Hate crackdown revealed as day of mourning announced

The federal government would have new powers to prescribe hate groups that currently fall below terrorist listing thresholds, with organisers, supporters and recruiters facing 15 years in prison while members face seven.

The beefed up hate laws create offences for publicly promoting or inciting racial hatred as the government vows to crack down on hate preachers following an Islamic State-inspired father-son duo killing 15 people at a Bondi Hanukkah celebration on December 14.

A day of mourning would take place on January 22, with flags flown at half-mast, Prime Minister Anthony Albanese announced on Tuesday.

"This will have a theme of light ... a gathering of unity and remembrance," he told reporters in Canberra.

People face five years behind bars if they promote or incite hatred against another person or group because of race, colour or national or ethnic origin, according to the legislation.

Aggravated offences include if a religious preacher is involved or if it targets children, as the government vows to tackle youth radicalisation.

Disseminating ideas of superiority over or hatred of another person or group because of their race, colour or national and ethnic origin is also an offence.

It would be an offence if "the conduct would, in all the circumstances, cause a reasonable person who is the target, or a member of the target group, to be intimidated, to fear harassment or violence, or to fear for their safety," the draft legislation states.

There are already concerns within the coalition about provisions of the hate speech bill, including a passage that exempts "directly quoting from or otherwise referencing a religious text for the purpose of religious teaching or discussion".

The apprehension within the coalition is this may fail to tackle some radical Islamic preachers who would be able to fall back on that defence.

Mr Albanese didn't explicitly address why religion wasn't included when asked about concerns from Muslim communities about Islamophobia not being adequately covered.

"We regard this as a moment where we need to emphasise that the Australian way is to ... allow people to express their faith and to go about their everyday activity without fear of vilification or an escalation into violence at any time," he said when asked about the omission.

Attorney-General Michelle Rowland added that "our focus is on combating anti-Semitism, and that's what this package of reforms seek to do".

Jewish people are considered an ethno-religious group, meaning they're protected under the race provision.

Grassroots group Muslim Votes Matter is creating a dedicated advocacy team to ensure the perspective of Muslim communities and the risks they face are represented to the royal commission into anti-Semitism and social cohesion.

The proposed omnibus legislation could also wedge the coalition as it includes gun reforms.

The draft laws create a national buyback scheme, and tighten imports of classes of firearms including assisted repeating and straight pull firearms, as well as suppressors and certain types of ammunition.

Background checks will also be strengthened and ownership will be contingent on being an Australian citizen.

Nationals MPs have already expressed reservations about gun control after the coalition was briefed on the legislation on Monday evening.

Opposition home affairs spokesman Jonno Duniam said some of the firearm importation provisions being pursued related to particular classes of guns, "and not ones that recreational or agricultural shooters should be worried about". 

"We will, as a coalition, work through the detail and make sure our position is a united one," he said.

Mr Albanese hasn't entertained the idea of splitting the bill, saying the laws addressed both the motivations of hate speech and the methods by which deadly attacks can be carried out. 

"The terrorists at Bondi Beach had hatred in their minds, but guns in their hands, and this bill will get rid of both of those issues," he said.

Australian Associated Press