Executive Summary:

The Australian Lobby Group (AusLobby) vehemently opposes the Combatting Antisemitism, Hate and Extremism Bill 2026 (the Bill) in its entirety. This legislation constitutes a grave and Orwellian assault on the foundational Australian freedoms of speech, association, and thought.

Rushed with submissions due by 4:00 pm AEDT on Thursday, 15 January 2026, only two days after referral on 12 January 2026 by Home Affairs Minister Tony Burke MP, and slated for guillotined passage in a single parliamentary day, the Bill mirrors the failed Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024, which was withdrawn amid widespread concerns over censorship and government overreach.

The exposure draft introduces aggravated offences for so-called “hate preachers”, new vilification crimes promoting hatred or racial superiority (with penalties of up to 5–15 years’ imprisonment), expanded ministerial powers to prohibit “hate groups” (effectively criminalising membership), and additional visa and firearms restrictions.

Critically, the Bill imposes a reverse onus of proof, requiring defendants to prove their innocence or disprove recklessness, fundamentally destroying the presumption of innocence.

Hypocritically, the Bill exempts conduct that “consists only of directly quoting from, or otherwise referencing, a religious text for the purpose of religious teaching or discussion” (as per the draft clause in Schedule 1). This carve-out shields incitement contained in extremist passages of Islamic, Jewish, and Christian scriptures, while simultaneously criminalising those who criticise or debate those same texts.

Prime Minister Albanese defended this exemption by stating:

“I don’t know if you read the Old Testament, but I refer you to that.”

“I encourage you to read the Old Testament and see what’s there, see if you outlaw that what would occur. So we need to be careful. We consulted with faith groups, not just with the Jewish community, we want to make sure there’s the broadest possible support for this legislation.”

This Bill violates core democratic principles of open debate, procedural fairness, and the rule of law. It breaches Article 19 of the International Covenant on Civil and Political Rights (ICCPR), which requires that any restriction on freedom of expression be necessary and proportionate. It also offends the implied freedom of political communication recognised in Lange v Australian Broadcasting Corporation [1997] HCA 25, which held:

“Freedom of communication on matters of government and politics is an indispensable incident of that system of representative government which the Constitution creates.”

The Bill would effectively gag AusLobby’s core policy positions — including ending mass immigration, implementing immediate border closures, establishing a national population plan that prioritises Australians first, and restoring social cohesion and national identity — as legitimate debate on cultural compatibility or immigration pressures could be deemed to be “promoting racial hatred” or “reckless” vilification.

As our mission states:

“Our mission is simple: stand up for the Australian people, speak truth to power, and push for policies that restore stability, security, and control over our nation’s direction.”

And:

“We believe Australia’s future must be shaped by Australians, not by corporate lobbyists, foreign interests, or detached bureaucrats.”

AusLobby therefore demands the immediate withdrawal of the Bill. Failure to do so risks High Court invalidation, international condemnation, and the further deepening of social and political division in Australia.