Australia Cracks Down on Hate: Harsher Penalties, Mandatory Jail

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The Australian Parliament has passed new hate speech laws, introducing harsher penalties, including mandatory minimum prison sentences for displaying terror symbols and committing certain terrorism-related offenses.

The legislation, which cleared the Senate on Feb. 6, creates new offenses targeting threats of violence against specific groups based on race, religion, sexual orientation, gender identity, disability, or political opinion.

Under the new laws, displaying Nazi or terrorist symbols will carry a mandatory one-year prison sentence.

Penalties increase to three years for financing terrorism and six years for other terrorism offenses.

Cooperation with law enforcement may lead to a sentence reduction of up to 25 percent.

An amendment, introduced by the opposition and supported by Labor, also expands the law to cover acts of property damage that advocate force or violence.

The Greens ultimately joined the major parties in supporting the bill, while six senators—Ralph Babet, Fatima Payman, Gerard Rennick, Tammy Tyrrell, Alex Antic, and David Pocock—voted against it.

Mandatory Minimums Added After Pressure and Debate

This inclusion of mandatory minimum prison sentences comes following intense debate and pressure from the opposition, particularly concerning rising anti-Semitic incidents.

Initially, Prime Minister Anthony Albanese and the Labor Party expressed reservations about mandatory minimums, citing concerns about judicial independence and their effectiveness.

However, a series of violent incidents, including the firebombing of a synagogue and the discovery of a vehicle containing explosives and a list of Jewish targets, prompted a change in stance.

“We want people who are engaged in anti-Semitic activities to be caught, to be charged, and to be put in the clink—that’s my priority,” Prime Minister Albanese told reporters in Townsville.

Critics Warn of Risks

Despite broad support for the bill, the amendments sparked opposition from the Green Party and several crossbench members.

Greens Senator Mehreen Faruqi argued that mandatory sentences are “unjust, inappropriate, and extremely discriminatory.”

She accused the Prime Minister of capitulating to the opposition and abandoning Labor’s own policy platform, which opposes mandatory sentencing.

Greens Senator David Shoebridge echoed these sentiments, saying that mandatory sentencing does not effectively deter crime and undermines judicial independence.

He pointed out that many Labor MPs had previously opposed mandatory sentencing, emphasising that penalties should be determined by judges, not politicians.

“Mandatory minimum sentences are abhorrent and there will inevitably be less convictions,” Shoebridge said.

Independent MP Zali Steggall also voiced her concern on X, stating, “Just in a lift with MPs. They didn’t know what they were heading down to vote on: Mandatory sentencing. Major parties MPs currently voting in support of mandatory sentencing without even turning their mind to what it means. This circumvents the role of the courts & is dangerous.”

Coalition Says Dutton’s Influence Drove Harsher Hate Crime Laws

Opposition members have credited Peter Dutton for driving the inclusion of mandatory sentences, stating he “has once again led the way” on national security and social cohesion.

“Last night in the Federation chamber, the Albanese Labor government caved into Mr. Dutton’s demands for strong mandatory penalties and new offenses for anti-Semitic attacks,” Senator Cash said.

Meanwhile, Senator James Paterson accused the government of sitting over the bill and passing it only after much damage was done.

He said the bill was first introduced in September with bipartisan support offered before Christmas.

“Unfortunately, our worst fears were realised, and a summer of terror was unleashed against the Jewish community,” he said.

The government defended its shift, citing the escalating threat of extremism and the need for stronger deterrents.

“Anybody who says that hate speech is somehow a subset of freedom of speech doesn’t understand that words can be bullets,” said Home Affairs Minister Tony Burke.

AAP contributed to this article.