THE HON MARK DREYFUS KC MP
ATTORNEY-GENERAL
CABINET SECRETARY
MEMBER FOR ISAACS
Albanese Government acts against hatred and violence
No Australian should be targeted because of who they are or what they believe.
The Albanese Government has introduced legislation to create new criminal offences and strengthen protection against hate crimes.
The Criminal Code Amendment (Hate Crimes) Bill 2024 will make clear that urging or threatening force and violence is unacceptable and will be subject to serious criminal penalties.
The Bill will create new criminal offences for directly threatening the use of force or violence against a group or a member of a group.
It will be a serious criminal offence to threaten to use force or violence against a group, or a member of a group, where a reasonable member of the targeted group would fear that the threat will be carried out. This will carry a maximum penalty of 5 years imprisonment.
There will be a higher maximum penalty of 7 years imprisonment where the threat to use force or violence, if carried out, would threaten the peace, order and good government of the Commonwealth.
The Bill will also strengthen existing criminal offences which prohibit a person urging another person to use force or violence against a group or member of a group. It will:
- Make it a criminal offence where the person is reckless as to whether the force or violence urged against a group will occur; and
- Remove the existing defence for acts done in good faith. There are no circumstances where urging force or violence against a targeted group or its members can be done in good faith.
These offences will continue to carry a maximum penalty of 5 years imprisonment, and where the force or violence would also threaten the peace, order and good government of the Commonwealth, it will carry a maximum penalty of 7 years imprisonment.
We proudly live in a vibrant, multicultural and diverse community which we must protect and strengthen.
These offences will protect groups, or members of groups, distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion.
This Bill also strengthens the Albanese Government’s landmark laws which criminalised the public display of Nazi and terrorist organisation symbols, and the Nazi salute.
Those laws made it an offence to display those symbols where it is likely to offend, insult, humiliate, or intimidate a member of a group distinguished by certain attributes.
The Bill will expand the list of groups to include those distinguished by sexual orientation, gender identity and intersex status. This accords with Australia’s international human rights obligations and complements existing civil protections in the Sex Discrimination Act 1984.
We are sending a clear signal to those who seek to divide us. There is no place in this country for hate crimes. There is no place for behaviour that seeks to divide our community.
The Albanese Government is acting to keep the community safe and ensure that people are free to live their lives safe and freely.
I look forward to support across the Parliament for these important reforms.
Thursday, 12 September 2024
