The Australian Government has introduced the Combatting Antisemitism, Hate and Extremism Bill 2026, a comprehensive legislative measure designed to strengthen Australia’s response to antisemitism, hate-motivated conduct, and extremist activity.
The Bill seeks to reform multiple Commonwealth laws, including:
- Migration Act 1958
- Migration Regulations 1994
- Australian Citizenship Act 2007
The reforms are designed to protect the Australian community by providing authorities with the tools to identify individuals and organizations engaged in promoting hate or extremist activities. They aim to prevent high-risk individuals from entering or remaining in Australia while ensuring that migration, citizenship, and criminal law provisions are aligned to address contemporary security threats effectively.
Key Features of the Bill
- Strengthened Migration Controls
Character Test Updates (Section 501)
The Bill introduces new grounds for failing the character test for visa applicants or residents, specifically targeting those involved in hate or extremist activities:
- Individuals who are or have been members of:
- Terrorist organizations
- State sponsors of terrorism
- Prohibited hate groups
- Individuals associated with such organizations in ways that support their objectives.
- Persons who have committed or been involved in hate crimes, whether or not a conviction exists.
- Individuals who make public statements or endorse content online promoting racial, ethnic, or religious superiority or hatred.
- Individuals encouraging others to make hate-based public statements.
Notable Changes:
- The threshold for determining risk has been lowered from “would” to “might”, allowing authorities to take pre-emptive action based on potential threats.
- Ministerial discretion is clarified: it is not necessary to establish whether association with an organization is ongoing to apply these grounds.
Temporary Safe Haven Visas (Section 500A)
- Ministers may refuse or cancel temporary safe haven visas if individuals meet the new character test grounds related to spreading hatred or extremist conduct.
- Decisions can be made even before conduct escalates, enabling a risk-based approach to visa management.
Clarifying Definitions (Section 5 & 5C)
The Bill introduces clear definitions for key terms including:
- Association
- Hate crime
- Member
- Prohibited hate group
- State sponsor of terrorism
- Terrorist organization
The meaning of “character concern” is updated to reflect potential threats from hate and extremist activity, ensuring consistency across visa decisions.
2. Permanent Exclusion Measures
- Special Return Criteria 5001 in the Migration Regulations has been extended.
- Individuals refused visas under sections 501, 501A, or 501B are permanently excluded from reapplying unless the refusal is revoked or a permanent visa is granted by the Minister.
- These measures apply to both pending and future visa applications, ensuring continuity in enforcement.
3. Citizenship Act Amendments
- Expands the definition of national security offences to include convictions related to prohibited hate groups.
- Provides grounds for denying citizenship to individuals whose conduct threatens national security or public safety.
This aligns citizenship provisions with the new migration and character test measures.
4. Broader Legal Implications
The Bill ensures that:
- Ministerial powers are clear and enforceable for visa refusal and cancellation.
- Consistency exists across migration, citizenship, and criminal law.
- Public safety is prioritized without undermining due process for visa applicants and residents.
By updating definitions and expanding the scope of “character concern,” the Bill provides a modern, flexible framework to counter hate-motivated and extremist conduct in Australia.
Implementation
- Effective on commencement: Applies to visa applications lodged before or after the Bill’s commencement if not finally determined.
- Visa cancellations: Apply to decisions made on or after commencement, regardless of when the visa was originally granted.
- Permanent exclusion: Applies to individuals refused under sections 501, 501A, or 501B.
This ensures smooth, consistent application of the law across different cases and timeframes.
Click here: Combatting Antisemitism, Hate and Extremism Bill 2026