Australia’s Patchwork Response: Gun Control and Hate Speech Reforms After the Bondi Beach Attack
In the wake of the December 14, 2024, terror attack at Bondi Beach that resulted in 15 fatalities, Australian federal, state, and territory governments have introduced a series of legislative reforms addressing gun control and hate speech. The responses have varied significantly across jurisdictions, with some states rejecting key federal proposals.
Federal Legislative Response
The Australian federal parliament was recalled early to debate and pass new legislation. The government initially proposed an omnibus bill combining hate speech and gun control measures but later separated the two components after facing opposition from the Coalition and the Greens.
Gun Control Measures Passed
- A national gun buyback scheme targeting "surplus and newly restricted firearms" with the aim of reducing the approximately 4 million registered firearms in Australia.
- Stricter import controls on assisted-repeating and straight-pull firearms, belt feeders, magazines over 30 rounds, firearm suppressors, and speed loaders.
- Expanded federal firearms background checks integrating civilian gun licensing into the AusCheck system.
- Authorization for intelligence agencies (ASIO and the Australian Criminal Intelligence Commission) to provide information for assessing a gun license applicant's public safety risk.
The House of Representatives passed the bill 96-45; it subsequently passed the Senate.
Anti-Hate Legislation Passed
- A new federal offence prohibiting the promotion or incitement of racial hatred that would cause a reasonable person to feel intimidated, harassed, or fear violence.
- A specific defence for speech, writing, or public gestures that solely quote religious texts for teaching or discussion purposes.
- A prohibited hate-group listing regime with penalties of up to seven years imprisonment for membership and up to 15 years for leadership roles.
- Increased powers for the Home Affairs Minister to cancel or refuse visas.
- The legislation will undergo review every two years by a parliamentary joint committee. Opposition will be consulted regarding the listing and delisting of extremist organizations.
Racial Vilification Provisions Withdrawn
The federal government withdrew proposed new offences for inciting racial hatred from the bill after the Coalition and the Greens raised objections. Prime Minister Anthony Albanese stated these provisions lacked sufficient support to pass the Senate. Constitutional expert Anne Twomey noted parallels to a similar failed effort by former Labor Prime Minister Paul Keating in 1995.
State and Territory Responses
Victoria
The Victorian government accepted 15 of 16 recommendations from former police chief commissioner Ken Lay's rapid review of gun laws, ordered after the Bondi attack. The government rejected the recommendation to cap category A and B firearms at four per licensed owner.
- Premier Jacinta Allan stated caps are unnecessary because most firearm owners comply with the law.
- Police Minister Anthony Carbines confirmed Victoria will not participate in the federal government's buyback scheme as proposed.
- The review found no clear evidence that numerical caps reduce firearms-related harm.
- Victoria Police had supported the cap recommendation.
Accepted recommendations include toughening sentences for firearms offenses, stricter licensing, citizenship requirements for gun holders, non-adverse firearms background checks, and increased police powers to temporarily reclassify firearms.
Approximately 46,540 license holders in Victoria own more than four category A and B firearms; fewer than 20% of firearm users would be affected by the cap. A cap could result in approximately 286,749 firearms being disposed of.
Queensland
The Queensland government, led by Premier David Crisafulli, has rejected participation in the federal gun buyback scheme. Premier Crisafulli stated a gun buyback "doesn't address antisemitism and hate and it doesn't focus on keeping guns out of the hands of terrorists and criminals."
- Queensland will not implement caps on the number or type of firearms individuals can own.
- New state legislation introduced in February 2025 limits gun licence eligibility to Australian citizens, with exceptions for sporting shooters and primary producers.
- Increased penalties include 14 years imprisonment for stealing guns and life sentences for trafficking unlawful weapons.
- New offences include possessing blueprints for 3D-printed firearms and drive-by shootings targeting places of worship.
- Courts may impose tougher penalties for firearm offenses linked to extremist or terrorist motivations.
- Police may consider an applicant's history of violence or weapons-related offenses when assessing licence applications.
- The government rejected a coronial inquest recommendation to assess mandatory mental health evaluations for weapons licence applicants following the 2022 Wieambilla shootings.
- The original bill granted the attorney-general broad authority to prohibit expressions inciting violence or offense.
- After criticism from legal, religious, and civil liberty groups, the bill was amended to specifically ban only two phrases: "from the river to the sea" and "globalise the intifada."
- Any future additions to banned expressions will require new legislation and parliamentary approval.
- Breach carries a maximum penalty of two years imprisonment.
- The Queensland Jewish Board of Deputies supported the legislation.
New South Wales
New South Wales has legislated stricter gun controls, including limiting firearm ownership to four per individual, with primary producers allowed ten. The state committed to the federal buyback scheme.
Western Australia
Western Australia has committed to the federal buyback scheme and completed its own buyback in January 2025. WA Police Minister Reece Whitby reported that 83,764 firearms have been removed from circulation in the state over the past two years through six buyback programs, representing a 24% reduction. WA Premier Roger Cook called for national unity on firearms reform.
Tasmania
Tasmania has announced new firearm laws including:
- A buyback scheme for certain firearms offering 1.5 times market value for reclassified weapons.
- Citizenship requirements for purchasing guns.
- Reclassification of straight-pull and button/lever release center-fire and shotgun firearms as Category C.
- Stronger penalties for gun theft.
- The government will not impose a cap on the number of firearms an individual can own.
Australian Capital Territory
The ACT government is reviewing its firearms legislation and anti-vilification laws. Potential reforms include implementing a cap on firearms ownership, reviewing firearm categorization, and updating licensing requirements. The ACT aims to replace its paper-based firearm registration system with a digital National Firearms Register by July 2028.
Northern Territory, South Australia
The Northern Territory has indicated it will not participate in the federal buyback scheme. South Australia has ruled out caps on firearm ownership.
National Reform Timeline and Status
The federal government targeted July 1 for a national buyback plan to be legislated in each jurisdiction. As of the deadline, only Western Australia, Tasmania, New South Wales, and the ACT had committed to the buyback scheme. Queensland, the Northern Territory, and Victoria had not committed. The federal government proposed a 50:50 funding model with states and territories for the buyback.
Royal Commission on Antisemitism
Prime Minister Albanese announced a national royal commission focused on antisemitism and social cohesion, chaired by former High Court judge Virginia Bell. The commission is tasked with examining the circumstances surrounding the Bondi attack and related issues.
Opposition Leader Sussan Ley criticized the government's handling of the royal commission, describing the appointment of a single commissioner as "inadequate" and calling for Labor ministers to be subjected to cross-examination. Antisemitism envoy Jillian Segal called for public support for the inquiry. The interim report is expected in March 2025.
Political Reactions
- Shooting Industry Foundation of Australia CEO James Walsh commended the rejection of caps.
- Alannah and Madeline Foundation CEO Sarah Davies expressed disappointment at Victoria's decision not to participate in the national buyback.
- Victorian Greens leader Ellen Sandell accused the government of capitulating to the gun lobby.
- Victorian Nationals leader Danny O'Brien argued a cap would not have prevented the Bondi shooting.
- Police Association Victoria expressed support for the government's position.
- Jewish Community Council of Victoria urged full implementation of all recommendations.
- Families of Constables Rachel McCrow and Matthew Arnold, killed in the 2022 Wieambilla shootings, expressed support for the federal government's proposed gun law reforms.
- The Greens party supported stricter gun laws and the buyback program but voted against the anti-hate bill, citing potential impacts on political debate and protest.
- The National Party abstained from the vote on the anti-hate bill.