Australian Governments Propose Wide-Ranging Legislative Reforms Following Recent Attacks

Australian state and federal governments have proposed and debated extensive legislative changes, including reforms to gun control, protest regulations, and hate speech laws. These proposals largely respond to a recent incident in Bondi, New South Wales, and other alleged threats.

The proposed measures encompass national gun buyback schemes, stricter firearm ownership limits, expanded police powers during demonstrations, and specific bans on certain phrases at protests. These initiatives have drawn varied reactions from political leaders, civil liberties groups, gun ownership advocates, and community organizations.

Background: Recent Attacks and Related Incidents

The legislative push follows a recent incident in Bondi, New South Wales, reported to have resulted in 15 fatalities. Law enforcement authorities attributed the motivation for the attack to "Islamic State ideology" and designated it a terrorist incident.

Police identified two individuals, a father-son duo. The son, Naveed Akram, 24, was charged with 59 offenses, including 15 counts of murder and one act of terrorism, while his father, Sajid, was killed during the incident. Significantly, Sajid Akram reportedly possessed six registered firearms.

In a separate but related development, seven men were arrested in Liverpool, Sydney, and subsequently released. These individuals, known to police in Victoria and identified with extremist ideology, were apprehended after a knife was located, though no firearms were found. New South Wales Police Commissioner Mal Lanyon stated there was no confirmed connection between these individuals and the alleged perpetrators of the Bondi attack, but Bondi Beach was among several locations the group reportedly intended to visit.

Western Australia's proposed legislative changes were also framed in response to "multiple threats across Australia," including the Bondi incident and an alleged attempted terror attack at a Perth Invasion Day protest on January 26, involving a homemade bomb.

National Gun Control Reforms

Following the Bondi incident, the national cabinet, comprising federal government representatives and state and territory leaders, convened and agreed to reinforce gun control regulations. Prime Minister Anthony Albanese noted that Australia currently possesses over 4 million firearms, exceeding the number present during the 1996 Port Arthur massacre.

Key measures endorsed by the national cabinet include:

• Gun Buyback Scheme: A new program to acquire surplus, recently prohibited, and illegal firearms, marking the largest such initiative since the 1996 Port Arthur massacre. Funding will be shared equally between the federal government and the states and territories, with officials estimating hundreds of thousands of firearms are expected to be collected and destroyed.
• Firearm Ownership Limits: Imposing limits on the total number of firearms an individual may possess.
• Licensing Restrictions: Restricting open-ended firearms licensing and defining and restricting the types of firearms permissible by law.
• Citizenship Requirement: Making Australian citizenship a mandatory condition for holding a firearm license.
• Data Access: Expediting work on a national firearms register and granting firearms regulators enhanced access to criminal intelligence.

New South Wales Legislative Reforms

The New South Wales (NSW) Parliament convened to debate new legislation covering gun control, protest regulations, and a ban on specific phrases. NSW Premier Chris Minns stated that these changes are considered necessary for community safety.

Proposed changes to firearm laws in NSW include:

• Ownership Caps: General firearm license holders would be limited to owning four firearms, with exceptions for farmers and sport shooters, who could possess up to ten. This aligns with similar gun ownership caps enacted in Western Australia earlier this year, while no such limits currently existed in other Australian states.
• License Renewal: Gun license renewals would transition from every five years to every two years.
• Firearm Type Review: A review of firearm types available to most gun owners is also planned.

The proposed protest laws introduce several changes:

• Restrictions at Places of Worship: Police would gain powers to restrict demonstrations at places of worship and impose stronger penalties for breaches.
• Face Coverings: Authority would be granted to police to remove face coverings from protesters suspected of committing any offense, including low-level infractions. Previously, this power was limited to arrests or suspicions of indictable offenses.
• Terrorism-Related Bans: Police may be enabled to ban protests for up to three months following a declared terrorist attack.
• Hate Speech and Symbols: The government aims to address hate speech and symbols more broadly.
• CBD Protest Restrictions: Premier Minns indicated plans for new laws aimed at restricting regular protests in Sydney's central business district (CBD) and at sites such as the Sydney Harbour Bridge and the Opera House, citing concerns about frequent disruptions. The government is exploring revisions to the "Form 1" system, which allows protest organizers protection from prosecution, and land use policies to designate specific protest sites like The Domain. Options include granting police discretion to decline Form 1 applications after a certain number.

A recent poll indicated that 62% of respondents nationally and in NSW supported increased police powers to manage protests.

The legislation includes a ban on the phrase "globalise the intifada." NSW Premier Chris Minns stated that the use of this phrase at protests in Australia signifies "a call to a global intifada" in Sydney.

Premier Minns believes the phrase fosters "heightened disunity" and serves as "an invitation to violence."

A state parliamentary inquiry has been tasked with reviewing hate speech, specifically considering this phrase. The term "intifada" originated during the 1987 Palestinian uprising against Israeli occupation of the West Bank and Gaza Strip. It holds differing interpretations; some describe it as a call for violence against Jewish people, while others define it as a call for peaceful resistance to Israel's actions and occupation. Premier Minns noted that Australia does not possess freedom of speech laws akin to those in the United States, which could impact the implementation of proposed measures.

Western Australia Legislative Reforms

Western Australian Premier Roger Cook announced plans for new legislation regarding hate speech and protests, stating the aim is to protect "social cohesion." The Public Order Legislation Amendment Bill is scheduled for introduction into the state's parliament.

Key aspects of the bill include:

• Protest Permit Authority: Police would gain the authority to deny protest permits if an event is deemed likely to "promote hate based on factors such as religion, race, disability, gender, sexuality or ethnicity."
• Expanded Symbol Bans: The state's existing ban on displaying Nazi symbols would expand to include symbols of all groups outlawed under Commonwealth legislation, such as flags from terrorist organizations. This ban would also apply to juveniles.
• Face Coverings: A ban on face coverings worn in public "to intimidate or cause apprehension in others" is proposed. Exemptions would apply for health, occupational safety, religious, cultural, or artistic reasons.

Premier Cook clarified that the new laws are not intended to stop peaceful protests but to target behavior that escalates into violence, harassment, or intimidation.

Stakeholder Reactions and Perspectives

The proposed legislative changes have elicited a range of reactions from various groups.

• Government Justification: Premier Minns stated the changes are necessary for community safety, despite acknowledging some may perceive them as "gone too far."
• Victims' Advocate: Walter Mikac, whose family members were killed in Australia's 1996 Port Arthur mass shooting, expressed support for the reforms, stating they would "close critical gaps in our gun laws" and prioritize community safety.
• NSW Jewish Board of Deputies: President David Ossip welcomed the ban on "intifada" chants as a "watershed moment" in addressing hate and incitement. He also supported the increased police powers during protests.

Ossip stated that while the right to protest is a core Australian value, it does not include the right to hide one's face or advocate for violence.

The board, alongside the Executive Council of Australian Jewry and the office of the special envoy to combat antisemitism, has advocated for a new offense for "hateful slogans," including "globalise the intifada" and "from the river to the sea."

• Civil Liberties Groups: Timothy Roberts, President of the NSW Council for Civil Liberties, stated the new protest laws are "an affront to our right to assemble and communicate" and "damage our democracy." He referenced a recent state Supreme Court decision that found existing "move-on powers" at religious locations conflicted with Australia's implied constitutional freedom of political communication, arguing that religious institutions' political influence makes them legitimate sites for protest.
• Pro-Gun Groups: Mark Banasiak, representing the Shooters, Fishers and Farmers party, stated that the state's 260,000 gun license holders are being "punished" and "made a scapegoat for agency failings," asserting that the focus is being diverted from what he termed "the real problem" of a "climate of hate and division."
• Palestine Action Group: Spokesperson Josh Lees described the new laws as "incredibly draconian," suggesting that the Bondi incident is "changing the dynamics" of democracy and freedom of speech in Australia. Constitutional law experts and groups such as Palestine Action, the Jewish Council of Australia, and the Australian National Imams Council have raised potential constitutional issues with banning specific political chants, disputing that phrases like "globalise the intifada" are inherently hateful or antisemitic and arguing that such bans would curtail constitutional freedoms.
• Greens MP (WA): Sophie McNeill expressed "deep concern" that the proposed WA legislation could grant police unchecked power to determine protest rights, highlighting a lack of independent oversight.