Criminal Code Amendment (Hate Crimes) Bill 2024

Mr COLEMAN (Banks) (19:46): by leave—I move opposition amendments (1) to (4) on sheet 2, as circulated in my name, together: (1) Schedule 1, page 3 (before line 3), before item 1, insert: Crimes Act 1914 1A Section 16AAA (before table item 1) Insert: 1A offence against subsection 80.2BE(1) or (2) of the Criminal Code 1 year (2) Schedule 1, item 19, page 8 (after line 10), at the end of the item, add: 80.2BE Advocating force or violence through causing damage to property Offences (1) A person (the first person) commits an offence if: (a) the first person intentionally advocates for another person, or a group, to use force or violence against a group (the targeted group); and (b) the first person does so by causing damage to property; and (c) the first person does so reckless as to whether the force or violence will occur; and (d) the targeted group is distinguished by race, religion or ethnic origin; and (e) the use of force or violence would threaten the peace, order and good government of the Commonwealth.

Penalty: Imprisonment for 7 years. Note: For intention, see section 5.2. For recklessness, see section 5.4.

(2) A person (the first person) commits an offence if: (a) the first person intentionally advocates for another person, or a group, to use force or violence against a group (the targeted group); and (b) the first person does so by causing damage to property; and (c) the first person does so reckless as to whether the force or violence will occur; and (d) the targeted group is distinguished by race, religion or ethnic origin.

Penalty: Imprisonment for 5 years. Note: For intention, see section 5.2. For recklessness, see section 5.4.

(3) The fault element for paragraphs (1)(d) and (2)(d) is recklessness. Note: For recklessness, see section 5.4. (4) For the purposes of paragraphs (1)(d) and (2)(d), the person may have in mind a combination of attributes mentioned in those paragraphs.

Alternative verdict (5) Subsection (6) applies if, in a prosecution for an offence (the prosecuted offence) against subsection (1), the trier of fact: (a) is not satisfied that the defendant is guilty of the offence; but (b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence) against subsection (2). (6) The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

Meaning of damage (7) In this section: damage includes minor damage. Example: An offensive slogan painted on a building (advocating the use of force or violence against Jews) is damage for the purposes of this section. (3) Schedule 1, item 21, page 8 (line 17), omit ")", substitute "and 80.2BE)".

(4) Schedule 1, item 22, page 8 (after line 21), at the end of the item, add: (ce) subsection 80.2BE(2); or The issue of hate crimes in Australia has been absolutely appalling in recent months. We've all been shocked by what we've seen at the Adass Israel Synagogue, in Melbourne, most horrendously. We were shocked by the hate-filled words that we heard at the Sydney Opera House on that 9 October night of infamy; the graffiti attacks on Jewish buildings such as synagogues, including the Southern Sydney Synagogue, in Allawah, which is quite close to my electorate; the attacks on childcare centres; and, most gravely concerning of all, the recent discovery of explosives in Sydney with addresses of Jewish targets—absolutely appalling.

All Australians should be shocked and are shocked by this unprecedented display of hatred towards Jewish Australians. It is utterly unacceptable in our community. We talked earlier today about our grave concerns about the government's handling of this matter in the context of the debate on the broader bill.

For this evening's debate I highlight the amendments that we have moved, which focus on offences for advocating force or violence through causing damage to property. It's obviously an extremely serious thing to advocate force or violence in such a way. Our amendments would make various offences for intentionally advocating for another person or group to use force or violence against a targeted group or for being reckless in relation to the targeting of a group for violence through damage to property.

Our second amendment calls for imprisonment of up to seven years in these circumstances. These are extremely serious crimes. They should be treated as very serious crimes by this parliament, and that's why we've put forward these amendments.