Terrorism offences and displaying hate symbols would attract new minimum jail terms under a coalition government, but legal experts are not convinced it would work.
Opposition Leader Peter Dutton announced his plan for tougher laws to combat anti-Semitism at Bondi Central Synagogue on Monday, as Prime Minister Anthony Albanese asked Australian activists for calm during a six-week ceasefire in Gaza.
Terrorism offences would attract a minimum of six years in jail under the coalition’s proposed laws, while those displaying terrorist organisation signs, Nazi symbols or performing a Nazi salute would face at least a year behind bars.
But there was no evidence mandatory sentences deterred offenders, Australian Lawyers Alliance spokesman Greg Barns said.
“Furthermore, mandatory jail terms lead to injustice,” Mr Barns said.
“They force courts to impose sentences where the circumstances do not warrant it because of the nature of offending, or the background of the offender.”
The Law Council of Australia also does not support mandatory sentencing.
“They interfere with judicial independence, which is an essential component of the rule of law,” a council spokeswoman said.
Melbourne University Criminology lecturer Liam Gillespie said laws governing extremist symbols and gestures sometimes had unintended consequences.
“All of sudden (extreme groups) are on the front page of the newspaper,” Dr Gillespie told AAP.
“It massively plays into the narrative that they are being persecuted by the state, which can ironically increase their membership of the group.”
The opposition announcement came after cars were torched and graffitied with anti-Semitic phrases in Sydney and red swastikas were spray-painted on synagogues in recent weeks.
In December, the Adass Israel Synagogue in Melbourne’s south was firebombed in an attack condemned by Mr Albanese and other leaders.
“The prime minister is playing politics with this issue because he sees political advantage in some Green seats by abrogating his priority to Jewish Australians,” Mr Dutton said.
The opposition leader said he would convene a national cabinet to combat anti-Semitism and extremism if elected.
He pledged to amend draft laws before parliament to make it a hate crime to urge or threaten violence towards a place of worship to make it punishable by five years’ imprisonment or seven years in the case of an aggravated offence.
About 100,000 Jewish people live in Australia, with large congregations in Melbourne and Sydney’s eastern suburbs.
Zionist Federation of Australia chief executive Alon Cassuto said there was a need for extra protection around Jewish neighbourhoods and places of worship.
“It’s time for governments at every level to take responsibility and make combating anti-Semitism a national priority,” he said.
Mr Albanese rejected any assertions the government’s action on anti-Semitism had been inadequate.
Asked about legislative reform, Mr Albanese said you can “never legislate the behaviour of 27 million Australians”.
“These instances of hate that we have seen aimed at the Jewish community are crimes, and they should be prosecuted to the full force of the law,” he told ABC Radio in Sydney.
His government established Special Operation Avalite to respond to incidents of anti-Semitism in late 2024, months after appointing Jillian Segal as envoy for anti-Semitism and Islamophobia envoy Aftab Malik.
NSW Premier Chris Minns said hate speech laws are expected to be strengthened when the state’s parliament reconvenes in February.
Islamophobia Register Australia executive director Nora Amath said vandalism was a “dangerous and growing trend of anti-Muslim sentiment”.
Latest stories from our writers
