SenateDivision 21 · 20 Jan 2026

Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Protected political speech and purpose and application of Act

Not passed12 aye · 43 no

What this vote was about

The majority voted against amendments on sheet 3588 and sheet 3590 circulated by Victorian Senator Lidia Thorpe (Independent) and moved by WA Senator Fatima Payman (Australia's Voice), which means they failed.

Amendment text

Sheet 3588

(1) Schedule 2, item 4, page 45 (after line 19), after note 1, insert:

Note 1A: As per the judgement of the Federal Court in Wertheim v Haddad [2025] FCA 720, criticism of the practices, policies, and acts of the state of Israel, the Israeli Defence Force or Zionism is not inherently criticism of Jewish people and is protected political speech, not hate speech.

(2) Schedule 2, item 7, page 47 (after line 19), after note 1, insert:

Note 1A: As per the judgement of the Federal Court in Wertheim v Haddad [2025] FCA 720, criticism of the practices, policies, and acts of the state of Israel, the Israeli Defence Force or Zionism is not inherently criticism of Jewish people and is protected political speech, not hate speech.

(3) Schedule 2, item 10, page 49 (after line 17), after note 1, insert:

Note 1A: As per the judgement of the Federal Court in Wertheim v Haddad [2025] FCA 720, criticism of the practices, policies, and acts of the state of Israel, the Israeli Defence Force or Zionism is not inherently criticism of Jewish people and is protected political speech, not hate speech.

Sheet 3590

4 General provisions about the purpose and application of this Act

(1) The purpose of this Bill to provide protections from vilification for people experiencing systemic injustice and structural oppression, including Aboriginal and Torres Strait Islander people.

(2) Nothing in this Act is intended to limit or threaten the ability of people to engage in protected political expression as protected by Article 19 of the International Covenant on Civil and Political Rights done at New York on 16 December 1966.

(3) Nothing in this Act is intended to limit or threaten the self‑determination of Aboriginal and Torres Strait Islander peoples, as protected by:

(a) Article 1 of the International Covenant on Civil and Political Rights done at New York on 16 December 1966; and

(b) Article 1 of the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966; and

(c) the United Nations Declaration on the Rights of Indigenous Peoples adopted by the General Assembly of the United Nations on 13 September 2007.

(4) As per the judgement of the Federal Court in Wertheim v Haddad [2025] FCA 720, criticism of the practices, policies, and acts of the state of Israel, the Israeli Defence Force or Zionism is not inherently criticism of Jewish people and is protected political speech, not hate speech.

Context written by They Vote For You volunteers (ODbL), reproduced unchanged.

Related bills

Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026

By party

Party	Aye	No
Australian Labor Party	2	27
Liberal–National Coalition	0	14
Australian Greens	10	1
United Australia Party	0	1

Every vote

Other divisions this sitting day

What the Senate divided on around this vote, in order.

20 Jan 2026Bills — Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Bill 2026; Limitation of DebateSenate 28–34
20 Jan 2026Bills — Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Bill 2026; Limitation of DebateSenate 29–33
20 Jan 2026Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Bill 2026 - Limitation of Debate - Keep the parts unchangedSenate 38–26
20 Jan 2026Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Bill 2026 - Limitation of Debate - Nationals amendmentsSenate 28–36
20 Jan 2026Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Bill 2026 - Limitation of Debate - Review of the ActSenate 29–33
20 Jan 2026Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Bill 2026 - Limitation of Debate - Constitutional Affairs Legislation CommitteeSenate 29–33
20 Jan 2026Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Bill 2026 - Limitation of Debate - Pass the billSenate 38–26
20 Jan 2026Bills — Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026; Limitation of DebateSenate 16–43
20 Jan 2026Bills — Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026; Limitation of DebateSenate 6–52
20 Jan 2026Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Refer to CommitteeSenate 12–49
20 Jan 2026Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Second Reading - Agree with bill's main ideaSenate 39–18
20 Jan 2026Bills — Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026; Limitation of DebateSenate 26–36
20 Jan 2026Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Additional safeguards for prohibited hate group decisionsSenate 9–49
20 Jan 2026Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Prohibited hate groups, nature of harmSenate 21–42
20 Jan 2026Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Repealing mandatory minimum sentences for hate crime offencesSenate 14–46
20 Jan 2026Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Review and lawful political expressionSenate 17–42
20 Jan 2026Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Expand protections to other groups (religion, LGBTQIA+ and disability)Senate 13–50
20 Jan 2026Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Character concerns and right to refuse visasSenate 44–13
20 Jan 2026Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Parliamentary approvalSenate 12–46
20 Jan 2026Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Cessation clauseSenate 22–36
20 Jan 2026Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Pass the billSenate 38–22