The federal Albanese government has unveiled a massive legislative response to the Bondi terror attack, but significant political and legal obstacles lie ahead before the new laws can take full effect.
Swift legislative response faces parliamentary test
Less than a month after the Bondi massacre, the government has released more than 140 pages of draft legislation alongside a detailed explanatory memorandum. The omnibus bill targets anti-Semitism, hate speech, and gun laws in what Prime Minister Anthony Albanese has labelled his government's "toughest" measures yet.
However, passing the complex package is not guaranteed. The government aims for the bill to clear Parliament next Tuesday, but this depends heavily on cooperation from the Coalition and crossbench senators. While politicians broadly support stronger laws following the attack, consensus on the details is lacking.
The opposition has complained it was not adequately consulted on the sweeping bill. Internal Liberal Party divisions have emerged, with some backbenchers like Andrew Hastie concerned the proposals could undermine freedom of speech. Crossbench MPs, including Allegra Spender whose electorate covers Bondi, only saw the draft when it was made public.
Legal challenges loom as a near certainty
Even if the legislation passes Parliament, its journey is unlikely to end there. Legal experts warn that court challenges are almost inevitable. Associate Professor Ken Levy from the Australian National University suggests such challenges are a foregone conclusion.
The Islamic fundamentalist group Hizb ut-Tahrir has already indicated it will take legal action if designated a hate group under the new laws. Professor Levy notes other potential grounds for challenge include the bill's impact on freedom of political communication and whether its measures are a proportionate response to anti-Semitism.
The bill's structure, combining diverse legislative changes into one package, could be interpreted by courts as a hasty, reactive measure. Certain sections that waive requirements for procedural fairness are particularly contentious, as similar clauses have regularly been challenged in the past.
High Court could strike down key elements
While it is unlikely the entire legislative package would be invalidated, the High Court could declare specific elements unenforceable. If this occurs, the government must be prepared with alternative legislation to demonstrate it is treating the Bondi terrorist attack with appropriate seriousness.
The government faced immense pressure to act swiftly following Australia's worst terror event. With the world watching and political figures across the spectrum demanding Parliament's recall, drafting legislation quickly became inevitable.
The true test of this legislative package will be its reception in two key arenas: the parliamentary chambers where it must be passed, and the courtrooms where it will likely be tested. The Albanese government's work on this issue is far from finished.
