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Hate Group Crime Laws

Malleeboy

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Jul 31, 2021
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The Australian Parliament has just passed Hate Group Crime laws, after mass shooting of Jewish people at a Hannukah event by a father and son, who held extremist "Islamism"istic views. These laws have heavy penalties of up to 15 years, have no requirement for procedural fairness (ie if your group is labeled a hate group under this law you have no judicial review). The Directory of General of Security (head of ASIO, our domestic spy agency), who is appointed by the GOTD, can recommend on suspicion a group "might" not "is" an issue, and the Minister of Home Affairs can than request the listing of a group. A group can be listed even if none of its members have been convicted of a hate crime. Once listed, it is a criminal offence to be a member of, recruit for, or provide support/funds to the group. (Economic actions like boycotting seems to fall within scope.) You don't even have to be a formal member, as informal membership is enough for this law to impact you. It was rushed through parliament in 2 days. The public had two days to comment, and 7,000 responses were given but no proper review of these occurred. No proper parliamentary committee review was undertaken.

Attached video is by Professor Emerita Anne Towmey, amongst the most learned people on Australian constitution law, and her profound concerns


I personally come from a deeply conservative region of Australia, and I'm proud that the party that I have the deepest historic attachment ("The Nationals" formerly the "Country Party") not only opposed the legislation but were willing to quit shadow cabinet positions over a matter of principle. As I believe these laws were rushed and deeply flawed. I have a profound dislike of Communism, the political belief set that killed more people and caused more suffering than any other in the twentieth century and continues wherever it is implemented to oppress and harm people. However, I am grateful that even in the depths of the cold war, the Australian High Court twice struck down laws banning communism in Australia. People should IMHO be allowed to hold opinions even ones I find odious, it is action and incitement to action that should be illegal not mere "thought crimes". (I'm personally in favor of the US level freedom of speech). I sincerely hope that High Court will again defend our implied collective right to freedom of political expression, as befits one of oldest continuous democracies.