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Crimes Amendment (Repeal Mandatory Minimum Sentences)

Current status

This bill is currently before Parliament.

Policy area

Law, justice & rights

What does this bill do?

The bill would repeal mandatory minimum sentenceA sentence set by law that a court must impose at least at the minimum level, even if the judge thinks a lower sentence would fit the individual case. provisions that were added by the Criminal Code Amendment (Hate Crimes) Act 2025The earlier Act that the explanatory memorandum says created the mandatory minimum sentence provisions this bill would repeal..

Why was it introduced?

The bill was introduced because Senator Mehreen Faruqi and the explanatory memorandum argue that mandatory minimum sentences remove too much discretion from judges, can lead to unfair outcomes and disproportionately affect First Nations people and other marginalised groups. It responds specifically to mandatory minimum sentenceA sentence set by law that a court must impose at least at the minimum level, even if the judge thinks a lower sentence would fit the individual case. provisions passed in the Criminal Code Amendment (Hate Crimes) Act 2025The earlier Act that the explanatory memorandum says created the mandatory minimum sentence provisions this bill would repeal., while leaving the rest of that hate-crimes law in place.

Broader context

The bill sits in a long-running debate about mandatory sentencing and judicial discretionA judge's ability to decide an outcome after weighing the facts, law and circumstances of a case.. Faruqi framed it as a targeted rollback of mandatory minimums added to the 2025 hate-crimes package, after public pressure over antisemitism and wider criticism from legal and human rights groups about mandatory sentencing.

Key criticism

The collected record does not show a substantive criticism of this repeal bill itself. It contains Faruqi's supportive second readingThe parliamentary stage where a bill's main purpose and principles are debated. speech, the explanatory memorandum, no scrutiny entries, no proposed amendments, no recorded amendment outcomes and no divisions.

Who supported it?

Senator Mehreen Faruqi introduced this bill. Supportive speeches so far have come from Greens.

Introduced in Senate 26 Mar 2025
Before Senate 23 July 2025
Not yet reached House —
Not yet law —

Did it become law?

Not yet

Final passage

No final vote yet

The bill has not yet completed passage through Parliament.

Days since introduction

441 days

Updated 10 June 2026.

Official record

View on APH

Parliament of Australia bill page

Meaning

What does this bill do?

  1. The bill would repeal mandatory minimum sentenceA sentence set by law that a court must impose at least at the minimum level, even if the judge thinks a lower sentence would fit the individual case. provisions that were added by the Criminal Code Amendment (Hate Crimes) Act 2025The earlier Act that the explanatory memorandum says created the mandatory minimum sentence provisions this bill would repeal..

  2. It does this by removing several entries from section 16AAA of the Crimes Act 1914A Commonwealth criminal law that includes general sentencing provisions for federal offences., including entries for Criminal CodeThe Commonwealth Criminal Code, which sets out federal offences, including the offence provisions referred to in this bill. Divisions 101, 102 and 103 and other specified Criminal CodeThe Commonwealth Criminal Code, which sets out federal offences, including the offence provisions referred to in this bill. provisions.

  3. It would also restore two related sentencing provisions to their wording before the Hate Crimes ActThe earlier Act that the explanatory memorandum says created the mandatory minimum sentence provisions this bill would repeal. changed them, covering sentence reductions where a person cooperates with law enforcement.

  4. The repeal would apply only to convictions after commencement where the relevant conduct happened wholly after commencement, so it is not framed as a retrospective change.

  5. If passed, the bill would start on the day after Royal AssentThe final formal approval a bill needs before it can become an Act.. At collection time it was still before the Senate and had not become an Act.

Show source excerpts
  1. This Bill repeals the mandatory minimum sentence provisions that were passed in the Criminal Code Amendment (Hate Crimes) Act 2025.
    Crimes Amendment (Repeal Mandatory Minimum Sentences) explanatory memorandum
  2. These items repeal the items of the table in section 16AAA that provide for mandatory minimum sentences for offences under the following provisions of the Criminal Code: subsections 80.2H(1) and 80.2HA(1), Division 101, Division 102, Division 103, and subsections 80.2BE(1) and (2).
    Crimes Amendment (Repeal Mandatory Minimum Sentences) explanatory memorandum
  3. These items amend these paragraphs to revert the drafting of these paragraphs back to the drafting that existed before the passage of the Criminal Code Amendment (Hate Crimes) Act 2025.
    Crimes Amendment (Repeal Mandatory Minimum Sentences) explanatory memorandum
  4. Item 6 states that the amendments made by the Bill apply in relation to a conviction that occurs on or after the commencement of this item if the conduct constituting the offence occurs wholly on or after that commencement.
    Crimes Amendment (Repeal Mandatory Minimum Sentences) explanatory memorandum
  5. This Bill will commence on the day after the Bill receives the Royal Assent.
    Crimes Amendment (Repeal Mandatory Minimum Sentences) explanatory memorandum

Context

Broader context for this bill

The bill sits in a long-running debate about mandatory sentencing and judicial discretionA judge's ability to decide an outcome after weighing the facts, law and circumstances of a case.. Faruqi framed it as a targeted rollback of mandatory minimums added to the 2025 hate-crimes package, after public pressure over antisemitism and wider criticism from legal and human rights groups about mandatory sentencing.

  1. 04 Apr 2016

    Barristers call to scrap mandatory sentencing

    A collected Australian Financial Review source records barristers calling to scrap mandatory sentencing, reflecting a longer legal debate about fixed minimum penalties.

    Australian Financial Review ↗
  2. 05 Feb 2025

    Hate-laws compromise draws public attention

    A collected Australian Financial Review source described Anthony Albanese agreeing to Peter Dutton's position on anti-Jewish hate laws, the political setting Faruqi later criticised in her speech.

    Australian Financial Review ↗
  3. 2025

    Hate Crimes ActThe earlier Act that the explanatory memorandum says created the mandatory minimum sentence provisions this bill would repeal. adds mandatory minimums

    The explanatory memorandum says the Criminal Code Amendment (Hate Crimes) Act 2025The earlier Act that the explanatory memorandum says created the mandatory minimum sentence provisions this bill would repeal. created mandatory minimum sentenceA sentence set by law that a court must impose at least at the minimum level, even if the judge thinks a lower sentence would fit the individual case. provisions that this bill would repeal.

    Explanatory memorandum ↗
  4. 26 Mar 2025

    Repeal bill introduced in Senate

    Senator Mehreen Faruqi introduced the bill and moved the second readingThe parliamentary stage where a bill's main purpose and principles are debated., saying the Greens wanted to remove mandatory minimum sentencing without repealing the wider Hate Crimes ActThe earlier Act that the explanatory memorandum says created the mandatory minimum sentence provisions this bill would repeal..

    Parliament of Australia ↗
  5. 23 July 2025

    Bill restored after parliamentary reset

    After lapsing at the end of Parliament on 21 July 2025, the bill was restored to the Senate Notice PaperParliament's official list of business that may be considered by a chamber. two days later.

    Parliament of Australia ↗

Legislative route

How did it move through Parliament?

House Senate
Introduced 26 Mar 2025

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 readingThe parliamentary stage where a bill's main purpose and principles are debated. opened 26 Mar 2025

A minister or sponsoring member moved the second readingThe parliamentary stage where a bill's main purpose and principles are debated., opening the main debate on the bill's purpose and principles.

Second readingThe parliamentary stage where a bill's main purpose and principles are debated. moved

Lapsed at end of Parliament 21 July 2025

The bill reached this recorded parliamentary step.

Restored to Notice PaperParliament's official list of business that may be considered by a chamber. 23 July 2025

The bill reached this recorded parliamentary step.

Key criticism

The main case against this bill

The collected record does not show a substantive criticism of this repeal bill itself. It contains Faruqi's supportive second readingThe parliamentary stage where a bill's main purpose and principles are debated. speech, the explanatory memorandum, no scrutiny entries, no proposed amendments, no recorded amendment outcomes and no divisions.

This is a statement about the collected bill corpus, not a measure of all public opinion about mandatory sentencing or hate-crimes law.

Further sources

aph.gov.au ↗ parlinfo.aph.gov.au ↗

Votes

Recorded votes

No recorded votes have been found yet for this bill.

Parliamentary debate

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Mehreen Faruqi

Australian Greens • Senator 26 Mar 2025

Mehreen Faruqi supports the bill as the sponsor.

Read in Hansard ↗

All speeches by bloc

Greens

1 speaker · 1 support

  1. Mehreen Faruqi ★ Mehreen Faruqi supports the bill as the sponsor.
    “We are not seeking to repeal the Hate Crimes bill, just the dirty deal that brought in mandatory minimum sentencing. The dangers of mandatory sentencing are well known.”

    Australian Greens • Senator • 26 Mar 2025

    Read the full speech in Hansard ↗

Record

Full record

Full chat