Victorian Numbered Acts Victorian Numbered ActsAfter Division 2C of Part I of the Crimes Act 1958 insert —
In this Division—
"disability" has the same meaning as in section 4(1) of the Equal Opportunity Act 2010 ;
"gender identity "has the same meaning as in section 4(1) of the Equal Opportunity Act 2010 ;
"protected attribute" means any of the following attributes—
(a) disability;
(b) gender identity;
(c) race;
(d) religious belief or activity;
(e) sex;
(f) sex characteristics;
(g) sexual orientation;
(h) personal association (whether as a relative or otherwise) with a person who is identified by reference to any of the above attributes;
"race" has the same meaning as in section 4(1) of the Equal Opportunity Act 2010 ;
"religious belief or activity" has the same meaning as in section 4(1) of the Equal Opportunity Act 2010 ;
"sex characteristics" has the same meaning as in section 4(1) of the Equal Opportunity Act 2010 ;
"sexual orientation" has the same meaning as in section 4(1) of the Equal Opportunity Act 2010 .
(1) A person commits an offence if—
(a) the person engages in conduct that is likely to incite hatred against, serious contempt for, revulsion towards or severe ridicule of, another person or a group of persons; and
(b) the person engages in the conduct on the ground of a protected attribute of the other person or the group; and
(c) the person either—
(i) intends that conduct to incite hatred against, serious contempt for, revulsion towards or severe ridicule of, the other person or the group; or
(ii) believes that conduct will probably incite hatred against, serious contempt for, revulsion towards or severe ridicule of, the other person or the group.
(2) A person who commits an offence against subsection (1) is liable to 3 years imprisonment.
(3) For the purposes of subsection (1), the conduct may be constituted by a single occasion or by a number of occasions over a period of time.
(5) If conduct engaged in from outside Victoria is alleged to constitute an offence against subsection (1), every person against whom the offence is alleged to have been committed must have been in Victoria when at least some of the conduct was engaged in for the conduct to constitute that offence.
(6) Conduct that—
(a) is engaged in from outside Victoria; and
(b) is against a group of persons that is defined solely by the possession of a protected attribute—
does not constitute an offence against subsection (1).
Example
If a person in another State engages in conduct that is against all people of a certain race, whether or not those people are within Victoria, that conduct does not constitute an offence against subsection (1).
(7) If any of the conduct alleged to constitute an offence against subsection (1) is engaged in from within Victoria, it does not matter whether a person against whom the offence is alleged to have been committed was outside Victoria at that time.
(1) A person commits an offence if—
(a) the person threatens—
(i) physical harm towards another person or a group of persons; or
(ii) to damage property of, or otherwise related to, another person or a group of persons; and
(b) the person threatens the physical harm or the property damage on the ground of a protected attribute of the other person or the group; and
(c) the person either—
(i) intends that the other person or a person of the group will believe the threat will be carried out; or
(ii) believes that the other person or a person of the group will probably believe the threat will be carried out.
(2) A person who commits an offence against subsection (1) is liable to level 6 imprisonment (5 years maximum).
(3) If a threat made from outside Victoria is alleged to constitute an offence against subsection (1), the following persons or property must have been in Victoria when the threat was made for the threat to constitute that offence—
(a) in the case of a threat to physically harm a person or a group of persons, that person or group; or
(b) in the case of a threat to damage property, that property.
(4) If a threat that is alleged to constitute an offence against subsection (1) is made from within Victoria, it does not matter whether the following persons or property were outside Victoria at that time—
(a) in the case of a threat to physically harm a person, that person; or
(b) in the case of a threat to physically harm a group of persons, any of those persons; or
(c) in the case of a threat to damage property, that property.
In determining whether a person has committed an offence against section 195N(1) or 195O(1), it is irrelevant that the person was incorrect about—
(a) a protected attribute of the other person or group of persons; or
(b) whether the other person or group of persons had a particular protected attribute.
(1) A prosecution for an offence against section 195N(1) or 195O(1) may only be commenced by or with the consent of the Director of Public Prosecutions.
(2) In determining whether an offence against section 195N(1) or 195O(1) is to be prosecuted, the Director of Public Prosecutions must take into account all the circumstances (including the social, cultural and historical circumstances) surrounding the conduct that is alleged to constitute the offence.
(1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer—
(a) authorised or permitted the commission of the offence by the body corporate; or
(b) was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the body corporate.
(2) For the purposes of subsection (1), the following provisions are specified—
(a) section 195N(1);
(b) section 195O(1).
(3) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear.
(4) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision.
(5) In this section—
"body corporate" has the same meaning as corporation has in section 57A of the Corporations Act;
"officer", in relation to a body corporate, means—
(a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or
(b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate.
(6) This section does not affect the operation of Subdivision (1) of Division 1 of Part II of this Act.".
Part 3—Amendment of Equal Opportunity Act 2010
Division 1—Prohibition of vilification