australia needs to heal, to learn, to come together in a spirit of collective strength and to go forward knowing that light will always prevail over darkness. As the Prime Minister said, the government has engaged with members of the community, particularly Jewish Australians, and we have listened. In addition to the legislation outlined in my previous response, the government has established the Royal Commission on Antisemitism and Social Cohesion, led by the honourable Virginia Bell AC.”
“These new laws also create a regime for listing organisations whose leaders engage in hate speech or promote violence or racial hatred. The laws also amend the Migration Act to introduce new grounds, enabling the minister to refuse and cancel visas on the basis of hate motivated conduct and offences relating to the spread of hatred and extremism. Organisations that proffer these hateful ideologies must be outlawed, and their composite members must be held accountable. Indeed, some of the cowards who spread hate as part of one such group announced they would be disbanding in anticipation of the effectiveness of these laws. The events of 14 December were horrific and must never happen again, and these new laws send a clear message that this conduct will not be tolerated in Australia.”
“I also acknowledge the Parliamentary Joint Committee on Intelligence and Security for its scrutiny of the exposure draft that led to this bill. These new laws being debated in the parliament today specifically target those who seek to spread hatred, including those who seek to disrupt social cohesion in our community and, so critically, those who seek to radicalise our youth. As the minister said previously, it is a shocking fact that, since 2001, around 120 people have been convicted of terrorism offences and, of that cohort, 10 were children. Today, however, of the 35 people before our courts, around half are minors. This unprecedented radicalisation of our youth must stop. We will not allow extremists to groom and brainwash our children into radicalisation, hate and terrorism.”
“I thank the member for his question. On 14 December 2025, the deadliest terrorist attack on Australian soil occurred at Bondi Beach. The terrorists had hate in their hearts and guns in their hands. Let me be clear: antisemitic, hateful and extremist conduct is unwelcome, is unacceptable and has no place in Australia. Just four days after this abhorrent attack, the government announced a package of legislative reforms to target those who spread hate, division and radicalisation. The government moved with urgency and care, consulting with experts and stakeholders—most importantly, the Jewish community—to prepare legislation that deals with both cracking down on hate speech and taking sensible action on firearms. I thank my parliamentary colleagues for their engagement on this legislation.”
“I thank the member. The government does not support these amendments for the reasons provided in response to the amendments of the member for Wentworth. In addition, leaders of prohibited hate groups would already be subject to penalties of up to 15 years under this bill, so it is unnecessary to extend the aggravated offences for religious leaders, which carry penalties of up to 12 years, to them. Question negatived.”
“I thank the member for her contribution. The government will not be supporting this amendment. The bill contains robust oversight of the provisions. There are other means through which this information can be obtained, including three parliamentary process. Question negatived.”
“The government will not be supporting these amendments. The provisions respond strongly to antisemitism, hated and extremism. The consequence of supporting these amendments would amongst other things recommend them temporary, including the important listing regime for prohibited hate groups. Question negatived.”
“I thank the member for her contribution and acknowledge her constructive engagement with the government. The government will not be supporting this amendment. The government is focused as a priority on measures to respond to antisemitism noting the Jewish community has been subjected to serious and significant harm, most recently with the deadly terrorist attack on Australian soil. Existing offences in the Criminal Code, including for advocating or threatening force or violence already protect other groups, including those distinguished by religion, sexual orientation and disability. Those provisions will be further strengthened by this bill. Question negatived.”
“I thank the member for her contribution. The government will not be supporting this amendment. The bill already contains robust oversight, including the ability for the Parliamentary Joint Committee on Intelligence and Security to review a listing decision. The parliament retains its ability to disallow a listing, and nothing in this bill precludes judicial review. Question negatived.”
“I thank the member for her contribution and appreciate the intent of her amendment. The government will not be supporting this amendment. The bill is already appropriately limited to situations where someone intends for this conduct to assist the organisation to engage in hate crimes or to support the organisation to continue to expand or exist. Question negatived.”
“The government's amendment would insert a legislative note to clarify the remit of subsection (5) of section 114A.3 to explain that it does not seek to capture lawful debate, robust criticism, religious discussion, genuine political advocacy; nor to target legitimate comedy, satire or artistic expression. Question agreed to.”
“_____ SHEET JA105 (1) Schedule 1, item 13, page 13 (after line 26), at the end of subsection 114A.3(5), add: Note: Consistent with the implied freedom of political communication, subsection (5) is directed at serious conduct or the threat of serious conduct of a criminal nature. The government's amendments will require the Senate Legal and Constitutional Affairs Legislation Committee to conduct a review into subdivision CA of division 80 of part 5.1 of the Criminal Code as soon as practicable after the second anniversary of the commencement of this item. In doing so, this review will ensure there is an appropriate assessment of the effectiveness of these provisions, with a report tabled before the parliament.”
“I move government amendment (1) on sheet JA104 and government amendment (1) on sheet JA105, as circulated, together: SHEET JA104 (1) Schedule 1, Part 7, page 42 (after line 10), at the end of the Part, add: 66 Review by Senate committee The Senate Standing Committee on Legal and Constitutional Affairs, or such other committee constituted under a resolution of the Senate, must: (a) begin a review of Subdivision CA of Division 80 of Part 5.1 of the Criminal Code as soon as practicable after the second anniversary of the commencement of this item; and (b) report the Committee's findings to the Senate as soon as practicable after completing the review.”
“I present two supplementary explanatory memoranda to the bill, and I ask leave of the House to move government amendment (1) on sheet JA104 and government amendment (1) on sheet JA105, as circulated, together. Leave granted.”
“Our nation is strongest when we choose respect over division, and we must continue to invest in a community where everyone belongs, where everybody can thrive. The passage of the Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill will be a decisive step forward in achieving this. It will send a loud and unequivocal message to all corners of this country that we must stand united in the face of racial hatred. But, more importantly, passage of this bill will send a message that light will prosper over darkness. The passage of this bill will give us hope that Australia will continue to be a place of tolerance and that our diversity can be displayed with pride. I commend the bill to the chamber.”
“I also acknowledge the Parliamentary Joint Committee on Intelligence and Security for its scrutiny of the exposure draft that led to this bill and recognise the tireless work of the secretariat who supported the inquiry. Finally, I acknowledge the work of the Attorney-General's Department, the Department of Home Affairs, and the Office of Parliamentary Counsel who crafted this bill with expertise and care. This bill should not be a moment for division or political pointscoring. This is a moment for national unity. The colour of someone's skin or the god they pray to is not determinative of their worth. Legislation alone cannot rid prejudice from people's minds. Hate spreads, it fosters, it takes root, every time it is not called out. It is our collective responsibility to stamp out this hatred wherever we see it.”
“The bill will also amend the Migration Regulations so that if a noncitizen is refused a visa on character grounds, they are subject to the same permanent exclusion from Australia that currently applies when a visa is cancelled on character grounds. Together these amendments will strengthen the character framework and ensure that when a noncitizen is involved in spreading hatred and division, their visa may be refused or cancelled. This bill did not come together on its own. To that end, I acknowledge the constructive engagement of the Jewish community, legal representatives, members of civil society and other advocates who helped shape the development of this bill. Your feedback has been thoughtful and considered.”
“The current character framework is a key component of Australia's migration system, protecting the community from the risks posed by noncitizens with criminal histories or criminal intent, as well as noncitizens who may vilify a segment of the Australian community, incite discord or otherwise threaten public health, safety or good order. The bill will strengthen the legislative framework in the Migration Act by introducing specific grounds to enable the refusal or cancellation of a visa, if a noncitizen: These new grounds will expressly capture conduct that spreads hatred and extremism, including in circumstances where a hate crime may have been committed, but there has been no criminal justice outcome.”
“Not discomfort. Not disagreement. Not merely, 'I didn't like what was said.' Two years ago, this government introduced offences for the public display of Nazi and terrorist organisation symbols. These symbols are representative of, and are used to convey, ideologies of hatred, violence and racism which are incompatible with Australian values. This bill will strengthen these offences and associated police powers to ensure greater operational effectiveness, including expanding the offences to capture symbols of any prohibited hate groups that are listed under the new framework. Migration amendments The Australian government remains committed to protecting the community from the risk of harm posed by noncitizens who engage in hate motivated conduct or offences relating to the spread of hatred and extremism.”
“It does not seek to capture lawful debate, robust criticism, religious discussion, or genuine political advocacy. It does not target legitimate comedy, satire, or artistic expression. What it does target is serious conduct of a serious nature, whether occurring in Australia or overseas, where the director-general of ASIO must be satisfied the conduct would, or is likely to, increase the risk of politically motivated violence or promote communal violence. That threshold is deliberately high. It ensures the definition is tied to security risk and public safety, not mere commentary, and not mere offence. The line is drawn where it should be drawn: at serious harm—harm of a kind that meets a criminal standard threshold. Harm by an organisation that impacts national security—that is the director-general's concern. That is the test.”
“They have no place in our society and this bill will provide the government with a mechanism to outlaw them, and to criminalise their activities. In relation to the definition of a hate crime at subsection (5), the government confirms that the provision is directed at serious conduct or the threat of serious conduct of a criminal nature. As noted in the explanatory memorandum, the bill does not capture conduct, or the threat of conduct, that includes being subjected to any force or impact that is within the limits of what is acceptable in everyday social interaction or to life in the community. It must be serious harm to a criminal standard under the current law. For the avoidance of doubt, this provision does not trespass into legitimate free speech, including the implied freedom of political communication.”