The prohibited hate group provisions were introduced into Australian law through the Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026. Under these provisions, the relevant legislative instrument listing Hizb ut-Tahrir as a prohibited hate group commenced on 6 March 2026.
The Parliamentary Joint Committee on Intelligence and Security subsequently conducted a review of the listing instrument as part of its oversight function. Having completed that review, the Committee found no grounds on which to disallow the listing. As a result, the designation of Hizb ut-Tahrir as a prohibited hate group under the Criminal Code remains in full force.
The listing carries significant implications in both the criminal law and migration contexts, given the intersection of the Criminal Code provisions with the Migration Act under the framework introduced by the 2026 Act.
