Criminal Code Amendment (Hate Crimes) Bill 2024

Mr COLEMAN (Banks) (20:25): by leave—I move amendments (1) to (4) on sheet 3 together, as circulated in my name: (1) Schedule 1, page 3 (before line 3), before item 1, insert: Crimes Act 1914 1A Section 16AAA (after table item 1) Insert: 1F offence against subsection 80.2BE(1) or (2) of the Criminal Code 12 months (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 These amendments relate to advocating force or violence through causing damage to property. We discussed these earlier this evening. These are very serious offences.

These amendments would create criminal offences with imprisonment of up to seven years, and I commend these amendments to the Chamber.