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Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures)

Current status

This bill became law on Dec 11th, 2023.

Policy area

Immigration, border & security

What does this bill do?

Australia now makes it a crime to publicly display or sell goods with Nazi or Islamic State symbols, while still allowing legitimate uses such as religious observance.

Why was it introduced?

Violent extremists were publicly displaying and selling Nazi and Islamic State symbols, and existing laws left gaps in stopping online extremist material and terrorism advocacy. The bill creates new crimes for those symbols and online extremist content, expands offences for praising or teaching terrorism, and keeps terrorist listings in force longer.

Broader context

Australia already had counter-terrorism offences and terrorist organisation listings, but ministers said those laws did not stop the public display and sale of Nazi and Islamic State symbols, left a gap around online violent extremist materialOnline or digital material that promotes, instructs or helps spread violent extremist ideas, even before a specific attack is planned. before a specific attack was being planned, and did not fully capture praise or instruction that could spur terrorism. After neo-Nazi incidents and, later in 2023, a reported surge in antisemitic incidents following the Hamas attacks, the government introduced this bill and parliament passed it in December 2023, making the new offences law and ending automatic expiry of terrorist listings.

Key criticism

The main criticism was that parts of the bill could reach too far into criminalisation, risking overpolicing of marginalised communities while doing too little to address the causes of radicalisation. That concern came mainly from the Greens and some crossbench senators, while no party represented in the debate opposed banning Nazi symbols and salutes themselves.

Who supported it?

Mark Dreyfus MP introduced this bill. It passed on the voices.

Introduced in House 14 June 2023
Passed House 30 Nov 2023
Passed Senate 06 Dec 2023
Became law 11 Dec 2023

Did it become law?

Yes

Became law 11 Dec 2023

Final passage

Passed without a counted vote

5 recorded amendment or procedural votes were found, but no counted vote on the bill itself was recorded.

Passage speed

180 days

From introduction to the latest recorded parliamentary step

Official record

View on APH

Parliament of Australia bill page

Meaning

What does this bill do?

  1. Australia now makes it a crime to publicly display or sell goods with Nazi or Islamic State symbols, while still allowing legitimate uses such as religious observance.

  2. Police can direct a person to remove a banned hate or terrorist symbol if it is being shown in public.

  3. Using phone or internet services to access, hold or share violent extremist materialOnline or digital material that promotes, instructs or helps spread violent extremist ideas, even before a specific attack is planned. can now be prosecuted even before a specific terrorist attack is being planned.

  4. People can now be punished for encouraging terrorism not just by urging attacks, but also by teaching how to carry one out or praising one in ways that could lead others to act.

  5. Terrorist organisation listings no longer expire automatically after three years, and instead stay in force until the AFPThe federal police force that enforces the new offences and can act on terrorist organisation listings. Minister ends them.

Show source excerpts
  1. The new criminal offence at section 80.2H will prohibit the public display of these symbols, preventing these symbols from being used to advocate or disseminate ideas of hate, and preventing the vilification of members of the community. The new offence at section 80.2J will further support these objectives by restricting the trading, and profiting from, these goods. The offences would not apply in circumstances where the public display of, or trading in goods that bear, a prohibited symbol was done for a legitimate purpose, not contrary to the public interest. This would ensure, for example, that the use of the sacred Swastika for religious purposes is permitted. Appropriate defences will also be available for both offences.
    Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) explanatory memorandum
  2. The bill also enables law enforcement to issue a direction to a person requiring the removal of prohibited symbols from public display.
    Second reading speech
  3. Extremists are using the internet to recruit, spread propaganda and incite violence, particularly by targeting young people. Law enforcement, however, is limited in its ability to prosecute people for dealing with violent extremist material. While it is a crime to possess material that is connected with a terrorist act (for example, sections 101.4 to 101.6 of the Criminal Code) it is not currently a crime to deal with violent extremist material where, for example, planning or preparation for a terrorist act has not yet begun. This Bill would fill that gap by creating new offences for using a carriage service for violent extremist material (new section 474.45B), and possessing or controlling such material that has been accessed or obtained using a carriage service (new section 474.45C). These offences focus on the nature of the material, rather than the intentions of the person dealing with it.
    Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) explanatory memorandum
  4. The promotion and idealisation of extremist views is of increasing concern, particularly with respect to young people becoming radicalised online. Glorifying terrorists or providing guidance on the commission of terrorist acts can incite others to imitate or seek to engage in similar behaviour, and further their radicalisation. To address this, the bill expands the offence for advocating terrorism in the Criminal Code to include instructing on the doing of a terrorist act or praising the doing of a terrorist act in circumstances where there is a substantial risk that such praise might lead someone to engage in a terrorist act.
    Second reading speech
  5. The Bill would amend the Criminal Code to provide that regulations which prescribe terrorist organisations do not lapse after three years, but continue unless ceased through a proactive decision of the AFP Minister (Items 3 and 5 to Schedule 4). This is due to the fact that most organisations have been relisted repeatedly, and reflects the seriousness of terrorist organisation offences.
    Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) explanatory memorandum

Context

Broader context for this bill

Australia already had counter-terrorism offences and terrorist organisation listings, but ministers said those laws did not stop the public display and sale of Nazi and Islamic State symbols, left a gap around online violent extremist materialOnline or digital material that promotes, instructs or helps spread violent extremist ideas, even before a specific attack is planned. before a specific attack was being planned, and did not fully capture praise or instruction that could spur terrorism. After neo-Nazi incidents and, later in 2023, a reported surge in antisemitic incidents following the Hamas attacks, the government introduced this bill and parliament passed it in December 2023, making the new offences law and ending automatic expiry of terrorist listings.

  1. 14 June 2023

    Government introduces a bill targeting hate symbols and extremist material

    When the bill was introduced, the Attorney-General said recent neo-Nazi cross burnings, chants and salutes showed a need for stronger Commonwealth laws against public hate displays and extremist activity.

    Hansard ↗
  2. 28 Nov 2023

    Parliament highlights a surge in antisemitic incidents after the Hamas attacks

    During resumed debate, MPs pointed to a reported 482 per cent increase in antisemitic incidents in the seven weeks since the Hamas terrorist attacks as evidence of rising hate and urgency for the bill.

    Hansard ↗
  3. 06 Dec 2023

    Parliament passes the bill

    Both houses passed the bill in the same form, clearing the way for new federal offences on prohibited symbols, violent extremist materialOnline or digital material that promotes, instructs or helps spread violent extremist ideas, even before a specific attack is planned. and expanded terrorism advocacy to become law.

    Parliamentary timeline ↗
  4. 11 Dec 2023

    Royal AssentThe final step that turns a passed bill into law. makes the new counter-terrorism measures law

    Royal AssentThe final step that turns a passed bill into law. turned the bill into an Act, creating the new hate-symbol and online extremist material offences and stopping terrorist organisation listings from automatically lapsing after three years.

    Parliamentary timeline ↗

Legislative route

How did it move through Parliament?

House Senate
Introduced 14 June 2023

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 14 June 2023

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Intelligence and Security review 21 June 2023

Referred to Committee (21/06/2023): Parliamentary Joint Committee on Intelligence and Security; Committee report (15/11/2023)

Referred to committee

APH bill page notes
Second reading debate 28 Nov 2023

The bill reached this recorded parliamentary step.

Sent to Federation Chamber for debate 28 Nov 2023

The bill reached this recorded parliamentary step.

Referred to Federation Chamber

Federation Chamber debate 28 Nov 2023

The bill reached this recorded parliamentary step.

Second reading debate

Second reading debate 29 Nov 2023

The bill reached this recorded parliamentary step.

Returned to House for further consideration 29 Nov 2023

The bill reached this recorded parliamentary step.

Second reading debate 29 Nov 2023

The bill reached this recorded parliamentary step.

House second reading agreed 29 Nov 2023

The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.

Second reading agreed to

House agreed to amendment packages 29 Nov 2023

The chamber considered amendments before the bill moved to the next stage.

Consideration in detail debate

Consideration in detail 30 Nov 2023

The chamber considered the bill in detail and dealt with amendments before the next stage.

Consideration in detail debate

House third reading agreed 30 Nov 2023

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Introduced 04 Dec 2023

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 04 Dec 2023

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Senate second reading agreed 06 Dec 2023

The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.

Second reading agreed to

Committee of the WholeThe stage where the Senate or House considers amendments clause by clause after the main debate. debate 06 Dec 2023

The bill reached this recorded parliamentary step.

Senate third reading agreed 06 Dec 2023

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Passed both houses 06 Dec 2023

Both houses passed the bill in the same form, completing parliamentary passage.

Finally passed both Houses

Assent 11 Dec 2023

The Governor-General gave Royal AssentThe final step that turns a passed bill into law., turning the bill into an Act.

Key criticism

The main case against this bill

The main criticism was that parts of the bill could reach too far into criminalisation, risking overpolicing of marginalised communities while doing too little to address the causes of radicalisation. That concern came mainly from the Greens and some crossbench senators, while no party represented in the debate opposed banning Nazi symbols and salutes themselves.

Most criticism was targeted and conditional rather than a broad case against the bill as a whole.

Risk of overreach and overpolicing

Greens senators supported banning Nazi symbols and salutes but warned that other parts of the bill could overreach and worsen overpolicing of marginalised communities.

Raised by Australian Greens Source ↗

Criminal penalties alone may not solve radicalisation

Crossbench critics argued that bans and offences on their own would not adequately reduce radicalisation or discrimination, and said more investment was needed in social cohesion, early intervention, deradicalisation, rehabilitation, education and community-based prevention.

Raised by Independent senators David Pocock and Lidia Thorpe Source ↗

Further sources

openaustralia.org.au ↗

Votes

Recorded votes

How the bill itself passed

The bill passed both chambers on the voices. The counted divisions below were about amendments or procedure, not final passage.

Passed

House passed the bill

House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.

30 Nov 2023

Passed on the voices

In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.

Passed

Senate passed the bill

Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.

06 Dec 2023

Passed on the voices

In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.

Amendments at a glance

Amendments grouped by chamber. Where APH reports aggregate counts, the package card summarizes the matching public amendment sheets by source theme.

House

Defeated

Add Nazi salute to banned conduct

Aye 61 No 76

Defeated 61 to 76. Support came from Liberal Party, Nationals, Centre Alliance, and minor parties and independents. Opposition came from Labor and Greens. Minor-party and independent votes were split.

30 Nov 2023

The House rejected the amendment, so the bill did not expand the prohibition to explicitly cover the Nazi salute in this vote.

Party Recorded votes Aye / No
Labor 0 / 65
Unknown 23 / 10
Liberal Party 18 / 0
Nationals 11 / 0
Independent 8 / 0
Greens 0 / 1
Centre Alliance 1 / 0
Carried

Government package: 34 amendments

Government amendments clarify commencement for Schedule 4 with a proclaimed start date and six-month longstop, while extending Schedule 1 to cover the Nazi salute and related hate-symbol prohibitions.

29 Nov 2023

Passed on the voices

The chamber agreed to this amendment package without a counted vote. APH records the agreed count by amendment, while the source documents are grouped into amendment sheets.

Themes in the public amendment sheets

Senate

Defeated

Warn against overpolicing minorities

Aye 9 No 33

Defeated 9 to 33. Support came from Greens and minor parties and independents. Opposition came from Labor, Liberal Party, One Nation, Jacqui Lambie Network, and minor parties and independents.

06 Dec 2023

The Senate rejected the Greens' second-reading statement, so the bill kept its broader counter-terrorism settings without that warning attached.

Party Recorded votes Aye / No
Labor 0 / 16
Greens 8 / 0
Liberal Party 0 / 7
Unknown 0 / 6
One Nation 0 / 2
Independent 1 / 0
Jacqui Lambie Network 0 / 1
UAP 0 / 1
Carried

Keep Schedule 4 symbol rules

Aye 24 No 8

Passed 24 to 8. Support came from Labor, Liberal Party, UAP, and minor parties and independents. Opposition came from Greens.

06 Dec 2023

This vote kept the scheduleA numbered part of a bill that contains a specific group of changes, such as the new symbol offences or the terrorist listing changes. 4 provisions in the bill at that stage and pushed the bill forward in the Senate committee process.

Party Recorded votes Aye / No
Labor 15 / 0
Greens 0 / 8
Unknown 4 / 0
Liberal Party 3 / 0
Independent 1 / 0
UAP 1 / 0
Defeated

Retain the sunset clause

Aye 12 No 22

Defeated 12 to 22. Support came from Greens, Jacqui Lambie Network, UAP, and minor parties and independents. Opposition came from Labor and Liberal Party. Minor-party and independent votes were split.

06 Dec 2023

The Senate rejected the attempt to retain the sunset mechanism, so the bill proceeded without that limitation on the new scheduleA numbered part of a bill that contains a specific group of changes, such as the new symbol offences or the terrorist listing changes. 4 rules.

Party Recorded votes Aye / No
Labor 0 / 15
Greens 8 / 0
Unknown 1 / 4
Liberal Party 0 / 3
Independent 1 / 0
Jacqui Lambie Network 1 / 0
UAP 1 / 0
Defeated

Review the new subdivision after two years

Aye 21 No 27

Defeated 21 to 27. Support came from Liberal Party, Nationals, Jacqui Lambie Network, and UAP. Opposition came from Labor, Greens, and minor parties and independents. Minor-party and independent votes were split.

06 Dec 2023

The Senate rejected the review clause, so the new subdivision was left without the proposed two-year statutory review requirement.

Party Recorded votes Aye / No
Labor 0 / 15
Liberal Party 10 / 0
Unknown 7 / 3
Greens 0 / 8
Nationals 2 / 0
Independent 0 / 1
Jacqui Lambie Network 1 / 0
UAP 1 / 0
Defeated

Warn against overpolicing minorities

This second-reading proposal, moved by Senator Mehreen Faruqi and Senator David Shoebridge for the Greens, would note support for banning Nazi symbols and salutes while warning that other parts of the bill could overreach and worsen overpolicing of marginalised communities.

Defeated on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Hansard record ↗

Defeated

Boost social cohesion and deradicalisation funding

This second-reading proposal, moved by Senator David Pocock, would say banning Nazi symbols and salutes is not enough on its own and that more funding is needed for social cohesion, early intervention and deradicalisation programs.

Defeated on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Hansard record ↗

Defeated

Expand anti-racism and prevention measures

This second-reading proposal, moved by Senator Lidia Thorpe, would say criminalisation alone will not address radicalisation or discrimination and that broader community-based prevention, rehabilitation, education and truth-telling are needed.

Defeated on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Hansard record ↗

Defeated

Allow collecting militaria as a permitted exception

This committee-stage proposal, moved by Senator Malcolm Roberts on behalf of Pauline Hanson's One Nation, would add collecting militaria alongside academic purposes as an exception in several parts of the bill.

Defeated on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Hansard record ↗

This list includes amendment votes, procedural votes and votes on the bill itself.

Parliamentary debate

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Mark Dreyfus

Australian Labor Party • MP 14 June 2023

Dreyfus strongly supports the bill and says the government must act to stop hate symbols, violent extremist materialOnline or digital material that promotes, instructs or helps spread violent extremist ideas, even before a specific attack is planned., and terrorism advocacy from being used to harm Australians.

Read in Hansard ↗
Lead supporting voice Supports

Bridget Archer

Liberal Party • MP 28 Nov 2023

Archer supports the bill and says it is a positive and necessary step to curb hate symbols and strengthen counter-terrorism offences.

Read in Hansard ↗
Lead non-major voice Supports

Zoe Daniel

Independent • MP 28 Nov 2023

Zoe Daniel wholeheartedly supports the bill, saying banning Nazi salutes and hate symbols is needed to stop extremists from identifying and connecting, and to help protect social cohesion.

Read in Hansard ↗
Lead voice Supports

Malarndirri McCarthy

Australian Labor Party • Senator 04 Dec 2023

McCarthy supports the bill and says it is needed to curb Nazi and terrorist hate symbols, extremist propaganda and the spread of violent extremist materialOnline or digital material that promotes, instructs or helps spread violent extremist ideas, even before a specific attack is planned..

Read in Hansard ↗

All speeches by bloc

Labor

6 speakers · 6 support

  1. Malarndirri McCarthy ★ McCarthy supports the bill and says it is needed to curb Nazi and terrorist hate symbols, extremist propaganda and the spread of violent extremist materialOnline or digital material that promotes, instructs or helps spread violent extremist ideas, even before a specific attack is planned..
    “The Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023 makes critical changes to the Commonwealth Criminal Code to support law enforcement in their efforts to manage and protect the community from those planning, preparing and inspiring others to do harm.”

    Australian Labor Party • Senator • 04 Dec 2023

    Read the full speech in Hansard ↗
  2. Shayne Neumann Neumann strongly supports the bill, saying it is needed to ban the display and trade of Nazi and Islamic State symbols, criminalise extremist online material, and give law enforcement earlier powers to disrupt radicalisation.
    “This bill before the chamber, the Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023, makes it clear that there is no place for those who seek to profit from these symbols.”

    Australian Labor Party • MP • 28 Nov 2023

    Read the full speech in Hansard ↗
  3. Carina Garland Garland supports the bill and says it is a necessary, proportionate response to violent extremism, hate symbols and online radicalisation.
    “This important piece of legislation represents a critical step towards safeguarding Australia's national security in the face of evolving threats from violent extremism and terrorism that unfortunately we are seeing in our communities. Its provisions, including the criminalisation of prohibited hate symbols, addressing online radicalisation, expanding the offence of advocating terrorism and removing sunsetting requirements for terrorist organisations are necessary, proportionate and aligned with international human rights obligations.”

    Australian Labor Party • MP • 28 Nov 2023

    Read the full speech in Hansard ↗
  4. Mark Dreyfus ★ Dreyfus strongly supports the bill and says the government must act to stop hate symbols, violent extremist materialOnline or digital material that promotes, instructs or helps spread violent extremist ideas, even before a specific attack is planned., and terrorism advocacy from being used to harm Australians.
    “I find it almost unthinkable that this legislation is even necessary. Thousands of Australians fought and died to defeat the evil that some within our community now seek to promote. But we do need to act and we do need to make it clear that we will not tolerate this kind of conduct.”

    Australian Labor Party • MP • 14 June 2023

    Read the full speech in Hansard ↗
  5. Anne Stanley Stanley supports the bill and says it is needed to prohibit hate symbols, punish Nazi salutes and strengthen offences against violent extremist materialOnline or digital material that promotes, instructs or helps spread violent extremist ideas, even before a specific attack is planned. and terrorist advocacy.
    “We need action, and this is what the bill delivers, and it does so in the clearest of ways. I commend the bill to the House.”

    Australian Labor Party • MP • 28 Nov 2023

    Read the full speech in Hansard ↗
  6. Michelle Ananda-Rajah Michelle Ananda-Rajah supports the bill and says it is needed to protect social cohesion by targeting Nazi and terrorist symbols, online extremist material, and related incitement.
    “Make no mistake: the Albanese government will do whatever it takes to defend our social cohesion by tackling antisemitic and terrorist symbols head-on. Once associated with genocide, these are again emerging on our streets and in our suburbs. If people don't know why these are so offensive and destabilising then they need to do their homework. Wilful ignorance is not an excuse. Get educated using the plethora of online tools. That same digital platform that spreads hate could—should—be a tool for enlightenment. The banning of these symbols will disrupt the marketplace of this extremist ideology. I commend this bill to the House.”

    Australian Labor Party • MP • 28 Nov 2023

    Read the full speech in Hansard ↗

Coalition

3 speakers · 3 support

  1. Bridget Archer ★ Archer supports the bill and says it is a positive and necessary step to curb hate symbols and strengthen counter-terrorism offences.
    “We must not be complacent, and this bill is a positive step to send a message to Australians that our parliament and our country will stand united against displays of ignorance and hate. This legislation also seeks to criminalise the use of a carriage service to deal with violent extremist material. It ensures that regulations that prescribe terrorist organisations do not lapse after three years but instead continue indefinitely unless revoked by the AFP minister, and it strengthens the advocating terrorism offence provisions.”

    Liberal Party • MP • 28 Nov 2023

    Read the full speech in Hansard ↗
  2. Paul Fletcher Fletcher says the coalition supports the bill's main bans on Nazi symbols because they are justified and long overdue, but argues the bill is incomplete because it omits the Nazi salute.
    “This is an approach which is simply cowardly. It represents a desire stated by government members to abrogate their leadership responsibilities, the responsibilities that fall naturally and appropriately to our national government, and instead to leave this matter to be dealt with by state governments. That is not an approach the coalition supports and is not an approach the coalition thinks is justifiable in any way. That is why the coalition will move amendments to improve this bill. The effect of those amendments will be to prohibit the public display of the Nazi salute in the same way this bill prohibits the public display of the Nazi swastika and the Nazi double sig rune. I hope the government will see sense and join us in this very important step in the fight against antisemitism.”

    Liberal Party • MP • 28 Nov 2023

    Read the full speech in Hansard ↗
  3. James Stevens James Stevens supports the bill and says Parliament should unite to ban Nazi hate symbols because they glorify genocide and have helped make Jewish Australians feel unsafe.
    “It is regrettable that we need this legislation, but it is important that we pass it. I think the parliament coming together—I hope, unanimously—to legislate the banning of these vile, hateful symbols will send a very powerful message to anyone that is partial towards them or the disgusting, appalling ideology that underpins them: that the Australian parliament is absolutely united against anyone that has any sympathy for the Nazi regime or the crimes that they committed and that we stand in great solidarity, particularly with Jewish Australians, who right now in particular are feeling very uncomfortable, even in their own country.”

    Liberal Party • MP • 28 Nov 2023

    Read the full speech in Hansard ↗

Minor parties and independents

1 speaker · 1 support

  1. Zoe Daniel ★ Zoe Daniel wholeheartedly supports the bill, saying banning Nazi salutes and hate symbols is needed to stop extremists from identifying and connecting, and to help protect social cohesion.
    “That said, I support this legislation wholeheartedly—not a moment too soon.”

    Independent • MP • 28 Nov 2023

    Read the full speech in Hansard ↗

Record

Full record

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