NSW government to strengthen laws against anti-Semitism and inciting violence

The Minns government will clamp down on anti-religion, race violence and incitement, a move motivated by the anti-Semitic scenes since Hamas’s October 7 attacks.

The amendment, the Attorney-General said, was motivated by incidents seen since the October 7 attacks. Picture: David Swift

The Minns government will “streamline and strengthen” laws to clamp down on threats and incitement of violence based on race or religion, following an outbreak of anti-Semitic incidents since Hamas’s October 7 attacks.

NSW Premier Chris Minns’s move to improve existing legislation was first revealed by The Australian, citing government sources that there were concerns about the legislation’s effectiveness, and that no case had been successfully prosecuted under the provisions since it was introduced in 2018.

On Tuesday, Attorney-General Michael Daley introduced to state parliament a bill amending section 93Z of the Crimes Act, saying existing protections were unfit for purpose. It is expected to be debated next week.

The amendment would remove the requirement for NSW police to secure approval from the Director of Public Prosecutions before tabling charges.

“Particularly given the recent dynamic events, as a result of international tensions, this section is not fit for a modern society,” Mr Daley said.

NSW Attorney-General Michael Daley. Picture: Nikki Short

The prior DPP requirement, which the state Attorney-General said was not required in similar offences, such as displaying Nazi symbols, was described by Mr Daley as inducing “delay” and proving an obstacle to charges.

“Some of the alleged behaviour we’ve seen on Sydney streets has caused us within government to look at this provision and come to the conclusion it could be better improved,” he said.

It follows six weeks of anti-Semitic disturbances in NSW, particularly in Sydney.

On October 9, chants of “gas the Jews” were heard at the steps of the Sydney Opera House, which this publication later reported could be prosecutable under the act, if it was attributed to a person or group.

An Israeli flag is burned on October 9 outside the Opera House. Picture: Jeremy Piper

In November, The Australian revealed how two clerics from southwest Sydney had given radical sermons calling for jihad, recited parables that included calls to “kill Jews” and that if Muslims in the Middle East spat on Israel “the Jews would drown”.

The Australian understands that while the investigation was welcomed among religious groups, the threshold required to charge remained too high.

Mr Minns said there was “no room” for threats and incitement.

“NSW is the most successful multicultural state in the world but our community cannot take that for granted,” he said.

“If you’re going to have a law saying threats and incitement of violence are not allowed, then it needs to have teeth.”

NSW Premier Chris Minns. Picture: Jeremy Piper

The move was welcomed by Jewish groups, which had previously called for a rethink on the existing legislation.

“The proposed amendments, if passed into law, will remove a substantial roadblock to prosecuting – in a timely and effective manner – those who publicly threaten or incite violence,” NSW Jewish Board of Deputies president David Ossip said.

“Those who incite violence against others based on their race, religion or other immutable characteristics tear at the seams of what makes NSW the best place on earth to live.

“Such conduct is wholly inconsistent with Australian values and we are hopeful that those who espouse hate will soon be able to be prosecuted under an amended section 93z.”

The amendments would also include incitement, by a public act, towards people on the basis of their sexual orientation, gender, intersex status or if they were living with HIV.

When committed by an individual, the offence is punishable by a fine of up to $11,000, up to three years’ imprisonment, or both.

It is separate, and on top of, a recent amendment to the Anti-Discrimination Act 1977, which made it unlawful to, by a public act, incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons, because of their religious belief, affiliation or activity.