Hate Offences (NSW)

In February 2025, the New South Wales parliament passed the Crimes Amendment (Inciting Racial Hatred) Bill 2025 making it an offence to incite racial hatred in public. The new offence, which carries a maximum penalty of imprisonment for two years, is the latest in a series of measures that the NSW government has taken in response to a spate of arson and vandalism attacks aimed at the Jewish community. This page outlines the new laws and some related hate offences.

The offence of inciting racial hatred

Under section 93ZAA of the Crimes Act 1900, it is now an offence in New South Wales to intentionally incite hatred towards another person or group of persons on the ground of race by a public act if the public act would cause a reasonable person who was the target of the incitement of hatred, or a reasonable person who was a member of the group that was the target of the incitement of hatred to fear:

• harassment, intimidation or violence; or
• fear for the reasonable person’s safety.

This offence carries a maximum penalty of a fine of 100 penalty units or imprisonment for two years. If the offender is a corporation, the maximum penalty is a fine of 500 penalty units.

Places of worship

The New South Wales government has also passed the Crimes Amendment (Places of Worship) Amendment Act 2025, which makes it an offence to do certain things ‘in or near’ a place of worship. It also gives police the power to move on protesters in the vicinity of places of worship.

Under section 214B of the Crimes Act 1900, it is now an offence to:

• without reasonable excuse, intentionally block, impede or hinder a person accessing or leaving a place or worship or attempting to access or leave a place or worship; or
• harass, intimidate, or threaten a person accessing or leaving a place or worship or attempting to access or leave a place of worship.

This offence carries a maximum penalty of a fine of 200 penalty units, imprisonment for two years, or both.

Exceptions

The offence under 2014B does not apply to:

• industrial action
• conduct at Parliament House or at the office of a Member of Parliament
• conduct that is in accordance with consent by the police or the person in charge of the place of worship.

Police powers

The Crimes Amendment (Places of Worship) Act 2025 also gives the police the power to use their ‘move on’ powers under section 200 of the Law Enforcement (Powers and Responsibilities) Act 2002 in relation to a demonstration, assembly, protest or procession that is not authorised and is occurring in or near a place of worship. However, this authorisation does not apply to conduct that is industrial action or conduct at parliament house or at the office of a member of parliament.  

Displaying Nazi symbols

In 2022, New South Wales made it an offence to display a Nazi symbol. This offence, contained in section 93ZA of the Crimes Act 1900, carries a fine of 100 penalty units of imprisonment for 12 months. A number of prosecutions for this offence have occurred since its introduction.

Responses to the new hate offences

The introduction of the new hate offences has been met with criticism as well as approval.

While some community members have applauded the changes as providing greater protections for racial and religious minorities, others have argued that they are rushed and imprecise and unlikely to lead to a reduction in incidents motivated by racial or religious hatred.

Criticisms of the new offences include that the government has failed to define the word ‘near’ in relation to protests near places of worship. This is likely to lead to uncertainty among protestors (as well as among police) as to when an offence is being committed and when police powers may be used.

Other voices have criticised the laws for offering protections against hate crimes only when it occurs in relation to race and religion and not in other contexts, such as where hate is incited based on sexuality or gender identity.

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