On 20 January 2026, the Parliament passed a comprehensive package of reforms to further criminalise hateful conduct, and ensure that those that seek to spread hate, division and radicalisation are met with severe penalties. The legislative package saw the introduction of a new framework that enables the Australian Government to list an organisation engaged in hate crimes as a prohibited hate group.
The legislation also introduced several criminal offences under the Criminal Code that make it an offence to engage with prohibited hate groups in particular ways, namely:
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directing the activities of a prohibited hate group (see section 114B.1),
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membership of a prohibited hate group (see section 114B.2),
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recruiting people to participate in a prohibited hate group’s activities (see section 114B.3),
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providing, receiving or participating in training with a prohibited hate group (see section 114B.4),
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getting funds to, from or for a prohibited hate group (see section 114B.5), and
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providing support to
a prohibited hate group (see section 114B.6).
Under section 114A.2 of the Criminal Code, a prohibited hate group is only an entity that has been listed as one by the Australian Government.
Regulations listing prohibited hate groups continue indefinitely, unless there is a decision by the Australian Federal Police Minister to de-list an organisation.
Prohibited hate groups
There is one organisation currently listed as a prohibited hate group under the
Criminal Code.
For more information on the prohibited hate groups listing process, see
Prohibited hate groups.
