The Australian parliament has passed landmark changes to firearms and hate speech laws, following the devastating terror attack that claimed the lives of 15 people at a Hanukkah by the Sea event in Bondi.
Two separate bills, one focused on hate speech and migration, and the other on customs and gun laws, were passed in response to the Bondi terror attack on December 14.
Both laws will now go through Royal Assent before coming into force, with some of the gun reforms requiring further negotiations with other states and territories.
Hate speech and extremist groups
Under the new laws, preachers and leaders – including visiting speakers – who promote hate will face a new aggravated offence, carrying a maximum penalty of 10 to 12 years in prison depending on the severity.
The Home Affairs Minister has been given expanded powers to formally list organisations as hate groups, while the threshold for doing so has also been lowered.
An organisation may be listed if it has “praised” conduct that would be considered a hate crime, and if there is an unacceptable risk that this could encourage others to do the same.
Associating with a listed hate group is now a criminal offence, even in an informal way. This includes recruiting members, providing or receiving training or financial support, directing activities, or simply being a member.
Penalties for these offences range from seven to 15 years imprisonment.
Tony Burke previously said the now-disbanded neo-Nazi Nationalist Socialist Network and Hizb ut-Tahrir Australia would be captured under these laws.
Two new aggravated grooming offences will also apply to adults who encourage a child to use force or violence against a group, or who share violent extremist material with a child using a “carriage service”, such as the internet or a phone.
Hate symbol laws have also been strengthened, expanding the definition to include symbols linked to banned hate groups. Prosecutors will now only need to show a person was “reckless”, rather than proving they knew the symbol was illegal.
Powers to order the removal of hate symbols from public places have also been extended to online spaces.
Violent extremist material and banned hate symbols will now be prohibited from being brought into or taken out of Australia, with serious penalties for breaches.
Migration changes
The Home Affairs Minister has been granted broader powers to refuse or cancel visas for people with extremist views. Anyone refused a visa under these provisions will be permanently barred from returning to Australia.
Both the migration and hate speech laws will be reviewed every two years by parliament’s Joint Committee on Intelligence and Security. The Opposition Leader will also be consulted on decisions to list or remove hate groups, following negotiations with the Coalition.
Firearms reforms
A national gun buyback scheme is the centrepiece of Labor’s firearms reforms. It will be jointly funded by the federal government and the states.
A digital National Firearms Register will be streamlined to allow faster police checks across state borders.
Gun licence applicants will face stricter background checks through AusCheck, the national background checking system. Applications may be refused on the basis of security risk, not just criminal history.
In limited circumstances, spent, pardoned or quashed convictions may be shared with ASIO or the Australian Criminal Intelligence Commission during the assessment process.
Non-citizens will be banned from accessing firearms, and imports of certain high-risk weapons, including assisted-repeating and straight-pull firearms, will be further restricted.
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