ACT Independent Senator David Pocock tonight voted against the Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026, containing reforms to hate speech and migration, and voted for the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) setting up a gun buyback scheme, additional import controls and further background checks and sharing of intelligence between agencies and jurisdictions.

Senator Pocock told the Senate his votes on each of the bills reflected the feedback from people in the ACT, acknowledging he called for parliament to return to start a legislative process not to ram through rushed laws that ignored feedback from experts, community leaders and citizens alike.

“Our job as parliamentarians is to listen, consult and vote on behalf of our communities. It’s a responsibility I take very seriously and have tried my best to do in the time available to consider this legislation,” Senator Pocock said.

“Ultimately the feedback from the Canberra community was very clear that they wanted action in response to the Bondi terror attack but did not support the rushed passage of complex legislation that risked getting things wrong while making significant changes to hate speech and migration laws.

“Canberrans want us to do more to stop antisemitism but are deeply concerned about laws that impinge on freedom of expression, including legitimate criticism of foreign governments, and the right to protest. 

“They also wanted any new protections in these laws to apply to everyone equally.

“Conversely, there was strong support across the Canberra community to pass the firearms reforms this week.

“I met with and heard legitimate questions and concerns from responsible, law-abiding firearms owners who must not be treated as collateral damage in our response to terrorism.”

“I moved as many amendments as I could in the time available to address concerns with both bills and thank those senate colleagues who supported them.

“I want to thank the thousands of people across the ACT who engaged with me in good faith to share their views on these bills.”

Senator Pocock held three community roundtables, conducted a community survey and received thousands of emails, hundreds of social media comments and dozens of phone calls about the exposure draft legislation in the week between the exposure draft legislation being released and receiving final copies of the bills on Tuesday morning ahead of late night votes in the senate.

The amendments Senator Pocock was able to move in the time available, which Senators Lambie, Payman, Thorpe* and Tyrrell co-sponsored, included:

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

• A second reading amendment capturing the concerns that were raised with the bill and the process for its consideration,  and proposing to refer the bill for a senate committee inquiry reporting back in February. 
• An amendment to repeal mandatory minimum sentences.
• An amendment to broaden the new aggravated sentencing provision to apply to other groups of people with protected attributes including religion, sex, sexual orientation, gender identity, intersex status and disability (as moved by the Member for Wentworth Allegra Spender in the House of Representatives)
• An amendment to clarify that the new aggravated sentencing provision does not apply to instances involving criticism of the policies, actions or institutions of a foreign state, or discussion of matters of international law
• An amendment to introduce procedural fairness into the migration changes.
• An amendment proposing a statutory review of the bill

None of the amendments were successful although some received support from a variety of senators (although none received support from Labor or the LIberals).

Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Bill 2026:

• A second reading amendment capturing the concerns that were raised with the bill and the process for its consideration, noting firearms reform can and should also help address the scourge of domestic violence and calling on the Government to ensure that the buyback schemes under this bill occur at a rate of fair market value, include ammunition, and include compensation for impacted businesses”. 
• An amendment proposing a statutory review of the bill 
• An amendment proposing to refer the bill to a senate committee for inquiry after it had passed.

All three of these amendments were supported by independents, Liberals, Nationals and PHON. All three were opposed by the Government and the Greens.

Senator Pocock acknowledges many more amendments were proposed by people he consulted on the bill that he was not able to have drafted in the available timeframe, as well as feedback that many had not had sufficient time to review the bill and propose amendments for consideration to have drafted.

*Note: Senator Thorpe did not cosponsor the broadening amendment on the hate speech bill, but did cosponsor the others