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AAP
AAP
Politics
Grace Crivellaro

Religious text carve out in hate speech laws 'narrow'

MPs have grilled department figures on whether hate laws would apply to common protest chants. (Sitthixay Ditthavong/AAP PHOTOS)

The quoting of religious texts would be a very specific and narrow exemption to sweeping hate speech laws brought in due to the Bondi terror attacks, an inquiry has heard.

Draft laws have proposed to criminalise hate speech, racial hatred and radicalisation following the Bondi Beach terror attack that claimed 15 lives at a Hanukkah event on December 14.

In its current form, new offences for aggravated hate speech and serious vilification, which will brought to parliament for debate on Monday, will not apply to quoting or referencing religious texts for the purpose of religious teaching or discussion.

The defence to the hate speech overhaul was probed during a parliamentary committee inquiry into the proposed laws on Tuesday.

Attorney-General's Department deputy secretary Sarah Chidgey
Attorney-General's Department deputy secretary Sarah Chidgey said the carve-out would be narrow. (Lukas Coch/AAP PHOTOS)

Senator Michaelia Cash asked what safeguards were in place to prevent extremists from weaponising quotations from religious texts to say "disgraceful things" about Jewish people under the defence.

Sarah Chidgey, the deputy secretary of the Attorney-General's Integrity and Security Group, said the conduct would only apply to direct quoting for the sole purpose of religious teaching or discussion.

"Any extraneous commentary statements that are outside simply a direct quote would not be protected by that defence," Ms Chidgey said.

"It is a very specific defence."

Parliament will sit on January 19 and 20, two weeks earlier than scheduled to return in order to push the bill through.

Representatives from the Australian Federal Police and ASIO will also give evidence on the proposed laws later on Tuesday.

Senator Jonathon Duniam
Senator Jonno Duniam asked whether common protest chants would be outlawed by the changes. (Lukas Coch/AAP PHOTOS)

Any surrounding conduct would be considered for the purpose of the offence, the inquiry heard.

"If anyone was quoting for other purposes, the incitement of hatred and their surrounding conduct indicated that the defence wouldn't be available," said Luke Muffett, assistant secretary of the group's national security and criminal Law branch.

Senator Cash and Senator Jonathon Duniam asked whether chants such as "globalise the intifada" and "from the river to the sea" would be criminalised under new hate speech laws.

"It's not possible for us to comment on particular fact scenarios," Ms Chidgey said.

"For all of the offences, they cover particular conduct, but they also go to the mind of the offender as well."

Barrister
An inquiry into hate laws has been told some issues will be up to the courts and depend on the case. (Dean Lewins/AAP PHOTOS)

Ms Chidgey added it was for the court to consider all of the facts and evidence of each case.

New offences over the incitement of hatred and dissemination of ideas of hatred of individuals or groups because of their "race, colour, or national or ethnic origin".

This does not apply to conduct consisting only of "directly quoting from, or otherwise referencing, a religious text for the purpose of religious teaching or discussion".

Senator Cash repeatedly asked for specific examples of "religious texts", but the attorney-general's department representatives stated the term was left open to take its "ordinary meaning".

The bill also contains amendments to firearms legislation including the establishment of a national gun buyback scheme and strengthening background checks.

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