2004-2005

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Crimes Act Amendment (Incitement to Violence) Bill 2005

(Ms Roxon)

A Bill for an Act to amend the Crimes Act 1914, to deal with threats and incitement because of race, colour, religion or national or ethnic origin

Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 1

3............ Schedule.............................................................................................. 2

Schedule 1—Amendment of the Crimes Act 1914                                               3

A Bill for an Act to amend the Crimes Act 1914, to deal with threats and incitement because of race, colour, religion or national or ethnic origin

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Crimes Act Amendment (Incitement to Violence) Act 2005.

2  Commencement

                   This Act commences on the day on which it receives the Royal Assent.

3  Schedule

                   The Crimes Act 1914 is amended as set out in Schedule 1.

Schedule 1—Amendment of the Crimes Act 1914

1  After Part IV

Insert:

PART IVA - CERTAIN OFFENCES BASED ON RACIAL AND RELIGIOUS HATRED

57  Reason for doing an act

                   If:

                     (a)  an act is done for 2 or more reasons;

                     (b)  one of the reasons is the race, colour, religion, or national or ethnic origin of a person; and

                     (c)  that reason is a substantial reason (whether or not it is the dominant reason) for doing the act;

                   then, for the purposes of this Part, the act is taken to be done because of the person’s race, colour, religion or national or ethnic origin.

58  Threats to cause physical harm because of race, colour, or national or ethnic origin prohibited

                   A person must not threaten to cause physical harm to another person or a group because of the race, colour, or national or ethnic origin of the other person or of some or all of the people in the group.

                   Penalty: Imprisonment for 2 years.

59  Threats to cause physical harm because of religion prohibited

                   A person must not threaten to cause physical harm to another person or a group because of the religion of the other person or of some or all of the people in the group.

                   Penalty: Imprisonment for 2 years.

60  Threats to property because of race, colour, or national or ethnic origin prohibited

                   A person must not threaten to destroy or damage property (other than property belonging to the person) because of the race, colour or national or ethnic origin of any other person or any group of persons.

                   Penalty: Imprisonment for 1 year.

61  Threats to property because of religion prohibited

                   A person must not threaten to destroy or damage property (other than property belonging to the person) because of the religion of any other person or any group of persons.

                   Penalty: Imprisonment for 1 year.

62  Incitement to commit violence or damage property because of race, colour, or national or ethnic origin prohibited

             (1)  A person must not, with the intention of inciting violence against another person or a group of people, or with the intention of inciting damage to property, do an act, otherwise than in private, if the act is:

                     (a)  reasonably likely, in all the circumstances, to incite violence against the other person or group of people; or damage to property, and

                     (b)  done because of the race, colour, or national or ethnic origin of the other person or of some or all of the people in the group.

                   Penalty: Imprisonment for 1 year.

             (2)  For the purposes of subsection (1), an act is taken not to be done in private if it:

                     (a)  causes words, sounds, images or writing to be communicated to the public; or

                     (b)  is done in a public place; or

                     (c)  is done in the sight or hearing of people who are in a public place

.            (3)  In this section:

                   ‘communicated to the public’ includes, but is not limited to, making words, sounds, images or writing available to be accessed on the internet; and

                   ‘public place’ includes any place to which the public have access as a right or by invitation, whether express or implied and whether or not a charge is made for admission to the place.

63  Incitement to commit violence or damage property because of religion prohibited

             (1)  A person must not, with the intention of inciting violence against another person or a group of people, or with the intention of inciting damage to property, do an act, otherwise than in private, if the act is:

                     (a)  reasonably likely, in all the circumstances, to incite violence against the other person or a group of people or damage to property; and

                     (b)  done because of the religion of the other person or of some or all of the people in the group.

                   Penalty: Imprisonment for 1 year.

             (2)  For the purposes of subsection (1), an act is taken not to be done in private if it:

                     (a)  causes words, sounds, images or writing to be communicated to the public; or

                     (b)  is done in a public place; or

                     (c)  is done in the sight or hearing of people who are in a public place

             (3)  In this section:

                   ‘public place’ includes any place to which the public have access as a right or by invitation, whether express or implied and whether or not a charge is made for admission to the place.

64  State and Territory laws not affected

This part is not intended to exclude or limit the concurrent operation of any law of a State or Territory.

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