Criminal Code (Prohibited Hate Group—Hizb ut-Tahrir) Regulations 2026

EXPLANATORY STATEMENT

Issued by the Assistant Minister for Citizenship, Customs and Multicultural Affairs

Criminal Code Act 1995

Criminal Code (Prohibited Hate Group—Hizb ut-Tahrir) Regulations 2026

Legislative authority

Section 5 of the Criminal Code Act 1995 provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to that Act.

The definition of prohibited hate group in subsection 114A.2(1) of the Criminal Code provides that a prohibited hate group is an organisation that is specified by the regulations for the purposes of the definition.

Purpose

The purpose of the Criminal Code (Prohibited Hate Group—Hizb ut-Tahrir) Regulations 2026 (the Regulations) is to specify the organisation known as Hizb ut-Tahrir for the purposes of the definition of prohibited hate group in subsection 114A.2(1) of the Criminal Code.

The Regulations operate to specify Hizb ut-Tahrir as a prohibited hate group for the purposes of the offence provisions in Division 114B of Part 5.3B of the Criminal Code.

Background

Subsection 114A.4(1) of the Criminal Code provides that before the Governor-General makes regulations specifying an organisation for the purposes of the definition of prohibited hate group, the AFP Minister must be satisfied on reasonable grounds that:

• the organisation:
  • has engaged in, prepared or planned to engage in, or assisted the engagement in, conduct constituting a hate crime; or
  • has advocated (whether or not in Australia) engaging in conduct constituting a hate crime, other than an offence against sections 80.2A, 80.2B, 80.2BC or 80.2BE (advocacy offences); and
• specifying the organisation as a prohibited hate group is reasonably necessary to protect the Australian community or part of the Australian community against harm of any one or more of the kinds referred to in paragraph 114A.1(a) (social, economic, psychological or physical harm).

Subsection 114A.2(1) of the Criminal Code provides that the expression AFP Minister means the Minister administering the Australian Federal Police Act 1979.

Section 114A.3 of the Criminal Code defines a hate crime as:

• conduct that would constitute specific Commonwealth hate crime offences (subsection 114A.3(1));
• conduct that involves publicly inciting racial hatred, where that conduct would constitute a Commonwealth offence or a specific state or territory offence (subsection 114A.3(2));
• certain harmful conduct, or threat of harmful conduct, towards people based on race or national or ethnic origin (subsection 114A.3(5)).

An organisation advocates engaging in conduct constituting a hate crime if it:

• counsels, promotes, encourages or urges engagement in conduct constituting a hate crime;
• provides instruction on engaging in conduct constituting a hate crime; or
• directly praises engagement in conduct constituting a hate crime or conduct that would constitute a hate crime if it occurred in Australia, in circumstances where there is an unacceptable risk that such praise might have the effect of leading a person to engage in conduct constituting a hate crime (subsection 114A.2(2)).

Subsection 114A.5(2) of the Criminal Code provides that the Minister can only consider specifying a group as a prohibited hate group if the Director-General of Security has recommended the Minister consider doing so.

The AFP Minister is satisfied on reasonable grounds that the organisation Hizb ut-Tahrir:

• has advocated engaging in conduct constituting a hate crime, and
• specifying Hizb ut-Tahrir as a prohibited hate group is reasonably necessary to protect the Australian community or part of the Australian community from social, psychological and physical harm.

For the purposes of subparagraph 114A.4(1)(a)(ii), the AFP Minister is satisfied that Hizb ut-Tahrir has advocated engaging in conduct constituting a hate crime by praising the engagement in conduct that would constitute a hate crime if engaged in in Australia, in circumstances where there is an unacceptable risk that such praise might have the effect of leading a person (regardless of the person’s age or any mental impairment that the person might suffer) to engage in conduct constituting a hate crime.

Specifically, Hizb ut-Tahrir has on more than one occasion praised attacks that would constitute hate crimes if carried out in Australia, including the Hamas terrorist attack on 7 October 2023 which relevantly targeted Jewish people and other attacks on Jewish people in the Middle East.

There is an unacceptable risk that such praise might have the effect of leading a person to engage in conduct constituting a hate crime. Inflammatory statements that praise hate crimes can have a radicalising and polarising effect, and in turn increase the risk of a person engaging in hate crimes in Australia.

There are examples demonstrating that Hizb ut-Tahrir’s rhetoric and ideology can lead to serious, real-world consequences, with examples of violence that have been inspired by Hizb ut-Tahrir’s ideology and rhetoric. Hizb ut-Tahrir’s propaganda and rhetoric have served as a conduit for radicalisation to violence, including the facilitation of individual pathways into terrorist networks.

When considered in combination, the effect in the Australian community of inflammatory statements that praise hate crimes, and Hizb ut-Tahrir having previously inspired acts of violence through propaganda and rhetoric, demonstrate that there is an unacceptable risk that Hizb ut-Tahrir praising hate crimes could lead people to engage in conduct that would constitute a hate crime.

For the purposes of subparagraph 114A.4(1)(b), the AFP Minister is satisfied that specifying Hizb ut-Tahrir as a prohibited hate group is reasonably necessary to protect the Australian community or part of the Australian community from social, psychological and physical harm.

The specification of Hizb ut-Tahrir as a prohibited hate group enlivens certain offences under Division 114B of Part 5.3B of the Criminal Code. Making it an offence to engage with Hizb ut-Tahrir in particular ways assists in preventing Hizb ut-Tahrir from legitimately operating in and having a presence in Australia. This includes by:

• making membership of Hizb ut-Tahrir a criminal offence (see section 114B.2),
• preventing a person from recruiting people to participate in Hizb ut-Tahrir’s activities (see section 114B.3), and
• preventing Hizb ut-Tahrir raising or expending funds. For example, a person is prevented from receiving funds from Hizb ut-Tahrir for services which are required to continue to maintain the platforms used to disseminate their ideology and rhetoric or for facilities to host their events (see section 114B.5).

The effect of the specification of Hizb ut-Tahrir as a prohibited hate group is that Hizb ut-Tahrir would be prevented from legitimately operating in Australia through the criminalising of particular forms of engagement with Hizb ut-Tahrir. Consequently, the overall impact and influence of Hizb ut-Tahrir in Australian society would be reduced. This is reasonably necessary to protect the Australian community from social, economic, psychological and physical harm, and from the promotion of violence.

In coming to the decision that Hizb ut-Tahrir meets the legislative requirements for specification, the AFP Minister has taken into consideration information prepared by relevant agencies.

Consultation

The decision that Hizb ut-Tahrir is a prohibited hate group and has advocated and engaged in conduct constituting a hate crime is informed by classified and unclassified information provided by relevant agencies.

In accordance with subsection 114A.5(1) of the Criminal Code, the Director-General of Security has recommended that the AFP Minister consider whether Hizb ut-Tahrir should be specified as a prohibited hate group.

Section 114A.6 of the Criminal Code provides that before the Governor-General makes a regulation specifying an organisation for the purposes of the definition of prohibited hate group in subsection 114A.2(1) of the Criminal Code, the AFP Minister must:

• obtain the Attorney-General’s agreement in writing to the organisation being specified for the purposes of that definition; and
• arrange for the Leader of the Opposition in the House of Representatives to be briefed in relation to the proposed regulation.

The Attorney-General has provided written agreement to the specification of Hizb ut-Tahrir. The AFP Minister has written to the Leader of the Opposition to arrange a briefing on the specification of Hizb ut-Tahrir.

Impact and effect

The specification of Hizb ut-Tahrir as a prohibited hate group enlivens certain offences under the Criminal Code. Enlivening these offenses will prevent Hizb ut-Tahrir from undertaking activities in Australia and would directly impact the ability for Hizb ut-Tahrir to spread its ideology and advocate for conduct constituting hate crimes that cause harm.

Division 114B of Part 5.3B of the Criminal Code makes the following activities relating to a prohibited hate group criminal offences:

• directing the activities of a prohibited hate group;
• membership of a prohibited hate group;
• recruiting for a prohibited hate group;
• training involving a prohibited hate group;
• making funds available to, or receiving funds from or for a prohibited hate group; and
• providing support to a prohibited hate group.

Detail and Operation

The Regulations are a legislative instrument for the purposes of the Legislation Act 2003.

The Regulations commence on the day after they are registered on the Federal Register of Legislation.

Further details of the Regulations are set out in Attachment A.

A Statement of Compatibility with Human Rights has been completed in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011. The overall assessment is that the Regulations are compatible with human rights. A copy of this Statement is at Attachment B.

Paragraph 54(2)(b) of the Legislation Act 2003 (Legislation Act) has the effect that if a legislative instrument is prescribed by regulation for the purposes of that paragraph, then the instrument is exempt from the operation of sunsetting under Part 4 of the Legislation Act.

The Regulations are exempt from the default 10-year sunsetting period established under the Legislation Act. Item 18E of the table under section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015, prescribes regulations made solely for the purposes of the definition of prohibited hate group in subsection 114A.2(1) of the Criminal Code as exempt from sunsetting for the purposes of paragraph 54(2)(b) of the Legislation Act.

The exemption was inserted by the Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026. The exemption reflects the fact that prohibited hate groups pose a grave threat to Australia’s social cohesion and the protection of the broader community from hate-motivated threats and violence.

The Regulations, which specify a prohibited hate group, continue in effect unless ceased through an active decision by the AFP Minister under subsection 114A.8(1) of the Criminal Code. The Regulations remain subject to parliamentary oversight, including review by the Parliamentary Joint Committee on Intelligence and Security (PJCIS), which may examine the specification and make recommendations regarding its continuation or repeal. Pursuant to subsection 114A.9(2) of the Criminal Code, the PCJIS may review the Regulations at any time and report its comments and recommendations to each House of the Parliament.

ATTACHMENT A

Details of the Criminal Code (Prohibited Hate Group—Hizb ut-Tahrir) Regulations 2026

Section 1 - Name

This section provides that the title of the Regulations is the Criminal Code (Prohibited Hate Group—Hizb ut-Tahrir) Regulations 2026.

Section 2 - Commencement

This section provides for the commencement of each provision in the Regulations as set out in the table.

Subsection 2(1) provides that each provision in the Regulations, as specified in column 1 of the table, commences in accordance with column 2 of the table, and that any other statement in column 2 has effect according to its terms. Columns 1 and 2 provide that the Regulations commence in their entirety on the day after the Regulations are registered on the Federal Register of Legislation.

The note below subsection 2(1) clarifies that the table only relates to the provisions of the Regulations as originally made and will not be amended to deal with any subsequent amendments of the instrument.

Subsection 2(2) provides that the information in column 3 of the table is not part of the Regulations. Information may be inserted in this column, or information in it may be edited, in any published version of the Regulations.

Section 3 - Authority

This section provides that the Regulations are made under the Criminal Code Act 1995.

Section 4 - Prohibited hate group – Hizb ut-Tahrir

Subsection 4(1) provides that for the purposes of the definition of prohibited hate group in subsection 114A.2(1) of the Criminal Code, the organisation known as Hizb ut-Tahrir is specified.

The specification of Hizb ut-Tahrir as a prohibited hate group extends to all its constituted elements, including all local chapters, as part of the organisation.

The effect of specifying Hizb ut-Tahrir as a prohibited hate group is to ensure that offences in Divisions 114B of the Criminal Code that relate to prohibited hate groups can operate, where the appropriate elements are satisfied, in relation to conduct in connection with Hizb ut-Tahrir .

Subsection 4(2) provides a list of aliases by which Hizb ut-Tahrir is also known:

ATTACHMENT B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Criminal Code (Prohibited Hate Group—Hizb ut-Tahrir) Regulations 2026

This Disallowable Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Disallowable Legislative Instrument

The Criminal Code (Prohibited Hate Group—Hizb ut-Tahrir) Regulations 2026 (the Regulations) specify Hizb ut-Tahrir for the purposes of the definition of prohibited hate group in subsection 114A.2(1) of the Criminal Code Act 1995 (the Criminal Code). 

The object of the Regulations is to specify that Hizb ut-Tahrir is a prohibited hate group under Australian law and put the organisation and members of the public on notice of that fact. Notification is important to help people avoid engaging in activities which might constitute an offence under Division 114B of Part 5.3B of the Criminal Code in relation to Hizb ut-Tahrir.

The Regulations, which are part of Australia’s prohibited hate group listing framework, support the application of the offences in Division 114B of Part 5.3B of the Criminal Code. The objects of this Part are to protect the Australian community or part of the Australian community against social, economic, psychological and physical harm, and from the promotion of violence, by prohibiting organisations that engage in, prepare or plan to engage in, or assist the engagement in, or advocate engaging in, conduct constituting a hate crime defined in section 114A.3 of the Criminal Code. 

Division 114B contains offences that criminalise conduct involving providing or receiving training, receiving funds, collecting funds, making funds available, or providing support to assist an organisation to engage in conduct constituting a hate crime. Division 114B also contains offences that criminalise dealings including directing the activities of, being a member of, and recruiting for, a prohibited hate group.

Prohibited hate groups like Hizb ut-Tahrir pose a threat to Australia’s social cohesion and the protection of the broader community from hate-motivated threats and violence. Subsection 114A.4(1) of the Criminal Code requires that before a regulation specifying an organisation for the purposes of the definition of prohibited hate group can be made, the AFP Minister must be satisfied on reasonable grounds that:

Subsection 114A.2(1) of the Criminal Code provides that the expression AFP Minister means the Minister administering the Australian Federal Police Act 1979.

The AFP Minister considered information from relevant agencies and has reached the requisite level of satisfaction regarding the above matters in relation to Hizb ut-Tahrir.

Human rights implications

The Regulations promote the following human rights contained in the International Covenant on Civil and Political Rights (ICCPR) and the International Convention on the Elimination of all Forms of Racial Discrimination (CERD):

The Regulations limit the following human rights contained in the ICCPR:

The inherent right to life in Article 6

Article 6 of the ICCPR provides that every human being has the inherent right to life that must be protected by law. Countries have a duty to take preventative measures to protect individuals from unwarranted actions by private persons, or groups, such as inciting discrimination, hatred or violence. The Regulations, and the prohibited hate groups listing framework more broadly, ensure that the offence provisions in Division 114B of Part 5.3B of the Criminal Code apply to certain conduct in relation to prohibited hate groups. The Regulations positively engage the inherent right to life by deterring certain conduct engaged in by Hizb ut-Tahrir and aims to prevent the commission of hate crimes including the amplification of racial hate that may escalate into violence, threatening the lives and safety of the Australian community.

Protection against exploitation, violence and abuse in Article 20 of the ICCPR; Condemnation of propaganda and organisations that attempt to justify discrimination or are based on racial supremacism in Article 4 of the CERD.

Article 20(2) of the ICCPR provides that any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.

Article 4 of the CERD requires countries to condemn propaganda and organisations that attempt to justify discrimination or that are based on racial supremacism. This includes adopting immediate and positive measures designed to eradicate all incitement to, or acts of, racial discrimination. Article 4(a) provides for the criminalisation of all dissemination of ideas based on racial superiority or hatred and incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any racial or ethnic groups.

A prohibited hate group is an organisation that has directly engaged in, prepared or planned to engage in, or assisted the engagement in conduct constituting a hate crime, or advocated engaging in conduct constituting a hate crime, that targets persons or groups distinguished by race or national or ethnic origin. The Regulations positively engage Article 20 of the ICCPR and Article 4 of the CERD as it enlivens offences relating to membership, support for and participation in the activities of Hizb ut-Tahrir, sending a clear message that it is not acceptable for ideas and acts of hatred and violence to be endorsed, propagated or undertaken against persons, or groups of persons, distinguished by race or national or ethnic origin in Australia.

The right to enjoy and benefit from culture in Article 27 of the ICCPR

Article 27 of the ICCPR protects the rights of individuals belonging to ethnic, religious and linguistic minorities to enjoy their own culture, profess and practice their own religion, and use their own language. Section 114A.3(2)(a) of the Criminal Code states that a hate crime involves publicly inciting hatred of another person (the target) or a group of persons (the target group) because of the race, national or ethnic origin of the target or target group. Hizb ut-Tahrir’s advocacy of hate crimes against Jewish people causes social disruption and significant harm to the Jewish community. The Regulations positively engage the right to enjoy and benefit from culture by ensuring that the Australian community or parts of the Australian community distinguished by race or national or ethnic origin can engage in and celebrate their culture and identity without fear of harm by designating Hizb ut-Tahrir as a prohibited hate group, which enliven the criminal provisions in Division 114B of the Criminal Code.

The right to freedom of expression in Article 19

Article 19(2) of the ICCPR provides that everyone shall have the right to freedom of expression. This right includes the freedom to seek, receive and impart information and ideas of all kinds including political opinion. Article 19(3) provides that freedom of expression may be subject to certain restrictions provided by law and necessary in respect of the rights or reputations of others, or for the protection of national security, public order or public health or morals. 

The Regulations, and the prohibited hate groups listing framework more broadly, limit the right to freedom of expression to the extent that certain engagements with the listed organisation, such as membership and directing activities, are criminalised. Hizb ut-Tahrir’s advocacy of hate crimes causes damage to social cohesion and significant harm to persons, and groups of persons, distinguished by race or national or ethnic origin. Hizb ut-Tahrir condemns Israel and Jewish people by calling for violence against Israel and praising violent attacks against Israel and Jewish people more generally. Limiting freedom of expression by designating Hizb ut‑Tahrir as a prohibited hate group is necessary, appropriate and proportionate on the basis that Hizb ut-Tahrir’s conduct targets persons or groups distinguished by race or national or ethnic origin with hateful and violent rhetoric. Such hateful conduct jeopardises the security of Australia, the personal safety of its population, its national interests, and the public order.

The right to peaceful assembly in Article 21

Article 21 of the ICCPR provides that countries must recognise the right of persons, and groups of persons, to peacefully assemble. Any restrictions on this right must be prescribed by law and be necessary in a democratic society to either protect national security, public safety, public order or protect of public health, morals or the rights and freedoms of others.

The right to peaceful assembly is limited by the Regulations, as it enlivens offences relating to membership, support for and participation in the activities of Hizb ut-Tahrir. The activities of prohibited hate groups, such as Hizb ut-Tahrir, that engage in hate crimes are particularly harmful, targeting persons or groups distinguished by race or national or ethnic origin. An assembly that engages in, or advocates for hateful rhetoric or conduct constituting a hate crime does so to the detriment of public safety and public order. The limitation of this right by designating Hizb ut-Tahrir as a prohibited hate group is necessary, appropriate and proportionate to prevent further engagement in, and advocating for, conduct constituting a hate crime.

Article 21 is also positively engaged by ensuring that targets and target groups of Hizb ut-Tahrir, can enjoy this and other rights without fear of harm or being subjected to violence.

The right to freedom of association in Article 22

Article 22 of the ICCPR provides the right to freedom of association with others. This protects the right of all persons to group together voluntarily for a common goal and to form and join an organisation. Article 22(2) provides that this right may be restricted where such restrictions are prescribed by law and necessary in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others. The Regulations limit the right to freedom of association by enlivening offences that prevent people from being members of or engaging in conduct in association with Hizb ut-Tahrir. Detering membership and other dealings with Hizb ut-Tahrir prevent the organisation from growing and spreading violent, hateful rhetoric, and engaging in hate crimes.

Due to the harm to the Australian community or parts of the Australian community posed by prohibited hate groups, it is reasonable, necessary and proportionate to limit the right of individuals to associate with Hizb ut-Tahrir. The limitations ensure public safety and protect the rights and freedoms of others.

General safeguards and accountability mechanisms

Whilst the Regulations may limit the right to freedom of expression, the right to freedom of association with Hizb ut-Tahrir and the right to peaceful assembly, the Regulations are subject to the safeguards outlined below. The limits on these rights are reasonable, necessary and proportionate, and are in the interests of protecting the Australian community or part of the Australian community against physical, psychological and social harm caused by the activities of Hizb ut-Tahrir.

The Criminal Code provides safeguards and accountability mechanisms requiring prior consultation and enabling review of the Regulations, including the following:

• under subsection 114A.5(2) of the Criminal Code the AFP Minister may consider recommending that the Governor‑General makes a prohibited hate group regulation specifying the organisation only if the AFP Minister has received advice from the Director‑General of Security in accordance with subsection 114A.5(1).
• under section 114A.5 the Director-General of Security can only make such a recommendation if satisfied that:
  • the group’s activities, or continued engagement in activities would or are likely to increase the risk of politically motivated violence, or of the promotion of communal violence, or
  • the group has advocated for or engaged in politically motivated violence, or engaged in the promotion of communal violence, or engaged in activities that indicate a risk that the organisation may advocate for or engage in politically motivated violence, or engage in the promotion of communal violence, in the future.
• under subsection 114A.6(a) of the Criminal Code the AFP Minister must obtain the agreement of the Attorney-General in relation to the proposed Regulations.
• under subsection 114A.6(b) of the Criminal Code the AFP Minister must arrange for the Leader of the Opposition to be briefed in relation to the proposed Regulations.
• the Regulations may be reviewed at any time by the Parliamentary Joint Committee on Intelligence and Security under subsection 114A.9(2) of the Criminal Code; and
• both Houses of Parliament may disallow the Regulations within 15 sitting days after the Regulations are laid before that House, as provided for in section 38 of the Legislation Act 2003 and noting that this period may be extended by operation of subsection 114A.9(4) of the Criminal Code if the Parliamentary Joint Committee on Intelligence and Security reviews the Regulations.

Conclusion

The Regulations are compatible with human rights because they promote the protection of human rights. To the extent that the Regulations may limit human rights, those limitations are for a legitimate purpose and are reasonable, necessary and proportionate.

The Hon Julian Hill MP

Assistant Minister for Citizenship, Customs and Multicultural Affairs