New Anti-Hate Laws have come into effect after both houses of parliament passed legislation last week.
The Criminal Code Amendment (Hate Crimes) Bill 2025 creates new criminal offences and increases maximum penalties for a number of existing offences.
It also introduces mandatory minimum sentences for hate crimes. This reflects a departure from the Labour party's usual stance on minimum sentencing.
The laws are a response to the rise in targeted anti-Semitic attacks, although the legislation covers a wide range of groups.
Mandatory Minimum Sentences
The most controversial of the new laws are the mandatory minimum sentences that will come into effect now that the Bill has received Royal Assent.
Amendments to section 80.2H of the Criminal Code 1995 (Cth) mean that any person found guilty of the public display prohibited Nazi symbols will be subject to a mandatory minimum jail sentence of 12 months.
This was previously the maximum penalty for this offence, but the amendments will increase the maximum penalty for the public display prohibited Nazi symbols from 12mths to 5yrs.
Likewise, section 80.2HA of the Criminal Code 1995 has been amended so that any person found guilty of publicly displaying prohibited terrorist organisation symbols will receive a mandatory minimum jail sentence of at least 12 months.
The maximum penalty for publicly displaying prohibited terrorist organization symbols has also been increased from 12 months to 5 years jail.
These amendments appear to be a response to the display of Hezbollah flags that were seen at many pro-Palestinian rallies throughout Australia.
Any person found guilty of a terrorism offence under Division 101 or 102 of the Criminal Code 1995 will now be subject to a mandatory minimum sentence of at least 6 years imprisonment.
Any person found guilty of associating with terrorist groups under Section 102.8 of the Criminal Code 1995 will be subject to a mandatory minimum sentence of 12 months imprisonment.
Any person found guilty of associating with terrorist groups under Division 103 of the Criminal Code 1995 will be subject to a mandatory minimum sentence of 3 years imprisonment.
The mandatory minimum sentences have drawn criticism as they are arbitrary and prevent judges from imposing an appropriate penalty based on the circumstances of each case. They also infringe on the separation of powers between parliament and the judiciary.
In fact, this is reflected in the Labour party's policy platform, which opposes mandatory sentencing for these very reasons. As such, the new anti-hate laws are a stark departure from the government's usual stance.
Expansion of Protected Groups
The amendments also expand the protected groups covered by sections 80.2A(1)(a) and 80.2B(2)(d) of the Criminal Code 1995. Currently, the law lists race, religion, nationality, national or ethnic origin or political opinion as protected classes.
However, the legislation will soon also cover sex, sexual orientation, gender identity, intersex status and disability.
Section 80.2B(3) of the Criminal Code 1995 has been amended to include a provision that it is immaterial whether the targeted person is actually a member of the group or just a close associate.
New Anti-Hate Offences
Section 80.2A of the Criminal Code 1995 now makes it an offence to advocate or threaten the use of force and violence against a group or member of a group or a place of worship.
The amendments expanding the number of protected groups and the inclusion of close associates of those groups has been applied to a new offence of threatening force or violence against groups under Section 80.2BA of the Criminal Code 1995.
A new offence pursuant to Section 80.2BB of the Criminal Code 1995 (Cth) has also been introduced if an offender holds a belief that the person they are targeting is a member or close associate of a protected group.
Section 80.2BC of the Criminal Code 1995 (Cth) introduces offences relating to advocating or threatening damage to property of protected groups.
Analysis of New Anti-Hate Laws
While the new anti-hate laws are the strongest laws that have passed parliament, they are likely to still suffer issues with enforcement.
The Criminal Code Amendment (Hate Crimes) Bill 2025 significantly increases penalties but does not do anything to make it easier to secure convictions in respect of these offences.
In a recent test case for the NSW anti-Nazi laws, two men were found 'not guilty' to offences of knowingly display Nazi symbols. The prosecution were unable to prove, beyond reasonable doubt, that the individuals knew they were displaying a Nazi salute. There were alternative explanations for the gestures such as waving to another person, making a 'Roman' salute, or signalling to a camera. You can read a detailed breakdown of those cases here.
The new laws would still be unable to secure convictions in cases such as this, making the increased maximum penalties somewhat obsolete.
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