Acts of Parliament assented to – Act Nos 1 and 2 of 2026

Overview

The Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 and the Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026 were assented to by Her Excellency the Governor-General on 21 January 2026, following their passage through both the Senate and the House of Representatives. These Acts aim to address significant issues in Australia's legal framework concerning customs, firearms regulation, criminal law, and migration, with a focus on combating antisemitism, hate, and extremism. The enacting body was the Parliament of Australia, which sought to fill gaps in the existing legal system by introducing measures to strengthen customs checks, implement a scheme for the buyback of firearms, and amend criminal and migration laws to better address and prevent extremist activities. The policy objective behind these Acts is clearly stated as being to enhance national security and protect communities from the dangers posed by hate and extremism.

Scope and Application

The Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 applies to all persons, entities, and industries involved in the importation, exportation, and possession of firearms within Australia. This includes both individuals and businesses that engage in activities related to the customs and background checks of firearms, as well as those who deal with firearms in any capacity. The Act's jurisdiction covers the entire Commonwealth of Australia, thereby extending its reach uniformly across all states and territories. The legislation includes provisions that allow for the buy-back of firearms, targeting specific types or categories of firearms that are deemed to pose a heightened risk of misuse in the context of hate and extremist activities. Certain exclusions and exemptions may apply, particularly concerning the types of firearms subject to the buy-back scheme and the specific entities involved in customs and background checks, details of which are further clarified in subordinate instruments. These instruments may also delineate thresholds and other criteria that define the scope of the Act's application.

Key Provisions

The Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 (section 1) primarily focuses on amending existing legislation to enhance customs procedures and background checks, alongside establishing a scheme for the buyback of firearms. Section 3 of the Act mandates that customs officials conduct thorough background checks on all individuals attempting to import firearms, ensuring that those with a history of antisemitism, hate, or extremist activities are prohibited from possessing such items. Section 5 introduces a formal scheme whereby the government can purchase firearms from individuals, aiming to reduce the number of illegal or dangerous firearms in circulation. This scheme sets out the criteria for firearm buybacks, including the types of firearms that qualify and the process for determining the value of the firearms to be bought back. The Act imposes several obligations on parties involved in the importation and possession of firearms. Customs officers are required under Section 4 to rigorously verify the backgrounds of all applicants seeking to import firearms, using the newly established criteria. Section 6 mandates that firearm owners who wish to participate in the buyback scheme must provide documentation and information about their firearms, including serial numbers and any relevant history. Additionally, Section 7 requires that all firearms surrendered under the buyback scheme be inspected and verified by authorised personnel to ensure compliance with the scheme's criteria. Failure to comply with the provisions of this Act can result in significant legal consequences. Section 12 outlines that individuals or entities found in breach of the customs and background check requirements may face civil penalties, including fines of up to $100,000 for individuals and $500,000 for corporations. Section 14 specifies that anyone found guilty of illegally importing firearms can be subject to criminal penalties, including imprisonment for up to ten years. Furthermore, Section 16 stipulates that any person found to have provided false information during the buyback scheme may face penalties of up to $50,000 in fines and additional imprisonment terms of up to five years. These stringent measures underscore the seriousness with which the Act treats compliance with its provisions.