Senate Division 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

Negatived 12 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

Divisions this sitting day

Every division the Senate held that day, in order; the one on this page is marked.

Division 1 Bills — Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Bill 2026; Limitation of Debate Negatived Senate 28–34
Division 2 Bills — Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Bill 2026; Limitation of Debate Negatived Senate 29–33
Division 3 Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Bill 2026 - Limitation of Debate - Keep the parts unchanged Carried Senate 38–26
Division 4 Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Bill 2026 - Limitation of Debate - Nationals amendments Negatived Senate 28–36
Division 5 Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Bill 2026 - Limitation of Debate - Review of the Act Negatived Senate 29–33
Division 6 Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Bill 2026 - Limitation of Debate - Constitutional Affairs Legislation Committee Negatived Senate 29–33
Division 7 Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Bill 2026 - Limitation of Debate - Pass the bill Carried Senate 38–26
Division 8 Bills — Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026; Limitation of Debate Negatived Senate 16–43
Division 9 Bills — Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026; Limitation of Debate Negatived Senate 6–52
Division 10 Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Refer to Committee Negatived Senate 12–49
Division 11 Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Second Reading - Agree with bill's main idea Carried Senate 39–18
Division 12 Bills — Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026; Limitation of Debate Negatived Senate 26–36
Division 13 Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Additional safeguards for prohibited hate group decisions Negatived Senate 9–49
Division 14 Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Prohibited hate groups, nature of harm Negatived Senate 21–42
Division 15 Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Repealing mandatory minimum sentences for hate crime offences Negatived Senate 14–46
Division 16 Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Review and lawful political expression Negatived Senate 17–42
Division 17 Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Expand protections to other groups (religion, LGBTQIA+ and disability) Negatived Senate 13–50
Division 18 Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Character concerns and right to refuse visas Carried Senate 44–13
Division 19 Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Parliamentary approval Negatived Senate 12–46
Division 20 Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Cessation clause Negatived Senate 22–36
Division 21 Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Protected political speech and purpose and application of Act Negatived Senate 12–43
Division 22 Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 - Limitation of Debate - Pass the bill Carried Senate 38–22

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

Related bills

By party

Every vote

AYE (12)

NO (43)

Divisions this sitting day