NSW Police say a man has been charged following a protest in Sydney’s inner east on Australia Day.
In a statement police media said, ‘About 2.50pm (Monday 26 January 2026), police stopped a 31-year-old man on Bourke Street, Surry Hills, following allegedly inciteful comments he made during a speech at a protest in Moore Park’.
‘The man was taken to Surry Hills Police Station.
‘He was charged with publicly incite hatred on ground of race causing fear.
‘The 31-year-old man was refused bail to face Bail Division Court 7 tomorrow (Tuesday 27 January 2026)’.
NSW hate laws
NSW Police did not say what particular law will be applied to ‘publicly incite hatred on ground of race causing fear’, yet it appears to relate to new laws rushed through late last year, which amends the Crimes Act 1900 (NSW).
It assented on 2 March 2025, according to https://legislation.nsw.gov.au.
Australian Lawyers for Human Rights (ALHR) condemned it as ‘rammed through’ without referral to a parliamentary committee, ignoring NSW Law Reform Commission advice against new vilification crimes.
Legal experts, such as Professor Luke McNamara, Centre for Criminology Law and Justice, Faculty of Law and Justice, UNSW, noted it bypassed wide consultation, unlike slower reforms elsewhere (for example, Victoria took five years to enact similar laws).
The Justice and Equity Centre (JEC) raised concerns on the law’s potential disproportionate impact on vulnerable groups and unequal protections (race prioritised over religion or disability).
JEC Director Alastair Lawrie said at the time the ‘new criminal offence for inciting hatred is itself divisive because it excludes more groups than it actually protects’.
According to the NSW Department of Communities and Justice (DCJ, from 15 August 2025, it is a crime in NSW to intentionally incite hatred against a person or group because of their race (including colour, nationality, ethnicity, descent or ethno‑religious background), where it is done publicly and would make a reasonable target fear harassment, intimidation, violence or for their safety.
Penalties include up to two years’ imprisonment and fines.
In 2022, the NSW Liberal government created a specific offence in the Crimes Act 1900 for knowingly and without reasonable excuse publicly displaying a Nazi symbol, with maximum penalties of 12 months’ imprisonment or a fine (higher for corporations).
Penalties have since been strengthened in 2025 for Nazi‑related conduct near Jewish sites.
Under section 93ZA of the Crimes Act 1900, a person commits an offence if they knowingly display, by public act and without reasonable excuse, a Nazi symbol on or near a synagogue, a Jewish school or the Sydney Jewish Museum.
The maximum penalty in that aggravated setting: for an individual, 200 penalty units (around $22,000) or two years imprisonment, or both.
A separate, less serious offence applies where a person knowingly displays, by public act and without reasonable excuse, a Nazi symbol in other locations (i.e. not on or near those Jewish sites. The Act exempts displaying a swastika in connection with Buddhism, Hinduism or Jainism is not treated as displaying a Nazi symbol.
A ‘reasonable excuse’ explicitly includes displays done reasonably and in good faith for an academic, artistic or educational purpose, or for another purpose in the public interest.
In late 2025, the ABC reported, ‘The NSW Labor government announced amendments so that public conduct indicating support for Nazi ideology (including chants and slogans) will attract up to one year’s jail or an 11,000‑dollar fine, and up to two years or a 22,000‑dollar fine if committed near a synagogue, Jewish school or the Sydney Jewish Museum’.
The law allows ‘reasonable excuse’ defences, such as academic, artistic, educational or other good‑faith public‑interest uses, and it distinguishes these from extremist or hate uses.
Federal laws
And just last week, federal Labor passed rushed hate speech laws in parliament, leaving just two days for the public and experts to have their say.
The Combatting Antisemitism, Hate and Extremism Bill 2026 passed the Senate on 20 January 2026.
According to Labor, the January 15 deadline was set by the Parliamentary Joint Committee on Intelligence and Security (PJCIS), which reviewed the exposure draft urgently after its release around 13 January 2026.
The two-day submission window was called a ‘charade of consultation,’ preceding urgent parliamentary passage without full scrutiny – Amnesty noted missed chances for balanced protections covering all groups (e.g., Muslims, LGBTIQ+).
Civil liberty groups argued the racial vilification offence (publicly promoting/inciting hatred) is overly broad, and will capture legitimate political debate, like criticism of Israel or Zionism, conflated with antisemitism; it also lowers intent thresholds to recklessness, risking selective policing.
Additionally, prohibited hate group designations give the Home Affairs Minister unchecked power without procedural fairness or judicial oversight, potentially targeting protestors or informal associates.
New offences and penalties outlined in the law include publicly promoting or inciting racial hatred (based on race, colour, national or ethnic origin): five years imprisonment; Membership in a designated prohibited hate group: seven years imprisonment; Directing, recruiting for, or funding a prohibited hate group (knowing its status): up to 15 years imprisonment (10 years if reckless).
Aggravated offence for religious/spiritual leaders advocating or threatening violence against groups (distinguished by protected attributes): 10 years imprisonment (12 years if threatening Commonwealth peace/order).
According to www.theyvoteforyou.org.au/divisions/senate/2026-01-20/22, the Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 passed the Senate on 20 January, 2026 by 38 yes, to 22 no.
All Labor MLC’s voted in favour, along with nine Liberal senators. One Liberal MLC, Alex Antic, (SA) crossed the floor and voted no.
The vote split the National and Liberal alliance, with three Nats MLC’s voting against.
All 10 Greens MLCs voted against, as did Pauline Hanson’s One Nation’s three senators and United Australia Party’s Ralph Babet.
As for the lower house, there is no clear data available at time of publishing yet Labor’s majority of 77 seats ensured the bill’s assent to law.
For four decades The Echo has printed the stories some people loved, some people hated, and some pretended not to read. If you want us to keep telling the truth, the real truth, not the sugar-coated version. We’ll need your support to keep the presses rolling. 
