5A Submission to the Senate and Constitutional Affairs Legislation Committee Enquiry into the Criminal Code Amendment (Hate Crimes) Bill 2024

The Australian Academic Alliance Against Antisemitism (5A) is pleased to have the opportunity to make this submission to the 2024 Senate Inquiry into the Bill for an amendment to the hate crimes provisions of the Commonwealth Criminal Code.

This submission argues for a new federal crime of incitement to racial hatred, in addition to the currently proposed amendments. Part 1 of this submission provides background to our organization and seeks to share our knowledge of antisemitic hate crime on campus. Part 2 argues that our proposed changes are consistent with norms on freedom of speech and academic freedom. Part 3 outlines the approach and scope of this submission, including distinctions between hatred, incitement to hatred, incitement to violence, and expressions of academic freedom. Part 4 sets out the 5A proposal for incitement to racial hatred as a new provision in the Criminal Code. Part 5 comments on amendments currently proposed in the Bill, suggesting points of clarification. Part 6 suggests additional amendments to hate crimes provisions in the Criminal Code, particularly the removal of good faith defences and the expansion of the prohibition on terrorist act advocacy to include prohibition of glorification of terrorism. Part 7 summarizes this submission’s conclusions.

5A is keen to see improvements in Australian hate crimes legislation that will clarify its application. However, there is no need to improve laws that are never implemented. Excellent legislation can often be found in dark illiberal places, where it is ignored. In Australia, the recent rapid breakdown of social cohesion has been facilitated by a concerning decline in the rule of law concerning hate crimes. Rigorous, consistent and predictable enforcement of the law is necessary to ensure that law can help to prevent hateful behavior. The neglect of enforcement against recent hate crimes is a cause for anxiety not only among members of 5A but also all members of the Australian community reliant upon the rule of law and social cohesion.