TOUGHER HATE CRIME LAWS PASS FEDERAL PARLIAMENT
New hate crime laws which provide mandatory minimum sentences for displaying hate symbols, funding terrorism and terror crime passed the Federal Parliament last Thursday.
The legislation received broad support across the political spectrum, although did receive criticism from the crossbench. It ultimately passed with the support of the Coalition opposition.
The Criminal Code Amendment (Hate Crimes) Act 2025 (Cth) amended the Criminal Code Act 1995 (Cth) to strengthen existing offences for urging force or violence and creates new offences for threatening force or violence against targeted groups and members of groups. It also expands the list of groups protected by the public display of prohibited hate symbols offences.
If you or anyone you know have been accused or charged with a hate crime or terror crime, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation.
WHY WERE THE HATE CRIME LAWS INTRODUCED?
The new hate crime laws were first proposed by the Coalition and ultimately introduced into Parliament by the governing Labor Party in response to a number of high-profile anti-Semitic attacks across Australia which have occurred since the start of the war in Gaza.
The attacks on Jewish targets include a synagogue in Melbourne being set alight last year whilst worshippers were inside, with thankfully no-one being seriously injured or killed in that attack. More recently in Sydney, Police located a caravan which contained explosives and an antisemitic note, with the delay in the release of this information to the community resulting in questions being asked by the Coalition and Greens as to when the AFP made the Prime Minister aware and briefed him on this suspected terror plot.
Whilst the Labor Government introduced and ultimately passed the legislation, they faced criticism from the Opposition, including by Liberal Senator James Paterson who stated that “the Prime Minister has been dragged kicking and screaming to finally introduce tough legislation that will ensure there are real penalties for this behaviour.”
WHAT ARE THE NEW PENALTIES FOR HATE CRIME?
The new penalties for Hate Crime include minimum terms of imprisonment of at least one year for displaying hate symbols such as Nazi symbols, a minimum three years imprisonment for financing terrorist groups and at least six years imprisonment for terror offences.
The new legislation also makes it a criminal offence to threaten to use force or violence against targeted groups distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion, where a reasonable member of the targeted group would fear that the threat will be carried out. The maximum penalty for this offence under the new legislation is 5 years imprisonment. However, if it is determined that the threat, if carried out, would threaten the peace, order and good government of the Commonwealth, the maximum penalty is increased to 7 years imprisonment.
FEDERAL GOVERNMENT CRITICISED OVER NEW CHANGES
The Federal Labor Government has faced criticism over the new hate crime laws, including from senior Labor figures. Former Labor Senator Kim Carr stated that the changes are a “clear breach of the Labor Party national platform.”
The Labor Party historically opposes mandatory sentences on the basis that the penalties undermine the independence of the courts and their ability to determine penalties based on the circumstances of a case, are often discriminatory in practice and do not reduce crime.
OUR PROVEN RESULTS
Our specialised criminal lawyers at Criminal Lawyers Group have an outstanding record of securing not guilty verdicts for clients who have been charged with criminal offences, including hate and terror crime. Our Principal and award-winning criminal lawyer Mr Steven Mercael has been nationally recognised as NSW’s leading criminal lawyer in obtaining not guilty verdicts for his clients and for obtaining the best possible outcomes for clients who have pled guilty to criminal offences.
Further, Mr Mercael successfully obtained the Withdrawal of Charges for a client who had been charged by Police with displaying a Nazi symbol at a soccer match, among the latest in a long list of successful outcomes.
CONTACT CRIMINAL LAWYERS GROUP NOW
A conviction for a hate or terror crime can have lifechanging implications, far beyond any term of imprisonment. If you or someone you know have been accused or charged with a hate or terror crime, contact our specialised criminal lawyers at Criminal Lawyers Group immediately for a free consultation.