On the 5th of March 2025 Hizb ut-Tahrir was listed as a prohibited hate group under the Criminal Code.
The Parliamentary Joint Committee on Intelligence and Security (the Committee) has commenced a review into the listing.
Subsection 114A.8 of the Criminal Code provides that the Committee may review a legislative instrument specifying an entity as a prohibited hate group and report the Committee’s comments and recommendations to each House of the Parliament. The Committee aims to report before the end of the applicable disallowance period for each regulation. The disallowance period is 15 sitting days from the day the regulation is tabled in each House.
For an organisation to be listed as a prohibited hate group under the Criminal Code, the AFP Minister must be satisfied on reasonable grounds that
- has engaged in, prepared or planned to engage in, or assisted the engagement in conduct constituting a hate crime: or
- has advocated (whether or not in Australia) engaging in conduct constituting a hate crime, other than an offence against section 80.2A, 80.2B, 80.2BC or 80.2BE (advocacy offences);
- specifying the organisation as a prohibited hate group is reasonably necessary to protect the Australian community or part of the Australian community against social, economic, psychological and/or physical harm, or from the promotion of violence.
The specification of Hizb ut-Tahrir as a prohibited hate group enlivens certain offences under Division 114B of Part 5.3B of the Criminal Code. These include offences for membership of Hizb ut-Tahrir, recruiting people to Hizb ut-Tahrir and offences that prevent Hizb ut-Tahrir raising or expending funds.
Details of the listing can be found at the following link:
The Committee invites written submissions to the inquiry by 17 April 2026. Further information about making a submission to a parliamentary committee is available here.
If your submission contains material that may be disturbing to readers, including photos or videos, please contact the secretariat to discuss, or include a clear warning in your email to us.