Antisemitism laws to push constitutional limit, says Burke

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The government will push hate speech laws to their constitutional limit under newly announced antisemitism reforms, but Home Affairs Minister Tony Burke has said he is unable to determine whether specific phrases like “globalise the intifada” will fall under the new legislation.

His clarification comes after the Coalition offered in principle support to passing stronger hate speech laws, but reiterated their demand for parliament to be recalled next week to see the bills tabled.

On Thursday, Prime Minister Anthony Albanese announced a raft of hate speech laws set to tackle antisemitism, which included plans to introduce an “aggravated hate-speech offence” for preachers and leaders who promote violence, and a federal offence for serious vilification based on race or advocating racial supremacy. The departments of Home Affairs and the Attorney-General are set to work through Christmas and the New Year on the legislation.

The announcement of the laws comes as police in the United Kingdom this week made arrests over chants of “globalise the intifada” — a pro-Palestinian chant that is seen as either a call of resistance or an antisemitic slur — with Burke describing the phrase as “horrific”.

“People have seen comments that are completely dehumanising to other Australians. Completely dehumanising. And people have said: ‘how on earth is that allowed?’” Burke said on ABC Radio National on Friday morning.

“Because they haven’t reached the link to a call for physical violence, they’ve stayed just below the [legislated hate speech] threshold.”

Burke said the new laws would push the limits of what would be allowed under the Constitution. He would not be drawn, however, on ruling in or out certain phrases such as “globalise the intifada”.

“We will lower the threshold, but what I can’t do is play the game of this sentence will be in, this sentence will be out, these words will be in, these words will be out,” Burke said.

“We will be lowering the threshold to the extent that, constitutionally, we are able to, and it will be the strongest step forward in making each [hate] speech illegal in Australia.”

Opposition immigration spokesperson Paul Scarr offered in principle support for the government’s changes, saying they were “moving in the right direction”.

“It does come down to the drafting of the offences. It comes down to the consequences of the offences. And it comes down to how those offences fit within a whole range and raft of reforms,” Scarr told ABC Radio National on Friday.

Alongside Opposition Leader Sussan Ley, Scarr said Albanese must recall parliament to pass legislation before Christmas, a call that has butted against the prime minister’s claims that the drafting of legislation would be a complex and time-consuming process.

It is understood that federal parliament could resume in January, once the new legislation is drafted. Parliament is scheduled to return on February 3.

Among a number of proposed crackdowns, Ley is pushing for the government to enshrine the special envoy to combat antisemitism in law as a statutory office, as well as fully implementing the plan produced by envoy Jillian Segal.

“We know what needs to be done, and it needs to be implemented, particularly on university campuses, where so many Jewish students have told me of their personal experiences of being hated on, of being terrorised,” Ley told journalists in Bondi on Friday.

Burke did not provide new details on the government’s intended reforms to gun laws as NSW Parliament prepares to return next week to debate new reforms. However, he rebuffed criticisms of the move saying Labor can focus on both the “motivation and method” of Sunday’s attack.

The government, in conjunction with state and territory governments, is seeking to tighten gun laws so that only Australian citizens can hold a gun licence, and establish new limits on the number and types of guns that can be held.

The action was criticised by former prime minister John Howard, former treasurer Josh Frydenberg and members of the federal opposition for using gun reforms as a “diversion” from dealing with antisemitism.

Responding to criticisms that the government had done “too little, too late” on antisemitism, Burke said: “There will never be an end point on acting on antisemitism … we’d already taken serious action on hate speech, on hate crimes, on hate symbols.”

“The fight against antisemitism is an ancient fight that will never end, and there will never be a point, never be a point where any government of the day will have the right to say they have done enough on antisemitism,” he said.

More coverage on the Bondi terrorist attack

• Five days after: What we know about the Bondi terrorist attack
• The victims: ‘Too big for this world’: The father who died a hero at Bondi and ‘went down fighting’ gunman
• Analysis: Police were young and outgunned: Where was the back-up at Bondi?
• Guns in Sydney: The Sydney suburbs with the most guns, as overall numbers rise

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