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Criminal Code (Prohibited Hate Group - Hizb ut-Tahrir) Regulations 2026

The Criminal Code (Prohibited Hate Group—Hizb ut-Tahrir) Regulations 2026 designate the organisation Hizb ut-Tahrir as a prohibited hate group under subsection 114A.2(1) of the Criminal Code Act 1995. The regulations were made under section 5 of the Act, which empowers the Governor-General to prescribe matters necessary to give effect to the Criminal Code.

The designation was made after the AFP Minister determined, on reasonable grounds and based on advice from relevant agencies, that Hizb ut-Tahrir has advocated conduct constituting hate crimes and that formally listing the organisation is reasonably necessary to protect the Australian community from social, psychological and physical harm. Evidence considered included instances where the organisation publicly praised attacks that would constitute hate crimes if carried out in Australia, including violence targeting Jewish people.

By specifying Hizb ut-Tahrir as a prohibited hate group, the regulations activate offence provisions in Division 114B of the Criminal Code, making it a criminal offence to engage in certain conduct connected with the organisation. These offences include directing the activities of the group, membership, recruiting individuals, providing training, supplying or receiving funds, and otherwise providing support to the organisation. The purpose of these measures is to prevent the group from operating in Australia and to limit the spread of its ideology.

The regulations commenced the day after registration on the Federal Register of Legislation and apply to all constituent elements of the organisation, including its local chapters and recognised aliases. They are exempt from the standard ten-year sunsetting provisions and remain in force unless revoked by ministerial decision, while remaining subject to parliamentary oversight and review by the Parliamentary Joint Committee on Intelligence and Security.

A statement of compatibility with human rights accompanies the instrument. While the regulations may limit certain rights, such as freedom of expression, association and peaceful assembly, the government considers these limitations necessary and proportionate to protect the community from hate-motivated harm and violence.

Source:  Criminal-Code-Prohibited-Hate-Group---Hizb-ut-Tahrir-Regulations-2026----The-regs.pdf and

Criminal-Code-Prohibited-Hate-Group---Hizb-ut-Tahrir-Regulations-2026 explanatory.pdf

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