Following the December 14 attack in Bondi, the Australian federal government has established a national Royal Commission into antisemitism and social cohesion, alongside enacting significant legislative reforms. Parliament was recalled to pass new federal gun control measures, including a national buyback scheme and stricter licensing requirements, and anti-hate legislation targeting hate groups and incitement to violence. These federal initiatives have been met with varied responses and complementary legislative actions from state and territory governments regarding gun control and hate speech.
National Royal Commission Established
Following the Bondi attack, which tragically resulted in 15 fatalities, Prime Minister Anthony Albanese initially focused on reviewing Australia's intelligence and law enforcement agencies and engaging with Jewish community leaders. He had initially cautioned that a royal commission could generate division and potentially delay urgent actions, but later kept the possibility of a national inquiry open.
Calls for a national inquiry or Royal Commission into antisemitism and the Bondi attack intensified from various groups, including victims' families, former Labor Members of Parliament, and the Law Council of Australia. Opposition Leader Sussan Ley consistently advocated for a Commonwealth Royal Commission.
Announcement and Appointment
Prime Minister Albanese subsequently announced the establishment of a national Royal Commission focused on antisemitism and social cohesion. Former High Court judge Virginia Bell was appointed as the sole commissioner.
Albanese stated the process involved ensuring "the right commissioner, the right terms of reference, in the right time frame" to foster "national unity" and "social cohesion" against antisemitism.
Opposition and Support
Opposition Leader Sussan Ley criticized the government's handling of the inquiry, describing the decision to appoint a sole commissioner as "inadequate" and the process as marked by "delay, weakness and resistance." Ley declined to support the inquiry's terms of reference, stating the Coalition's proposed model was not selected, and requested that Labor ministers be subject to cross-examination. Jillian Segal, Australia's antisemitism envoy, supported the appointment of Commissioner Bell and called for unity.
Federal Legislative Reforms and Parliamentary Recall
The Australian federal parliament was recalled early, before Australia Day, from its original February 3 schedule, to consider proposed legislation. The legislative agenda focused on new hate speech laws and a national gun buyback program.
Federal Hate Speech Legislation
Initial legislative proposals for hate speech laws were comprehensive:
- A federal offense for publicly promoting or inciting racial hatred that causes intimidation, harassment, or fear of violence.
- A system to list organizations whose leaders engage in hate speech promoting violence or racial hatred.
- An aggravated offense for adults who radicalize children, noting that nearly half of individuals facing terrorism charges were minors.
- Specific defense provisions for quoting religious texts for teaching or discussion purposes.
- Expanded prohibitions on certain symbols and increased ministerial powers to cancel visas.
The proposed legislation faced criticism regarding its scope and potential impact on democratic principles and free speech from civil liberties groups, some legal experts, and opposition parties. Concerns included the possibility of excessive laws and the suppression of legitimate protest and debate.
The government subsequently withdrew the proposed new offenses for inciting racial hatred, citing a lack of support in the Senate. The original omnibus bill was then split into two separate legislative packages. The amended anti-hate bill, which passed both the House of Representatives and the Senate, includes provisions for:
- Strengthening penalties for threatening violence against protected groups.
- Proscribing hate groups.
- Granting the Home Affairs Minister increased powers to cancel or refuse visas.
The Liberal party supported the modified anti-hate bill after revisions, while the National Party abstained, and the Greens voted against it due to concerns regarding political debate and protest. The legislation mandates a review every two years by a parliamentary joint committee, with consultation with the opposition on the listing and delisting of extremist organizations.
Federal Gun Control Measures
The federal government introduced legislation for national gun control measures, which subsequently passed both chambers of parliament. Key provisions include:
- National Gun Buyback Scheme: A scheme to fund a national firearm buyback program, with costs equally shared with states and territories. The scheme targets "surplus and newly restricted firearms" to reduce the approximately four million registered guns in the country.
- Stricter Import Controls: New controls on assisted-repeating and straight-pull firearms, belt feeders, magazines exceeding 30 rounds, firearm suppressors, and speed loaders.
- Citizenship Requirements: More stringent Australian citizenship requirements for firearm importers.
- Expanded Background Checks: Integration of civilian gun licensing into the AusCheck system for federal firearms background checks.
- Intelligence Sharing: Authorization for intelligence agencies, such as ASIO and the Australian Criminal Intelligence Commission (ACIC), to provide information for assessing a gun license applicant's public safety risk, including the use of spent, quashed, or historical convictions.
Home Affairs Minister Tony Burke stated that had such legislation been in place prior to the Bondi attack, individuals involved would not have legally accessed firearms.
The passage of these reforms marks the most significant changes to Australia's gun laws since the 1996 Port Arthur attack.
State and Territory Responses to Gun Laws
States and territories have exhibited varied responses to the federal gun control initiatives and have also undertaken their own legislative reviews.
Queensland
The Queensland government declined to participate in the proposed federal national gun buyback scheme, aligning its position with the Northern Territory and Tasmania. Premier David Crisafulli stated that a buyback "doesn't address antisemitism and hate" and does not focus on keeping guns out of the hands of terrorists and criminals.
Queensland introduced its own gun law reforms, including:
- Mandating Australian citizenship for new gun license applicants, with exemptions for sporting shooters and primary producers. This will not retroactively revoke existing licenses.
- Increased penalties for firearm offenses, such as stealing guns (maximum 14 years imprisonment) and trafficking unlawful weapons (potentially life sentence).
- New offenses for possessing blueprints for 3D-printed firearms and for drive-by shootings, particularly near places of worship.
- Enhanced storage requirements for licensed gun owners, mandating steel safes.
- Expanded criteria for assessing weapons license applications, allowing police to consider an applicant's history of violence or weapons-related offenses.
- The state will not implement limits on the number or type of firearms an individual can own and rejected a recommendation for mandatory mental health assessments for license applicants.
Queensland also introduced hate speech legislation that initially drew criticism for its broad scope, which would have allowed the Attorney-General to ban expressions inciting violence or offense. The revised bill specifically bans the phrases "from the river to the sea" and "globalise the intifada," with any further additions requiring new legislation and parliamentary approval.
Tasmania
Tasmania implemented new firearm laws that include a buyback scheme for certain reclassified firearms, citizenship requirements for purchasing guns (with exceptions), reclassification of high-powered firearms to a more restrictive license category, and stronger penalties for gun theft.
The state will offer 1.5 times the value for reclassified firearms and a voluntary buyback for other legal firearms at market value. Tasmania will not impose a cap on the number of firearms an individual can own, with the Police Minister stating that caps would "unduly punish responsible firearm owners."
Australian Capital Territory (ACT)
The ACT government is reviewing its firearms legislation and anti-vilification laws. Potential firearms reforms include capping the number of firearms an individual can own, reviewing firearm categorization, and updating licensing requirements for advancements like 3D-printed firearms.
Regarding anti-vilification laws, the ACT is considering introducing criminal penalties for hate speech in extreme instances, a departure from current laws that generally do not involve criminal penalties.
Western Australia
Western Australia's state government, which previously implemented stringent gun laws, called for national unity on firearms reform. The state has removed 83,764 firearms from circulation over the past two years through six buyback programs, representing a 24 percent reduction in its total firearm count. Western Australia has not committed to an even split of costs for a future Commonwealth buyback.
National Firearms Register
In 2023, the national cabinet agreed to develop a national firearms register by 2028. The ACT's paper-based system is slated for replacement by July 2028 as part of this broader national effort.