SENATOR DEAN SMITH
SHADOW ASSISTANT MINISTER FOR FOREIGN AFFAIRS AND TRADE
SHADOW ASSISTANT MINISTER FOR ENERGY AND EMISSIONS REDUCTION
LIBERAL SENATOR FOR WESTERN AUSTRALIA
19 January 2026
UNANIMOUS COMMITTEE REPORT FLAGS KEY CONCERNS WITH COMBATING ANTISEMITISM, HATE AND EXTREMISM BILL
The bipartisan Senate Scrutiny of Bills Committee has tabled a unanimous report raising significant concerns over aspects of the Albanese Government’s Antisemitism, Hate and Extremism Bill 2026.
Chief among these is that parts of the proposed legislation risk infringing fundamental rights long protected under Australian law, including freedom of expression and freedom of association.
Since 1981, the Scrutiny of Bills Committee has assessed every bill introduced into the Senate against long-standing accountability and rights-based standards. The Committee comprises Coalition, Labor and Australian Greens senators and is chaired by Senator Dean Smith.
Its latest report — agreed by all members — identifies multiple areas of concern in addition to potentially trespassing on rights and liberties, including questions of procedural fairness, broad and discretionary Ministerial powers, the use of automated decision-making frameworks for security assessments, and the absence of an automatic sunset clause.
The Committee also drew attention to the speed at which the Bill is expected to be considered and debated by Parliament, given the scope and seriousness of its proposed measures.
The Committee has now formally sought further explanation from the relevant Minister on these issues and why the Government considers them necessary.
This includes a request for detailed advice from the Minister on whether provisions that criminalise speech and association are proportionate to the Bill’s stated objectives, and whether the breadth of conduct and ideas captured under the Bill is appropriately defined.
Clarification has been sought regarding the expansive definition of firearms and explosive materials contained in the Bill.
The Committee now awaits the Minister’s response.
In the meantime, the report contains a number of recommendations made by the Committee, including the establishment of a mechanism for ongoing monitoring of the Bill’s operation, including a statutory review and the application of a sunset clause pending the outcome of that review.
Comments attributable to Senator Dean Smith, Chair of the Senate Scrutiny of Bills Committee
“This is a unanimous report — Coalition, Labor and Greens senators are all united in their concern about the breadth of the powers proposed and the limited safeguards in the Bill.”
“The Committee is not questioning the importance of addressing Antisemitism, hate or extremism — but Parliament has a duty to ensure laws are precise, proportionate and consistent with fundamental rights.”
“Legislation of this magnitude should not be rushed. It requires careful scrutiny, clear definitions and strong accountability mechanisms.”
“Where laws affect freedom of speech and association, the threshold for justification must be very high — and that case has not yet been made.”
“The absence of a sunset clause and reliance on broad discretionary powers raise serious questions about long-term oversight.”
“Protecting Australians from harm must never come at the expense of undermining the rule of law.”
