Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026

The majority voted against amendments on sheet 3588 and sheet 3590 circulated by Victorian Senator Lidia Thorpe (Independent) and moved by WA Senator Fatima Payman (Australia's Voice), which means they failed.

Amendment text

Sheet 3588

(1) Schedule 2, item 4, page 45 (after line 19), after note 1, insert:

Note 1A: As per the judgement of the Federal Court in Wertheim v Haddad [2025] FCA 720, criticism of the practices, policies, and acts of the state of Israel, the Israeli Defence Force or Zionism is not inherently criticism of Jewish people and is protected political speech, not hate speech.

(2) Schedule 2, item 7, page 47 (after line 19), after note 1, insert:

Note 1A: As per the judgement of the Federal Court in Wertheim v Haddad [2025] FCA 720, criticism of the practices, policies, and acts of the state of Israel, the Israeli Defence Force or Zionism is not inherently criticism of Jewish people and is protected political speech, not hate speech.

(3) Schedule 2, item 10, page 49 (after line 17), after note 1, insert:

Note 1A: As per the judgement of the Federal Court in Wertheim v Haddad [2025] FCA 720, criticism of the practices, policies, and acts of the state of Israel, the Israeli Defence Force or Zionism is not inherently criticism of Jewish people and is protected political speech, not hate speech.

Sheet 3590

4 General provisions about the purpose and application of this Act

(1) The purpose of this Bill to provide protections from vilification for people experiencing systemic injustice and structural oppression, including Aboriginal and Torres Strait Islander people.

(2) Nothing in this Act is intended to limit or threaten the ability of people to engage in protected political expression as protected by Article 19 of the International Covenant on Civil and Political Rights done at New York on 16 December 1966.

(3) Nothing in this Act is intended to limit or threaten the self‑determination of Aboriginal and Torres Strait Islander peoples, as protected by:

(a) Article 1 of the International Covenant on Civil and Political Rights done at New York on 16 December 1966; and

(b) Article 1 of the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966; and

(c) the United Nations Declaration on the Rights of Indigenous Peoples adopted by the General Assembly of the United Nations on 13 September 2007.

(4) As per the judgement of the Federal Court in Wertheim v Haddad [2025] FCA 720, criticism of the practices, policies, and acts of the state of Israel, the Israeli Defence Force or Zionism is not inherently criticism of Jewish people and is protected political speech, not hate speech.