Hate groups: Australia empowers Asio to act under new law

Published: 13 January 2026. The English Chronicle Desk. The English Chronicle Online.

Australia’s intelligence chief will be empowered to recommend organisations be proscribed as hate groups, under new legislation introduced by the Labor government. The focus of this reform is on extending protections against religious vilification, granting the Australian Security Intelligence Organisation (Asio) director general the authority to advise the home affairs minister on listing specific organisations as prohibited. This move is part of Labor’s broader plan to address hate speech, strengthen anti-vilification laws, and implement the largest gun buy-back program since 1996’s Port Arthur tragedy. The proposed framework allows for swift action against groups that pose threats to social cohesion.

The draft bill released on Tuesday outlines powers to formally designate hate groups, enforce criminal penalties for membership, recruitment, and support, and ensure intelligence-based safeguards guide these decisions. Prime Minister Anthony Albanese emphasised that the legislation introduces a lower threshold than existing terrorist organisation laws, targeting groups that promote hate without necessarily planning terrorist acts. Under the bill, anyone “intentionally” directing the activities of a listed hate group could face imprisonment for up to fifteen years, reflecting the government’s intent to deter organised hate campaigns.

According to the legislation, the director general of security will provide formal advice to the home affairs minister, who must then submit recommendations to the governor general. Legal oversight requires the attorney general’s written agreement and a briefing to the opposition leader, ensuring a multi-layered review process. The bill specifies that organisations can be listed if they have engaged in, prepared for, or advocated conduct that constitutes hate crimes based on race, national, or ethnic origin, and if designation is necessary to prevent social, economic, psychological, or physical harm. This approach is more expansive than the current terrorism framework, which requires evidence of planning or committing terrorist acts.

Under these provisions, membership in a proscribed hate group, recruitment, training, or providing financial or material support constitutes a criminal offence. Even indirect support or connection to such organisations can trigger legal consequences. Individuals found intentionally directing group activities face up to fifteen years in prison, while those acting recklessly regarding the organisation’s listed status could receive ten-year sentences. Membership alone, if intentional, carries a maximum seven-year jail term. The legislation also provides a defence for those who demonstrate they took all reasonable steps to leave the group promptly upon learning of its listing.

The bill introduces measures for recruiting others into prohibited groups, criminalising such actions with up to fifteen years’ imprisonment for intentional recruitment. Ministers will retain powers to delist organisations in consultation with the attorney general, ensuring that listings remain justified to prevent harm while avoiding unnecessary restrictions. The legislation will not apply retroactively, meaning past actions cannot trigger new penalties.

The neo-Nazi group National Socialist Network (NSN) publicly announced on Telegram that it intends to fully disband by 18 January, alongside affiliated projects like the White Australia Party. Home Affairs Minister Tony Burke explicitly named NSN and the Islamist group Hizb ut-Tahrir as early targets of the legislation. The Executive Council of Australian Jewry welcomed the draft bill, recognising it as a significant step forward, while cautioning that gaps remain. Co-CEO Peter Wertheim called for the inclusion of protections for LGBTQ+ and disability communities, and urged the criminalisation of reckless promotion of racial hatred. He also criticised religious exemptions, arguing they should not be used to justify dehumanisation or discrimination.

This legislation represents a major shift in Australia’s approach to regulating hate speech and protecting vulnerable communities. By equipping Asio with the ability to recommend proscribed listings, the government seeks to strike a balance between intelligence-led interventions and legal oversight, ensuring that threats to public safety are addressed without compromising civil liberties. Legal experts note that careful application will be critical to prevent misuse and guarantee the measures target genuine threats rather than dissenting political or social groups.

While supporters argue the bill will provide necessary tools to prevent the growth of extremist movements, opponents express concern over potential overreach and the risk of stifling legitimate activism. Parliament is expected to debate the draft extensively in the coming weeks, with the government emphasising that community consultation and transparency will guide final decisions. The bill’s implementation could reshape the landscape of Australian civil security and social governance, establishing a precedent for proactive interventions against hate groups.

The inclusion of penalties for recruitment, leadership, and support signals the government’s commitment to a comprehensive approach, combining prevention, accountability, and deterrence. By lowering the threshold for listing groups compared to terror organisations, the legislation allows authorities to act earlier against emerging threats. Observers note that this may significantly impact online platforms, where extremist hate groups often operate, requiring stronger monitoring and enforcement protocols. The National Socialist Network’s announced disbandment illustrates the immediate effect such laws may have on extremist groups, signalling the potential deterrent effect of intelligence-guided policy.

Public response to the proposed legislation has been largely supportive, particularly among communities directly affected by hate crimes. Religious, ethnic, and minority advocacy groups have emphasised the importance of timely enforcement and clear guidelines to protect rights while addressing threats from hate groups. Meanwhile, political debate continues around ensuring proportionality, safeguarding free expression, and defining the boundaries of criminal liability. Labor officials maintain that the legislation has been carefully designed to uphold accountability while mitigating risks to civil liberties, balancing the need for security with democratic principles.

Australia’s legislative reforms mark a significant evolution in addressing hate speech and extremist activity, underpinned by intelligence-led interventions. As the government prepares to introduce the bill formally, attention will focus on the practical enforcement of listings, judicial oversight, and community engagement to maintain public confidence in the system. The combination of criminal penalties, intelligence recommendations, and ministerial accountability seeks to ensure a robust framework capable of responding swiftly to hate-driven threats.

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