SENATOR KATY GALLAGHER
MINISTER FOR FINANCE
MINISTER FOR WOMEN
MINISTER FOR THE PUBLIC SERVICE
MINISTER FOR GOVERNMENT SERVICES
SENATOR FOR THE AUSTRALIAN CAPITAL TERRITORY
E&OE TRANSCRIPT
RADIO INTERVIEW
ABC BREAKFAST
THURSDAY, 15 JANUARY 2026
SUBJECT: Combatting Antisemitism, Hate and Extremism Bill.
ROSS SOLLY, HOST: So, a lot of debate already about the Government's approach to the new hate laws, the new gun buyback laws, and it seems with every day that passes, more and more people are now lining up to say it’s too rushed, it’s too much of a clamp down on free speech. And it seems more and more politicians are siding with the anti-movement to clamp down on these sorts of laws, certainly with the anti-movement to rush it through in two days. Senator Katy Gallagher is, of course, ACT Labor Senator, and joins us. Senator Gallagher, good morning to you, and happy new year to you.
SENATOR KATY GALLAGHER, MINISTER FOR FINANCE: Good morning, Ross, to you and your listeners. And yes, Happy New Year to you too.
SOLLY: So today we read that free speech advocates, civil libertarians, religious groups, the Liberal Party, the National Party and a few more, all lining up to say: you’re rushing this, this is too fast, you’ve got to take time, we’ve got to get it right.
GALLAGHER: Well, we’ve been clear, I think, for the past month that we’ve been working on laws to clamp down on hate speech and to respond to the Bondi terrorist attack, the antisemitic terrorist attack that happened on the 14th of December. And we have a committee process underway, we’re looking at the feedback we’re getting, the committee process is genuine. A bit surprised about the Liberals and Nationals, because they’ve been calling for Parliament to be recalled since before Christmas to deal with laws in response to the Bondi terror attack. But we’ll continue to work with all parties and all organisations around getting these laws through, but we remain focused on getting them done next week.
SOLLY: Look, they say: yes, it’s great you’re bringing Parliament back, but why the rush? Why does it have to be done in two days?
GALLAGHER: Well, we’re responding to the Bondi terror attack, where 15 Australians were murdered on Bondi Beach, and it was an antisemitic terrorist attack, and I think that requires a strong response from the Parliament and from the Government. We’ve been working on these laws, including in consultation with leading Jewish groups, but also through a consultation process now, through the committee process and other processes, to work with groups to make sure that we can get as much agreement as we can on this legislation before seeking to pass it.
SOLLY: Look, I think everyone agrees it’s incredibly important. But again, the question is why does it have to be rushed through in two days? By the way, one of those days will be taken up, I understand, with condolence motions etcetera, so really one day of debate. Why the rush?
GALLAGHER: Well, because I think we want to respond to what happened in December, and we want to respond quickly.
SOLLY: You could do that in a week though. You could put a week aside, and then no one could say no one’s had the chance to actually debate this and talk it through properly.
GALLAGHER: Well, we’ve released the Bill on Monday, that provides a full week. There are hearings underway by PJCIS, there are briefings by the public service to members of Parliament that want briefings happening. There are also consultations underway this week. That is a full week. One of the decisions we took, and this hasn’t always been the case from other governments when they’ve sought to respond with legislation quickly, is to provide an exposure draft and a full week ahead of the Parliament sitting to work on that and to take genuine feedback, and if people have genuine amendments that they think will make the Bill better, to be able to respond to that. That work is underway. I mean, we’ve been working on this all through Christmas and New Year, the Attorney-General, the Minister for Home Affairs, the public service, the NSC. We want a good process here as well, but we also want a strong response to what we saw happen on Bondi Beach. And I think there are many people across Australia who expect that as well.
SOLLY: Some of the critics are saying that this, in fact I’ll quote here from one of the respondents, this will inflict lasting damage on free expression, that you’ve gone too far, Katy Gallagher, that you are lowering the criminal thresholds, and you’re going to criminalise legitimate opinion. People who should have a right to have an opinion, to be able to speak their opinion, all of a sudden are going to be unable to do so. Are you worried at all? Do you think that is a concern, that suddenly our freedom of expression is going to be curtailed?
GALLAGHER: No, I don’t, and I think we’ve sought to find the balance. I’m not saying dealing with these issues is easy; if they were, they would have been dealt with. This is something that the Parliament has looked at over a number of years really. About how you manage the balance between free speech but not allow harm to be caused to certain groups within our community. So the legislation will crack down on those who spread hate, division and seek to radicalise, including minors, in the community. And we did pass some hate laws last year or I think it might’ve been in 2023, and this will build upon those. But, yeah, we’re seeking to get the balance right and avoiding those unintended consequences. But free speech and causing harm, using speech to cause harm to particular groups in the community, that is what this legislation seeks to balance. And we will work with the Parliament, including through this committee, if people want to consider other ways of doing it.
SOLLY: I mean, I haven’t read your legislation, Katy Gallagher, but from what I’m reading or what I’m hearing, there’s a concern that if people attend rallies, for example, and people quote what’s said at the rallies etcetera, that may fall under the new Act. There has to be still some forms of freedom of speech, doesn’t there? And we can’t just clamp down on that; we can’t just open it up to people being able to claim all the time that they’ve been abused under the new laws.
GALLAGHER: Well, that’s why these are very targeted around hate speech, and around the penalties for hate crimes that we already have. So looking at how we increase that as a deterrent, to say these are crimes that the community views as serious and therefore there should be serious penalties attached to it. Looking at how hate speech impacts by intimidation or harassment. But the Bill does a lot more than that, Ross, too. It looks at how we can strengthen the ban on prohibited symbols. It looks at how we can cancel or refuse visas for people who spread hatred. It looks at some of those groups, and we’ve seen some of, in even the last week in response to these Bills, some of the groups that we have been concerned about, and the security agencies have been concerned about, disbanding ahead of these laws coming in. That has to be a good thing, Ross.
SOLLY: Although some are suggesting they will just push them underground, and then in fact it’ll be harder to police it.
GALLAGHER: Well our security agencies respond to a lot of that already and will continue to do so about, you know, groups that might operate below the line. But it does send a very strong message that the community does not condone membership of organisations like this. And so what, are we going to delay it and see those groups reform? I mean, these are some of the issues that we are trying to deal with right now, and there is a sense of urgency about it, which is why we would like these laws passed next week.
SOLLY: And if it requires splitting the Bill so that you don’t lump hate speech in with the gun laws, which is what the Nationals want, and some others have said, can you just deal with the hate speech first and foremost, would you consider doing that, Katy Gallagher? Is that not up for discussion?
GALLAGHER: Well, we’ve drafted the Bill together because it’s drafted as a comprehensive response to what we saw at Bondi, where the use of guns was central to what occurred and the murders of Jewish Australians on that beach. So it wasn’t only an antisemitic attack; it was an antisemitic attack with guns.
SOLLY: Yeah, but to get the Bill, for the sake of getting the Bill through, would you consider splitting it, or not?
GALLAGHER: Well, we’ve drafted it as a complete Bill. We’ve got a committee process underway. We’re engaging with members of Parliament this week. But our intention is to deal with it as one Bill. And this idea that guns are not related to Bondi is just absolutely ridiculous. And so, you know, a strong response on guns, and I think if you ask most Australians, I’ve been talking to a lot of them over the break, as you would imagine because this issue has been topical. Most Australians want to see a reduction in the numbers of guns on our street, and this is the way to do it.
SOLLY: Senator Katy Gallagher, good to speak to you this morning. Thank you.
GALLAGHER: Thanks Ross
