How are Australia’s anti-hate laws relevant to business?

Hate crimes in Australia are primarily prohibited under the Criminal Code Act 1995  (Cth), particularly Division 80, which covers urging violence against groups.

For example, section 80.2A makes it an offence to:

• advocate the use of force or violence against a group (targeted group); and
• does so recklessly as to whether force or violence will occur; and
• the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political option; and
• the use of force or violence would threaten the peace, order and good government of the Commonwealth.

In the aftermath of the Bondi Beach terror attack on 14 December 2025, the Australian Parliament passed the following laws on 20 January 2026:

• Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026  (Cth); and
• Combatting Antisemitism, Hate and Extremism (Firearms and Customs Law) Act 2026  (Cth),

amending the Criminal Code Act 1995 (Criminal Code), the Crimes Act 1914  (Cth) and associated criminal law legislation and the Migration Act 1958  (Cth) .

The Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act expands and strengthens Commonwealth criminal offences to address the spread of hatred and extremism, including antisemitism, through:

• increased penalties for hate crime offences;
• new aggravated penalties for preachers and leaders who advocate or threaten violence;
• a new framework to enable organisations who engage in conduct constituting a hate crime to be listed as prohibited hate groups; and
• expanded prohibited hate symbols offences.

The objects of that Act include to protect the Australian community or part of the Australian community against social, economic, psychological and physical harm (including harm caused by organisations who have engaged in, prepared or planned to engage in, or assisted in the engagement in, or advocated engagement in, hate crimes), and from the promotion of violence, by prohibiting organisations that engage in, prepare or plan to engage in, or assist the engagement in, or advocate engaging in, conduct constituting a hate crime.

In this Part, an organisation advocates engaging in conduct constituting a hate crime if:

(a) the organisation counsels, promotes, encourages or urges the engagement in conduct constituting a hate crime; or

(b) the organisation provides instruction on how to engage in conduct constituting a hate crime; or

(c) the organisation praises the engagement in:

(i) conduct constituting a hate crime; or

(ii) conduct that would constitute a hate crime if engaged in in Australia;

in circumstances where there is an unacceptable risk that such praise might have the effect of leading a person (regardless of the person’s age or any mental impairment that the person might suffer) to engage in conduct constituting a hate crime.

Under section 114B.6

(1) A person commits an offence if:

(a) the person intentionally provides to an organisation support or resources intending the support or resources to assist:

(i) the organisation to engage in conduct described in paragraph 114A.4(1)(a); or

(ii) the organisation to expand or to continue to exist; and

(b) the organisation is a prohibited hate group; and

(c) the person knows the organisation is a prohibited hate group.

Note : For defences, see section 114B.7.

Penalty : Imprisonment for 15 years.

(2) A person commits an offence if:

(a) the person intentionally provides to an organisation support or resources intending the support or resources to assist:

(i) the organisation to engage in conduct described in paragraph 114A.4(1)(a); or

(ii) the organisation to expand or to continue to exist; and

(b) the organisation is a prohibited hate group; and

(c) the person is reckless as to whether the organisation is a prohibited hate group .

Note : For defences, see section 114B.7.

Penalty : Imprisonment for 10 years.

A person is ‘reckless’ if he or she is aware of a substantial risk that the circumstances exist or will exist and having regard to the circumstances known to him or her, it is unjustified to take the risk: section 5.4(1).

Section 14A.3 of the Act expands the definition of hate crimes: including, without a permitted defence:

• to publicly promote or incite racial hatred where the conduct would cause a reasonable person to feel intimidated, harassed or fear violence based upon their race, national or ethnic origin; and
• the display of Nazi symbols, or symbols used to incite hate/terror.

The laws now apply to online, physical, and verbal conduct that stirs up hostility.

This article was written with the assistance of Lauren Bryant, Paralegal.

Alison Choy Flannigan and Aash Velhal are members of the Hall & Wilcox Cultural inclusion Committee.