Support for Labor's hate speech laws appears to be on life support, with the Greens rejecting the bill in "its current form" and the Coalition labelling it "pretty unsalvageable".
The omnibus bill, to be debated in parliament next week, would introduce hate speech and racial vilification offences, give the federal government powers to proscribe hate groups, and lay the groundwork for a gun buyback scheme.
While neither the Greens or the Opposition have categorically ruled out supporting the bill at a future date, the government now faces an uphill battle to pass the bill in the upper house when parliament reconvenes early on Monday.
Greens senator Mehreen Faruqi said the party will not support the hate speech law as it currently stands.
"The legacy of the horrific and appalling violence in Bondi cannot be the undermining of political, civil and human rights or a law that can be weaponised against people who use their conscience to speak out against human rights abuses and atrocities in this country, or overseas," she told reporters on Thursday.
"This bill is broad, it is vast, and it is really complex. And we need to make sure that it is scrutinised and we do our due diligence on this bill," Faruqi said.
The suite of laws is a response to the Bondi terror attack last month, when two gunmen — who police allege were father and son Sajid and Naveed Akram — opened fire near a Hanukkah event, killing 15 people.
The minor party wants protections against inciting hatred extended to other community groups, including LGBTIQ+ people, a position Labor frontbenchers Mark Butler and Anne Aly support once the initial bill passes.
The Greens also raised concerns the legislation could have unintended consequences, raising concerns about provisions that will make it easier for the home affairs minister to cancel people's visas on character grounds.
Greens senator David Shoebridge warned visas could be cancelled or refused without "even the pretence of fair process", stating the party won't support legislation that "scapegoats migrants".
Prime Minister Anthony Albanese continues to call for "national unity" and a constructive approach to negotiations.
"This is a moment where people should be coming forward in good faith, and putting forward suggestions, engaging constructively," he said on Thursday afternoon.
He spoke of the perceived hypocrisy of the Opposition's criticisms of rushing legislation, given it repeatedly demanded that parliament be recalled and new measures introduced before Christmas.
While Ley claims the Opposition has not been consulted in drafting the reforms, Albanese maintains he has spoken multiple times with Ley, Greens leader Larissa Waters, and Wentworth MP Allegra Spender, whose electorate the attack occurred in.
The prime minister's remarks came hours after Opposition leader Sussan Ley labelled the laws "half-baked", stating the government had "clumsily" tried to address antisemitism and the rise of extremism, but ultimately, "the laws achieve neither of these things".
"The legislation does not address the real issues that gave rise to the Bondi attack," she told reporters on Thursday morning.
"It doesn't address Islamic extremism. It doesn't address [self-proclaimed Islamic State] influence. And it doesn't address the rise of antisemitism and the terrorist threat in Australia."
Peak Jewish group urges against 'wholesale rejection'
Executive Council of Australian Jewry (ECAJ) co-CEO Peter Wertheim said Australia needs legislative reform "even if it is less than ideal", and urged politicians not to reject the bill.
"Some of the Opposition's criticisms of the Bill are valid and repeat concerns which we ourselves have expressed about the Bill's shortcomings," he said in a statement.
"The ECAJ would urge the Coalition not to allow the perfect to become the enemy of the good.
"By all means seek to amend the Bill to remove its shortcomings, but a wholesale rejection of the Bill would not at all be warranted."
Ley's reservations include a lack of consultation with the community, rushing of legislation, a lack of buy-in for the gun buyback scheme from states and territories, and claims hate speech amendments go too far.
She also criticised a proposed carve-out for preachers if directly quoting religious texts for the purposes of discussion or education.
Ley stopped short of confirming the Opposition won't vote for the legislation, stating they will continue to scrutinise it ahead of its introduction to parliament on Monday.
"But from what we have seen so far, it looks pretty unsalvageable. As it stands, the government's proposal is half-baked and Australians deserve far better," Ley said.
She said the Coalition would advance its "own measures", but did not specify whether that would be via a private member's bill or amendments to the proposed legislation.
Released within days of the attack, the Opposition has pushed for implementing special envoy to combat antisemitism Jillian Segal's recommendations in full, including tackling antisemitism across university campuses and the arts, as well as enshrining a definition of antisemitism in the law.
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