The Bill reverses most of the measures introduced by the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026. Specifically, it repeals the National Gun Buyback Scheme and restores the Criminal Code Act 1995 and Customs Act 1901 to their prior states regarding firearms information sharing and carriage service offences. From the explanatory memo:
The 2026 Act was passed in January 2026 under a significantly expedited process... The Government has not secured national agreement to its changes. Only New South Wales and the Australian Capital Territory have agreed to participate in the National Gun Buyback Scheme... The result is continuing uncertainty for licensed firearm owners, licensed dealers and other affected businesses.The Bill does not, however, repeal the expanded background checks or the prohibitions on extremist material introduced by the 2026 Act. It also removes undisclosed Commonwealth expenditure from the contingency reserve and saves approximately $5.8 million per year in ongoing funding to the Department of Home Affairs [Explanatory Memo page 2].
The primary justification for this Bill is the lack of evidence that the 2026 Act's restrictive measures were necessary for public safety. The Explanatory Memorandum notes that the Interim Report of the Royal Commission on Antisemitism and Social Cohesion found existing frameworks "did not hinder agencies" from responding to threats [Judgment]. Therefore, the 2026 Act represents an unnecessary encroachment on the rights of law-abiding citizens.
Furthermore, the failure to secure national agreement from most states and territories renders the National Gun Buyback Scheme practically unworkable. Proceeding with a fragmented system creates legal uncertainty and administrative chaos for licensed owners and businesses. Restoring the "settled position" of the law respects the federalist structure of Australian firearms regulation and ensures that legislative changes are proportionate and evidence-based rather than reactive [Judgment].[1]
The EM cites the Interim Report of the Royal Commission on Antisemitism and Social Cohesion as evidence that existing laws were sufficient.
The 2026 Act was a response to significant security threats and violent incidents, such as the Bondi attack. Repealing these measures risks undermining public safety by halting the reduction of firearms in the community through the buyback scheme. From a utilitarian perspective, the potential reduction in lethal violence outweighs the administrative inconvenience or property interests of individual owners [Judgment].
Additionally, the "Hobbesian" duty of the state is to ensure the security of its citizens. By rolling back enhanced controls on the importation of firearms and the transmission of criminal intelligence, the Commonwealth may be weakening its ability to prevent future acts of extremism or mass violence. A unified national approach, even if initially met with resistance from some states, is preferable to returning to a status quo that was deemed insufficient in the wake of national tragedy [Judgment].
2026-08-13
Senate
Before Senate
MCKENZIE, Sen Bridget
Unspecified
Criminal Law Reform, National Security, Taxation