“We welcome Australia’s decision to pass legislation against hate crimes in response to the alarming rise in antisemitism,” Israel’s foreign ministry said in a statement. “No Jew in Australia — or anywhere in the world — should have to live in fear.”

Liberal home affairs spokesperson James Paterson (right, with Opposition leader Peter Dutton), said the Coalition has led efforts to toughen terrorist act laws. Source: AAP / Lukas Coch

As Home Affairs Minister Tony Burke revealed Labor’s position on Wednesday night, he said the changes “send a message to the nation that these forms of hatred are not who we are”.

“This practice does not reduce crime but does undermine the independence of the judiciary, leads to unjust outcomes and is often discriminatory in practice,” the 2023 document reads.

While the amendment passed with Coalition, government and some independent support, the Greens and other crossbenchers voted against it.

Why some view minimum sentencing as ‘deeply problematic’

He told SBS News that while there are instances of mandatory sentencing under Australian criminal law, they have always been “hugely controversial”.

[Our laws] recognise that judges should make the independent decision about what a person’s sentence should be,” he said, with judges “taking into account all circumstances”.

“In fact, it can be downright dangerous for politicians to be deciding what punishments should be awarded in any case … [the courts] can apply a punishment fairly and effectively.”

With additional reporting by the Australian Associated Press.