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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023-2024
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Criminal Code Amendment (Hate
Crimes) Bill 2024
No. , 2024
(Attorney-General)
A Bill for an Act to amend the
Criminal Code Act
1995
, and for related purposes
No. , 2024
Criminal Code Amendment (Hate Crimes) Bill 2024
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1
--
Amendments
3
Criminal Code Act 1995
3
No. , 2024
Criminal Code Amendment (Hate Crimes) Bill 2024
1
A Bill for an Act to amend the
Criminal Code Act
1
1995
, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Criminal Code Amendment (Hate Crimes) Act
5
2024
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Criminal Code Amendment (Hate Crimes) Bill 2024
No. , 2024
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
No. , 2024
Criminal Code Amendment (Hate Crimes) Bill 2024
3
Schedule
1--Amendments
1
2
Criminal Code Act 1995
3
1 Division 80 of the
Criminal Code
(heading)
4
Repeal the heading, substitute:
5
Division
80--Treason, urging or threatening violence,
6
advocating terrorism or genocide, and prohibited
7
symbols and Nazi salute
8
2 Section 80.1A of the
Criminal Code
9
Insert:
10
disability
has the same meaning as in the
Disability Discrimination
11
Act 1992
.
12
3 Paragraph 80.2A(1)(b) of the
Criminal Code
13
Omit "intending that", substitute "reckless as to whether".
14
4 Paragraph 80.2A(1)(c) of the
Criminal Code
15
After "religion,", insert "sex,
sexual orientation, gender identity,
16
intersex status,
disability,".
17
5 Subsection 80.2A(1) of the
Criminal Code
(at the end of the
18
note)
19
Add "For recklessness, see
section 5
.4.".
20
6 Paragraph 80.2A(2)(b) of the
Criminal Code
21
Omit "intending that", substitute "reckless as to whether".
22
7 Paragraph 80.2A(2)(c) of the
Criminal Code
23
After "religion,", insert "
sex, sexual orientation, gender identity,
24
intersex status, disability
,".
25
Schedule 1
Amendments
4
Criminal Code Amendment (Hate Crimes) Bill 2024
No. , 2024
8 Subsection 80.2A(2) of the
Criminal Code
(at the end of the
1
note)
2
Add
"For recklessness, see
section 5
.4.".
3
9 After subsection 80.2A(3) of the
Criminal Code
4
Insert:
5
(3A) For the purposes of paragraphs (1)(c) and (2)(c), the person may
6
have in mind a combination of attributes mentioned in those
7
paragraphs.
8
10 Subsection 80.2A(5) of the
Criminal Code
(note)
9
Repeal the note.
10
11 Paragraph 80.2B(1)(b) of the
Criminal Code
11
Omit "intending that", substitute "reckless as to whether".
12
12 Paragraph 80.2B(1)(d) of the
Criminal Code
13
After "religion,", insert "
sex, sexual orientation, gender identity,
14
intersex status, disability
,".
15
13 Subsection 80.2B(1) of the
Criminal Code
(at the end of
16
the note)
17
Add "For recklessness, see
section 5
.4.".
18
14 Paragraph 80.2B(2)(b) of the
Criminal Code
19
Omit "intending that", substitute "reckless as to whether".
20
15 Paragraph 80.2B(2)(d) of the
Criminal Code
21
After "religion,", insert "
sex, sexual orientation, gender identity,
22
intersex status, disability
,".
23
16 Subsection 80.2B(2) of the
Criminal Code
(at the end of
24
the note)
25
Add "For recklessness, see
section 5
.4.".
26
17 After subsection 80.2B(4) of the
Criminal Code
27
Insert:
28
Amendments
Schedule 1
No. , 2024
Criminal Code Amendment (Hate Crimes) Bill 2024
5
(4A) For the purposes of paragraphs (1)(d) and (2)(d), the person may
1
have in mind a combination of attributes mentioned in those
2
paragraphs.
3
18 Subsection 80.2B(6) of the
Criminal Code
(note)
4
Repeal the note.
5
19 After section 80.2B of the
Criminal Code
6
Insert:
7
80.2BA Threatening force or violence against groups
8
Offences
9
(1) A person commits an offence if:
10
(a) the person threatens to use force or violence against a group
11
(the
targeted group
); and
12
(b) the targeted group is distinguished by race, religion, sex,
13
sexual orientation, gender identity, intersex status, disability,
14
nationality, national or ethnic origin or political opinion; and
15
(c) a reasonable member of the targeted group would fear that
16
the threat will be carried out; and
17
(d) the threat, if carried out, would threaten the peace, order and
18
good government of the Commonwealth.
19
Note:
For intention, see section 5.2.
20
Penalty: Imprisonment for 7 years.
21
(2) A person commits an offence if:
22
(a) the person threatens to use force or violence against a group
23
(the
targeted group
); and
24
(b) the targeted group is distinguished by race, religion, sex,
25
sexual orientation, gender identity, intersex status, disability,
26
nationality, national or ethnic origin or political opinion; and
27
(c) a reasonable member of the targeted group would fear that
28
the threat will be carried out.
29
Note:
For intention, see section 5.2.
30
Penalty: Imprisonment for 5 years.
31
Schedule 1
Amendments
6
Criminal Code Amendment (Hate Crimes) Bill 2024
No. , 2024
(3) The fault element for paragraphs (1)(b) and (2)(b) is recklessness.
1
Note:
For recklessness, see section 5.4.
2
(4) Strict liability applies to paragraphs (1)(c) and (2)(c).
3
(5) For the purposes of paragraphs (1)(b) and (2)(b), the person may
4
have in mind a combination of attributes mentioned in those
5
paragraphs.
6
Alternative verdict
7
(6) Subsection (7) applies if, in a prosecution for an offence (the
8
prosecuted offence
) against subsection (1), the trier of fact:
9
(a) is not satisfied that the defendant is guilty of the offence; but
10
(b) is satisfied beyond reasonable doubt that the defendant is
11
guilty of an offence (the
alternative offence
) against
12
subsection (2).
13
(7) The trier of fact may find the defendant not guilty of the prosecuted
14
offence but guilty of the alternative offence, so long as the
15
defendant has been accorded procedural fairness in relation to that
16
finding of guilt.
17
Definitions
18
(8) In this section:
19
fear
includes apprehension.
20
80.2BB Threatening force or violence against members of groups
21
Offences
22
(1) A person (the
first person
) commits an offence if:
23
(a) the first person threatens to use force or violence against a
24
person (the
targeted person
); and
25
(b)
the first person does so because of the first person's belief
26
that the targeted person is a member of a group (the
targeted
27
group
); and
28
(c) the targeted group is distinguished by race, religion, sex,
29
sexual orientation, gender identity, intersex status, disability,
30
nationality, national or ethnic origin or political opinion; and
31
Amendments
Schedule 1
No. , 2024
Criminal Code Amendment (Hate Crimes) Bill 2024
7
(d) a reasonable member of the targeted group would fear that
1
the threat will be carried out; and
2
(e) the threat, if carried out, would threaten the peace, order and
3
good government of the Commonwealth.
4
Note:
For intention, see section 5.2.
5
Penalty: Imprisonment for 7 years.
6
(2) A person (the
first person
) commits an offence if:
7
(a) the first person threatens to use force or violence against a
8
person (the
targeted person
); and
9
(b)
the first person does so because of the first person's belief
10
that the targeted person is a member of a group (the
targeted
11
group
); and
12
(c) the targeted group is distinguished by race, religion, sex,
13
sexual orientation, gender identity, intersex status, disability,
14
nationality, national or ethnic origin or political opinion; and
15
(d) a reasonable member of the targeted group would fear that
16
the threat will be carried out.
17
Note:
For intention, see section 5.2.
18
Penalty: Imprisonment for 5 years.
19
(3) For the purposes of paragraphs (1)(b) and (2)(b), it is immaterial
20
whether the targeted person actually is a member of the targeted
21
group.
22
(4) The fault element for paragraphs (1)(c) and (2)(c) is recklessness.
23
Note:
For recklessness, see section 5.4.
24
(5) Strict liability applies to paragraphs (1)(d) and (2)(d).
25
(6) For the purposes of paragraphs (1)(c) and (2)(c), the person may
26
have in mind a combination of attributes mentioned in those
27
paragraphs.
28
Alternative verdict
29
(7) Subsection (8) applies if, in a prosecution for an offence (the
30
prosecuted offence
) against subsection (1), the trier of fact:
31
(a) is not satisfied that the defendant is guilty of the offence; but
32
Schedule 1
Amendments
8
Criminal Code Amendment (Hate Crimes) Bill 2024
No. , 2024
(b) is satisfied beyond reasonable doubt that the defendant is
1
guilty of an offence (the
alternative offence
) against
2
subsection (2).
3
(8) The trier of fact may find the defendant not guilty of the prosecuted
4
offence but guilty of the alternative offence, so long as the
5
defendant has been accorded procedural fairness in relation to that
6
finding of guilt.
7
Definitions
8
(9) In this section:
9
fear
includes apprehension.
10
20 Paragraphs 80.2H(7)(b), 80.2HA(7)(b) and 80.2K(6)(b) of
11
the
Criminal Code
12
After "
sex,
", insert "
sexual orientation, gender identity, intersex
13
status,
".
14
21 Subsection 80.3(1) of the
Criminal Code
15
After "and C", insert "(other than sections
80.2A, 80.2B, 80.2BA and
16
80.2BB)".
17
22 After paragraph 80.4(2)(c) of the
Criminal Code
18
Insert:
19
(ca) subsection 80.2BA(2); or
20
(cb) subsection 80.2BB(2); or
21