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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Hate Crimes)
Bill 2020
A BILL FOR
An Act to amend the
Criminal
Law Consolidation Act 1935
and the
Sentencing
Act 2017
.
Contents
Part 2—Amendment of Criminal Law
Consolidation Act 1935
3Amendment of section 5AA—Aggravated
offences
Part 3—Amendment of Sentencing
Act 2017
4Amendment of section 11—Individual
sentencing factors
Schedule 1—Transitional
provisions
1Transitional provision—Criminal Law
Consolidation Act 1935
2Transitional provision—Sentencing
Act 2017
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Hate Crimes)
Act 2020.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Criminal Law Consolidation
Act 1935
3—Amendment
of section 5AA—Aggravated offences
(1) Section 5AA(1)—after paragraph (e) insert:
(ea) the offender committed the offence—
(i) as a result of, or for reasons related to, the offender's hatred for,
or prejudice against, a particular group or groups of people (including, without
limiting this paragraph, people of a particular race, religion, sex, sexual
orientation, gender identity or age, or people having an intersex variation or a
particular disability); and
(ii) knowing, or believing, that the victim was a member of that group or
groups,
(whether or not there were also other reasons for the commission of the
offence);
(2) Section 5AA—after subsection (2) insert:
(2aa) For the purposes of subsection (1)(ea)(i)—
(a) the question of whether a person hates, or is prejudiced against, a
particular group of people is to be determined according to the standards of
ordinary people; and
(b) the reasons (if any) for a person's hatred or prejudice a particular
group of people are to be disregarded.
Part 3—Amendment
of Sentencing
Act 2017
4—Amendment
of section 11—Individual sentencing factors
Section 11(1)—after paragraph (c) insert:
(ca) whether the offence was wholly or partly motivated by hatred for, or
prejudice against, a group of people to which the defendant believed the victim
belonged (including, without limiting this paragraph, people of a particular
race, religion, sex, sexual orientation, gender identity or age, or people
having an intersex variation or a particular disability);
Schedule 1—Transitional
provisions
1—Transitional
provision—Criminal Law Consolidation
Act 1935
Section 5AA(1)(ea) and (2aa) of the
Criminal
Law Consolidation Act 1935
(as enacted by this Act) will be taken not to apply in relation to an
offence committed before the commencement of this clause.
2—Transitional
provision—Sentencing
Act 2017
Section 11(1)(ca) of the
Sentencing
Act 2017
(as enacted by this Act) will be taken not to apply in relation to
sentencing for an offence that occurred before the commencement of this
clause.