Australia’s federal government has introduced a draft hate speech and vilification bill that would impose criminal penalties for conduct that incites hatred on the basis of race or ethnicity, but the legislation’s inclusion of a contentious religious exemption has ignited debate across the political and community spectrum.

The proposed laws, brought forward amid heightened concerns about racially motivated violence and extremism following a deadly attack at Bondi Beach last year, aim to broaden protections against hate speech and give authorities new tools to proscribe organisations deemed to promote hatred.

A key point of contention in the bill is a clause that would provide a defence to prosecution if the person accused of inciting hatred can show their conduct consisted solely of directly quoting from, or referencing, religious texts “for the purpose of religious teaching or discussion.” Government officials told a parliamentary committee that, under the draft legislation, courts would ultimately determine what qualifies for such protection, acknowledging that judicial interpretation would play a central role.

The exemption has drawn criticism from some Jewish leaders and legal observers who argue that it could undermine the bill’s intent by sheltering hate speech under the guise of religious expression.

Members of the Coalition opposition have raised concerns that radical preachers might exploit the provision, citing passages from sacred scriptures in ways that could target minorities.

Some faith groups are wary that the carve-out could prompt inconsistent enforcement or create uncertainty about what constitutes legitimate religious discourse versus incitement.

Supporters of the government’s approach, including officials involved in drafting the legislation, contend that the exemption is necessary to protect genuine religious practice and avoid inadvertent criminalisation of doctrinal discussion.

Prime Minister Anthony Albanese has defended the principles-based framework, suggesting that balancing free expression with protections against hatred requires careful calibration and that the law would garner broad support among faith communities.

The bill also contains provisions to empower the nation’s intelligence chief to recommend that organisations be listed as hate groups under a lower threshold than existing terrorist designations, a measure seen as part of broader efforts to tackle extremist networks.

Jewish communal representatives have welcomed the government’s broader anti-hate reforms but urged further amendments to address perceived gaps, including protections against hatred based on religion, gender identity and sexual orientation.

Parliament is scheduled to debate the legislation in the coming days, with stakeholders from legal, religious and civil society circles watching closely as the discussion unfolds.