In the wake of the Bondi Terrorist Attack on 14 December 2025, Australia’s new ”Hate Laws” (Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026) (”The Act”) commenced on 22 January 2026.
The Act introduces a broad package of reforms across several Commonwealth laws aimed at strengthening Australia’s response to antisemitism, hate‑motivated conduct and extremist activity.
Amendments to the Migration Act and Regulations, and the Citizenship Act are part of this reform.
The changes to migration legislation constitute:
- expansion of key definitions
- broadening of the character test
- updating the meaning of “character concerns”
- clear outline of the ministerial powers to refuse or cancel visas where there is a risk a person may engage in hate related or extremist activity
- permanent exclusion provisions have been extended
While the practical effect of these changes is yet to be tested, it is expected that the restriction of access to Australia will be substantively extended to certain individuals who may not have been captured before the provisions detailed below were introduced.
Amendments to the Migration Act, the Migration Regulations and the Citizenship Act are detailed below
Amendments to Migration Act
Expansion of Definitions in s 5 of the Act
The amendments to the Migration Act expands the definitions in the Act by inserting the following definitions:
- association
- hate crime
- member
- prohibited hate group
- state sponsor of terrorism
- terrorist organisation
Most of these definitions refer to the meanings in the Commonwealth Criminal Code apart from association which for the purposes of the new subsections 5C(1A), 500A(1A) and 501(6A) of the Migration Act:
A person has an association with an organisation if the person meets or communicates with the organisation. (The association may consist of a single meeting or communication).
Broadening of the Character Test in s 501
The amendments apply to decisions to grant or refuse a visa if the visa application was lodged before commencement of the Act but not finally determined; or the visa application was lodged on or after commencement. In addition, applies to visa cancellation decisions made on or after commencement of the Act, regardless of whether the visa was granted before, on or after commencement.
New paragraph 501(6)(baa)
A person does not pass the character test if subsection 501(6A) applies (grounds relating to spreading hatred and extremism).
Amendment to paragraph 501(6)(d)
The word “would” is replaced with “might”, thus lowering the threshold for determining whether a person poses a risk of engaging in conduct listed in subparagraphs 501(6)(d)(i)–(v).
New subsection 501(6A)
Introduces additional grounds for failing the character test relating to spreading hatred and extremism, including where a person:
(a) is or has been a member of an organisation that was, at any time, a terrorist organisation, state sponsor of terrorism, or prohibited hate group
(b) is or was associated with an organisation, which was at any time of the association a terrorist organisation, a state sponsor of terrorism or a prohibited hate group, and that association provides or provided support to the organisation’s purpose
(c) has been or is involved in conduct constituting a hate crime, regardless of whether a conviction has been recorded
(d) has made one or more public statements in Australia or overseas or have endorsed a statement publicly online (reposted or shared a post online) disseminating ideas based on superiority over or hatred of other persons on the basis of their race, colour, national or ethnic origin. This ground will apply to a person whose conduct may, in the event they were allowed to enter or to remain in Australia, give rise to a risk of harm to the Australian community or a segment of that community.
(e) has encouraged other persons to make a statement publicly (whether in Australia or overseas and including an online statement) that involves the dissemination of ideas based on superiority over or hatred of other persons on the basis of race, colour, or national or ethnic origin. This ground will apply to a person whose conduct may, in the event they were allowed to enter or to remain in Australia, give rise to a risk of harm to the Australian community or a segment of that community.
New subsection 501(11A)
Clarifies that no limb of the character test limits or affects any other limb.
New subsection 501(11B)
Provides that the Minister is not required to determine whether a person’s membership or association with an organisation is ongoing or has ceased when applying paragraphs 501(6A)(a) or (b).
Updating the Meaning of Character Concern in s 5C
The amendments apply to any disclosure of information made on or after commencement of the Act, regardless of whether that information was collected before, on or after commencement.
New paragraph 5C(1)(bba)
A non‑citizen is of character concern if the Minister reasonably suspects that the spreading‑hatred and extremism grounds in new subsection 5C(1A) apply.
Amendment to paragraph 5C(1)(d)
Replaces would with might, consistent with the amendments to section 501.
New subsections 5C(1A), 5C(1B) and 5C(1C)
These provisions mirror the new grounds for the character test under subsections 501(6A), 501(11A) and 501(11B), ensuring consistency between the character test and the definition of character concern.
Amendments to clarify Ministerial Powers to refuse or cancel visas in s 500A where there is a risk a person may engage in hate related or extremist activity (Temporary Safe Haven Visas only)
The amendments apply to decisions to grant or refuse a visa if the visa application was lodged before commencement of the Act but not finally determined; or the visa application was lodged on or after commencement. In addition, applies to visa cancellation decisions made on or after commencement of the Act, regardless of whether the visa was granted before, on or after commencement.
New paragraph 500A(1)(aa)
Allows the Minister to refuse or cancel a temporary safe haven visa if any ground in subsection 500A(1A) applies. These grounds mirror those in section 501(6A).
New subsections 500A(1A), 500A(1B) and 500A(1C)
Establish grounds in relation to spreading hatred and extremism on which a temporary safe haven visa can be refused or cancelled. The grounds under subsection 500A(1A), s 500A (1B) and s 500A (1C) mirror the grounds for the character test under s 501(6A), s 501(11A) and s 501 (11B) respectively.
Amendment to paragraph 500A(1)(c)
Replaces “would” with “might” enabling the Minister to refuse or cancel a temporary safe haven visa if, in the Minister’s opinion if the person were to enter Australia there is a significant risk that the person might engage in any of the conduct described in subparagraphs 500A(1)(c)(i) to (v). This change enables earlier, risk-based consideration of visa refusal or cancellation.
Amendments to Migration Regulations
Extension of Permanent Exclusion Provisions in Migration Regulation 5001
The amendments apply to visa applications lodged on or after commencement of the Act or visa applications lodged before commencement of the Act that are not finally determined.
- The amendments extend the application of Special Return Criterion 5001 to any person refused a visa under sections 501, 501A, or 501B of the Migration Act, unless the refusal has been revoked or the Minister administering the Migration Act has subsequently personally granted a permanent visa to the person.
- This has the effect that a person refused a visa under any of the grounds under sections 501, 501A, or 501B is permanently excluded from being granted a visa.
Amendments to Citizenship Act
Amendments to Citizenship Act extending circumstances for non-approval of Citizenship Applications
Inserts a reference to new Part 5.3B of the Commonwealth Criminal Code (prohibited hate groups) by extending paragraph (cb) to the Citizenship Act’s definition of ‘national security offence’.
The effect of this amendment is that a conviction for offences under Part 5.3B of the Commonwealth Criminal Code are grounds for the Minister to not approve a person becoming an Australian citizen under section 17 of the Citizenship Act.
* Please note that the information provided herein is of a general nature only and is not individual legal advice. Contact Us to assess your circumstances.