The Israel Foreign Ministry has welcomed the delivery of the toughest laws Australia has ever had against hate crimes.
The Criminal Code Amendment (Hate Crimes) Bill 2024 will introduce mandatory minimum jail sentences of one year for offences including displaying Nazi or terrorist symbols, three years for financing terrorism, and six years for other terrorism offences.
Having passed Australia’s Senate on Feb. 6, the law will also create offences for threatening violence on the basis of race, religion, sexual orientation, gender identity, disability, or political opinion.
“We welcome Australia’s decision to pass legislation against hate crimes in response to the alarming rise in anti-Semitism,” the Israel Foreign Ministry posted to X.
“No Jew in Australia—or anywhere in the world—should have to live in fear.”
The move, first posed by the Coalition, originally drew criticism from Labor Prime Minister Anthony Albanese.
Labor’s early criticism stemmed from concerns the laws would remove autonomy and nuance from judicial sentencing. Still, following months of violent anti-Semitic attacks in Australia, the leader threw his support behind the new laws.
“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,” Albanese told reporters.
Australian Attorney General Mark Dreyfus, who is the grandson of Holocaust survivors, said the new laws followed the criminalisation of the Nazi salute and Swastika.
“The bill targets the most serious forms of harmful hate speech, namely advocating and threatening the use of force or violence against a group or member of a group or against a place of worship,” he said in a statement.
Anti-Semitism has soared in Australia since terror group Hamas launched an invasion of Israel on Oct. 7, 2023.
Tougher Minimum Sentencing Needed, Says ECAJ
The Executive Council of Australian Jewry (ECAJ) has lauded the move.“We commended the Federal Opposition for putting forward this proposal on Jan. 20, and we also now commend the government for its decision to accept and implement the proposal”, ECAJ co-CEO Peter Wertheim said in a statement.
“The bipartisanship on this important issue sends a powerful and much-needed message of zero tolerance to potential perpetrators of these offences.
“We have seen too many examples of such behaviour going unpunished, such as the disgraceful antisemitic threats and hatred that featured at the Sydney Opera House steps on Oct. 9, 2023. No one was even charged, let alone convicted.”
Legal Body Objects to Mandatory Sentencing
The laws have not been without criticism, however.The Law Council of Australia said that mandatory sentencing was not the answer.
“The Law Council has been gravely concerned by the recent incidents and acts of anti-Semitism that have occurred across the country,” Law Council of Australia President, Juliana Warner said in a statement.
“At the same time, it is vitally important in challenging times to uphold rule of law principles and not adopt measures that risk serious injustice.
Warner said judges were best placed to determine adequate punishments.
“Under mandatory sentencing, the personal circumstances of the offender are not taken into consideration,” she said.
“This has the potential to disproportionately impact vulnerable groups.”
“Mandatory sentencing laws are arbitrary and limit the individual’s right to a fair trial by preventing judges from imposing a just penalty based on the unique circumstances of each offence and offender.”
