Australia Responds to Bondi Attack: A Wave of Legislative Reforms and Inquiries

Following the December 14 Bondi attack, Australian federal and state governments have initiated a series of legislative reforms and launched an inquiry. Federal actions include the establishment of a Royal Commission into antisemitism and social cohesion, the passage of revised hate speech legislation, and new gun control measures, including a national buyback scheme. State and territory governments have demonstrated varied responses to the federal gun buyback program and are pursuing their own legislative changes regarding firearms and anti-vilification laws.

The Bondi Attack and Calls for Inquiry

On December 14, an attack occurred in Bondi. In the aftermath, there were increasing calls for a national inquiry, including from victims' families, former Labor Members of Parliament, and the Law Council of Australia.

Initially, Prime Minister Anthony Albanese had expressed caution regarding a Royal Commission, suggesting it could cause division and delay urgent actions.

His initial focus involved a review of intelligence and law enforcement agencies, forthcoming reforms on hate speech, immigration, and extremist groups, cooperation with a New South Wales-based royal commission, and implementation of recommendations from Jillian Segal's antisemitism review. However, senior government ministers later indicated a more open stance.

Federal Royal Commission Established

Prime Minister Albanese announced the establishment of a national Royal Commission into antisemitism and social cohesion, tasked with examining the circumstances surrounding the Bondi attack and related issues. Former High Court judge Virginia Bell was appointed as the sole commissioner.

Opposition Leader Sussan Ley, who had consistently advocated for a Commonwealth royal commission, criticized the government's handling of the inquiry and its terms of reference, stating the Coalition's proposed model was not selected. Ley demanded that Labor ministers be cross-examined and accused the Prime Minister of "delay, weakness and resistance."

Jillian Segal, Australia's antisemitism envoy, called for national unity in supporting the inquiry. Some Liberal MPs, including Jono Duniam and James Paterson, expressed a more welcoming attitude. The Royal Commission is expected to deliver its interim report in March.

Federal Hate Speech Legislation

The federal government introduced new hate speech legislation following the Bondi attack, aiming to address antisemitism and provide powers to combat racial hatred. Initial proposals included:

• An offense for leaders promoting violence.
• A system to list organizations whose leaders engage in hate speech that promotes violence or racial hatred.
• Outlawing "serious vilification" based on race or advocating racial supremacy.
• A new aggravated offense targeting adults who radicalize children.

The original omnibus bill, titled the Combating Antisemitism, Hate and Extremism Bill, faced criticism from the Coalition, the Greens, and civil liberties groups, who raised concerns about potential impacts on free speech and democratic principles. Constitutional expert Anne Twomey and other legal scholars cautioned against hasty criminal law changes.

The government subsequently withdrew the proposed new offenses for inciting racial hatred, acknowledging a lack of sufficient support to pass these provisions in the Senate.

The revised legislation maintained measures for strengthening penalties for threatening violence against protected groups, proscribing hate groups, and granting the Home Affairs Minister increased powers to cancel or refuse visas.

The modified anti-hate bill passed both the House of Representatives and the Senate. The Liberal party supported the revised bill, while the National Party abstained, and the Greens voted against it, citing concerns about its impact on political debate and protest. The legislation will undergo a review every two years by a parliamentary joint committee.

Federal Gun Control Legislation

The federal government also introduced legislation for gun control, following the Bondi attack. This legislation was separated from the hate speech reforms to facilitate its passage. Key provisions include:

• Establishing a national gun buyback scheme, to be jointly funded by the Commonwealth, states, and territories.
• New checks for firearm license applications.
• 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, ACIC) to provide information for assessing a gun license applicant's public safety risk, based on risk rather than conviction.

The Home Affairs Minister stated that had such legislation been in place prior to the Bondi attack, individuals involved would not have legally accessed firearms.

The bill passed both the House of Representatives and the Senate, marking the most significant changes to Australia's gun laws since the 1996 Port Arthur attack.

State and Territory Responses to Gun Control

The federal government aimed for a national buyback plan to be legislated in each jurisdiction by July 1, with a target date of March for state commitments. However, by March, more than half of the states and territories continued to oppose parts of the plan.

Queensland

The Queensland government stated it would not participate in the federal gun buyback scheme. Premier David Crisafulli argued that the buyback did not address antisemitism and hate, nor did it focus on keeping guns out of the hands of terrorists and criminals.

Queensland announced its own legislative reforms, including a mandate that gun owners must be Australian citizens (with exemptions), increased penalties for gun theft and trafficking (up to life imprisonment for trafficking), new offenses for possessing 3D-printed gun blueprints and drive-by shootings (especially near places of worship), enhanced storage requirements, and broadened criteria for assessing license applications. The state declined to implement caps on the number of firearms an individual can own.

Northern Territory

The Northern Territory government declined to participate in the federal gun buyback scheme.

Tasmania

The Tasmanian government declined to participate in the federal gun buyback scheme. It announced its own firearm reforms, including a buyback scheme for certain reclassified high-powered firearms (offering 1.5 times value), a voluntary buyback for other legal firearms, citizenship requirements for purchasing guns (with exceptions), and stronger penalties for gun theft. Tasmania opted against implementing individual gun ownership caps.

Australian Capital Territory (ACT)

The ACT government is undertaking reviews of its firearms legislation and anti-vilification laws. Potential firearm reforms include implementing a cap on individual firearm ownership, reviewing firearm categorization, and updating licensing requirements for advancements like 3D-printed firearms. The ACT's paper-based firearms register is slated for replacement by July 2028.

New South Wales

New South Wales had already enacted laws limiting firearms for individuals (four) and for farmers/sports shooters (ten). The state has committed to the federal gun buyback scheme and passed an omnibus counter-terror bill.

Western Australia

Western Australia implemented stringent gun laws in 2024, removing 83,764 firearms from circulation over two years. The state's buyback program was completed in January. Premier Roger Cook called for national unity on firearms reform but the state has not committed to an even split of costs for a future Commonwealth buyback.

Victoria

Premier Jacinta Allan has been noncommittal regarding the federal buyback, awaiting findings from a review of existing laws. Victoria holds approximately a quarter of Australia's registered guns.

South Australia

Premier Peter Malinauskas reportedly indicated he would not tighten gun laws despite agreeing to a federal crackdown and the state is yet to commit to a buyback.

Families of victims from the 2022 Wieambilla shootings expressed support for the federal government's proposed tightening of gun laws and a national firearm buyback scheme. However, gun advocacy groups and the Nationals party expressed opposition to new gun control measures. The Alannah and Madeline Foundation, a gun safety advocacy group, expressed disappointment over the lack of full state participation in the national buyback.

State Hate Speech Legislation

Queensland

Alongside gun law reforms, the Queensland government introduced its own hate speech legislation. The initial draft would have granted the Attorney-General broad authority to prohibit expressions inciting violence, harm, or offense.

Following criticism from civil liberties groups, legal and religious organizations, the legislation was amended to specifically ban the phrases "from the river to the sea" and "globalise the intifada," with any future additions requiring new legislation and parliamentary approval. Breaches carry a maximum penalty of two years imprisonment. The Queensland Jewish Board of Deputies supported the legislation, while civil liberties groups and Justice for Palestine indicated potential legal challenges.

ACT

The ACT government intends to strengthen its anti-vilification laws, potentially introducing criminal penalties for hate speech in extreme instances. The review process is ongoing and is not expected to be rushed.

Parliamentary Recalls and Political Reactions

The Australian federal parliament was recalled early in January to consider the legislative proposals. Prime Minister Albanese expressed a desire for the legislation to pass efficiently and with broad support.

Opposition Leader Sussan Ley, while supporting the concept of a Royal Commission, consistently criticized the government's approach and timeline on the inquiry. The federal government faced accusations of "delay, weakness, and resistance" from the opposition regarding the Royal Commission. Political parties and advocacy groups continued to engage in public debate surrounding the scope and implications of the proposed laws, particularly concerning free speech and the effectiveness of gun control measures.