The end of Australian freedom

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I abhor all forms of racism. Period. I condemn the Bondi Massacre.

Yet the following legislative response is so extreme that anybody and everybody should reject it.

The Combatting Antisemitism, Hate and Extremism Bill 2026 is the end of Australian freedom as we have known it.

You have 24 hours to respond.

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Part 5—Racial vilification offence

Criminal Code Act 1995

Paragraph 80.2BE(1)(d) of the Criminal Code

After “religion”, insert “, or national”.

Paragraph 80.2BE(2)(d) of the Criminal Code

After “religion”, insert “, or national”.

After section 80.2BE of the Criminal Code

Insert:
80.2BF Publicly promoting or inciting racial hatred etc.

(1) A person commits an offence if:

(a) the person engages in conduct in a public place; and

(b) the person engages in the conduct intending to:

(i) promote or incite hatred of another person (the target), or a group of persons (the target group), because of the race, colour or national or ethnic origin of the target or target group; or

(ii) disseminate ideas of superiority over or hatred of another person (the target), or a group of persons (the target group), because of the race, colour or national or ethnic origin of the target or target group; and

(c) the conduct would, in all the circumstances, cause a reasonable person who is the target, or a member of the target group, to be intimidated, to fear harassment or violence, or to fear for their safety.

Example: Inciting antisemitic hatred against Jews in a public place where a reasonable member of the Jewish community would be intimidated or fear violence.

Penalty: Imprisonment for 5 years.

(2) Strict liability applies to paragraph (1)(c).

Amendments of legislation relating to the criminal law Schedule 1

Racial vilification offence Part 5

No. , 2026 Combatting Antisemitism, Hate and Extremism Bill 2026 27

(3) For the purposes of subsection (1), it is immaterial whether:

(a) the target, or members of the target group, actually are distinguished by the particular race, colour or national or ethnic origin; or

(b) the conduct actually results in hatred of another person or group of persons; or

(c) the conduct actually results in any person feeling intimidated, fearing harassment or violence, or fearing for their safety.

Defence—religious teaching or discussion

(4) Subsection (1) does not apply to conduct that consists only of directly quoting from, or otherwise referencing, a religious text for the purpose of religious teaching or discussion.

Note: A defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3).

Review of this section

(5) After the end of the 2-year period beginning on the day this section commences, the Minister must cause a review to be conducted of this section.

Report

(6) The Minister must cause copies of any report of the review that is given to the Minister to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.

Definitions

(7) In this section:

engages in conduct in a public place: without limiting when a person engages in conduct in a public place, a person engages in conduct in a public place if the person:

(a) communicates to the public using any form of communication (including speaking, writing, displaying notices, graffiti, playing of recorded material, broadcasting

Schedule 1 Amendments of legislation relating to the criminal law

Part 5 Racial vilification offence

Combatting Antisemitism, Hate and Extremism Bill 2026 No. , 2026 and communicating through social media and other electronic methods); and

(b) engages in any conduct (including actions and gestures and the wearing or display of clothing, signs, flags, emblems and insignia) that is observable by the public; and

(c) distributes or disseminates any matter to the public.

To avoid doubt, a person may engage in conduct in a public place even if the conduct occurs on private land.

Note: Public place is defined in the Dictionary.

fear includes apprehension.

(8) For the purposes of this section, the expressions race, colour and national or ethnic origin have the same meanings as in the Racial Discrimination Act 1975.

After paragraph 80.3(2)(b) of the Criminal Code

Insert:

(c) with the intention of promoting or inciting hatred of another person or a group of persons, because of the race, colour or national or ethnic origin of the other person or group; or

(d) with the intention of disseminating ideas of superiority over or hatred of another person, or a group of persons, because of the race, colour or national or ethnic origin of the other person or group

So far as I can tell, if MB were to argue that:

  • The flow of Indian students is causing wage growth to soften, using statistics as we always do, we’d run the serious risk of going to jail for fifteen years, and you would go to jail for 5 years for reading it. If one person complains of “apprehension”.
  • Or, the flow of Chinese nationals was inflating real estate prices in Sydney; using statistics as we always do, we’d run the serious risk of going to jail for fifteen years, and you would go to jail for 5 years for reading it. If one person complains of “apprehension”.
  • Students who protest for Israel or Palestine will be going to jail for five years. The union rep who organised any such gathering for fifteen. If one person complains of “apprehension”.
  • All 300k people who walked over the Harbour Bridge would continue walking straight to Long Bay Jail. If one person complained of “apprehension”.

Hilariously, if you can find a quote from the BibleQuranTalmudVedasThe Book of Enoch, Dead Sea ScrollsThe Book of the Holy Hierotheos, Popol Vuh, Huarochirí Manuscript, or, perhaps, the Iliad, to support your argument, then you’re alright to hate.

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“The spear did not fly wasted from his hand” etc. etc.

Otherwise, you’re going to jail.

I find some of the Levantine War protests absurdly misplaced, but that is no longer the point.

This bill of hate is from the Middle Ages. It is about to end Australians’ right to discuss, turn up to a discussion, in public or in private, any foreign person, religion, nation or entity, or risk immense jail terms for causing “apprehension” to any one single person, vested interest or nut.

By Friday, we’ll be jailed for saying this overkill bill is sponsored from abroad.

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The risk of manipulation is as outlandish as it is dangerous. It reads like a sovereign suicide note.

We will need some larger jails. The CCP Belt and Road is ready with the dozers.

MSM silent.

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About the author
David Llewellyn-Smith is Chief Strategist at the MB Fund and MB Super. David is the founding publisher and editor of MacroBusiness and was the founding publisher and global economy editor of The Diplomat, the Asia Pacific’s leading geo-politics and economics portal. He is also a former gold trader and economic commentator at The Sydney Morning Herald, The Age, the ABC and Business Spectator. He is the co-author of The Great Crash of 2008 with Ross Garnaut and was the editor of the second Garnaut Climate Change Review.