With its new laws, the government is tackling hate speech quickly, but not properly
On Tuesday, in response to the Bondi terrorist attack and mounting pressure to take strong action, the Albanese government released draft legislation to counter hate crime and strengthen firearm controls.
The draft bill is 144 pages long. It contains wide-ranging amendments to criminal law, migration rules, customs regulations and more.
The legislation contains the most significant changes to Australia’s counter-terrorism laws since those introduced in 2014 in response to Islamic State and the threat of foreign fighters.
Public submissions on the laws are due to the Parliamentary Joint Committee on Intelligence and Security by Thursday afternoon. That leaves fewer than three days for public consultation.
This timeline is wholly inadequate to consider such significant changes. The government risks entrenching legislation that raises more questions than it answers, without building the public goodwill necessary for these sorts of laws to effectively address hate and violence.
The draft legislation is too lengthy and complex to detail in its entirety here, but the main criminal law changes are a new federal offence for inciting racial hatred and a scheme for outlawing hate groups.
Under the new offence, anyone who incites or promotes racial hatred, or disseminates “ideas of racial superiority”, will be liable for five years in prison. The conduct must be such that a reasonable member of the “target” community would be intimidated, fear harassment or violence, or fear for their safety.
This is a reasonable person........
