New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Anti-Discrimination Amendment (Religious
Vilification) Bill 2023
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Anti-Discrimination Act 1977 No 48 3
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2023
New South Wales
Anti-Discrimination Amendment (Religious
Vilification) Bill 2023
Act No , 2023
An Act to amend the Anti-Discrimination Act 1977 to make it unlawful to vilify a person or group
of persons on the ground of religious belief or affiliation or religious activity.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Anti-Discrimination Amendment (Religious Vilification) Bill 2023 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Anti-Discrimination Amendment (Religious Vilification) Act 2023.
2 Commencement
This Act commences on the day that is 3 months after the date of assent to this Act.
Page 2
Anti-Discrimination Amendment (Religious Vilification) Bill 2023 [NSW]
Schedule 1 Amendment of Anti-Discrimination Act 1977 No 48
Schedule 1 Amendment of Anti-Discrimination Act 1977 No
48
Part 4BA
Insert after section 49ZC--
Part 4BA Religious vilification
49ZD Definitions
In this part--
public act includes--
(a) a form of communication to the public, including speaking, writing,
printing, displaying notices, broadcasting, telecasting, screening and
playing of tapes or other recorded material, and
(b) conduct, not being a form of communication referred to in paragraph
(a), observable by the public, including--
(i) actions and gestures, and
(ii) the wearing or display of clothing, signs, flags, emblems and
insignia, and
(c) the distribution or dissemination of matter to the public with knowledge
the matter promotes or expresses hatred towards, serious contempt for
or severe ridicule of--
(i) a person on the ground the person has, or does not have, a
religious belief or affiliation, or
(ii) a person on the ground the person engages, or does not engage,
in religious activity, or
(iii) a group of persons on the ground the members of the group have,
or do not have, a religious belief or affiliation, or
(iv) a group of persons on the ground the members of the group
engage, or do not engage, in religious activity.
49ZE Religious vilification unlawful
(1) It is unlawful for a person, by a public act, to incite hatred towards, serious
contempt for or severe ridicule of--
(a) a person on the ground the person--
(i) has, or does not have, a religious belief or affiliation, or
(ii) engages, or does not engage, in religious activity, or
(b) a group of persons on the ground the members of the group--
(i) have, or do not have, a religious belief or affiliation, or
(ii) engage, or do not engage, in religious activity.
(2) Nothing in this section renders unlawful--
(a) a fair report of a public act referred to in subsection (1), or
(b) a communication or the distribution or dissemination of any matter on
an occasion that would be subject to a defence of absolute privilege,
whether under the Defamation Act 2005 or otherwise, in proceedings
for defamation, or
(c) a public act, done reasonably and in good faith, for academic, artistic,
scientific, research or religious discussion or instruction purposes or for
Page 3
Anti-Discrimination Amendment (Religious Vilification) Bill 2023 [NSW]
Schedule 1 Amendment of Anti-Discrimination Act 1977 No 48
other purposes in the public interest, including discussion or debate
about and expositions of an act or matter.
Page 4
[Index] [Search] [Download] [Related Items] [Help]