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Proposed Hate Crimes Legislation (Cth)
Proposed Hate Crimes Legislation (Cth)
In September 2024, the federal Attorney-General, Mark Dreyfus, introduced the Criminal Code Amendment (Hate Crimes) Bill 2024 into the federal parliament. The Bill seeks to strengthen commonwealth laws against hate crimes to preserve the value of tolerance in Australian society. This page outlines the proposed changes and some community responses to them.
Proposed new offences
The proposed legislation would create two new offences.
Threatening groups
Section 80.2BA would make it an offence to threaten to use force or violence against a group distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion if a reasonable member of the group would fear the threat being carried out.
This offence will carry a maximum penalty of imprisonment for seven years. If the carrying out of the threat would threaten the peace, good order and governance of the Commonwealth, the maximum penalty increases to seven years imprisonment.
Threatening members of groups
Section 80.2BB would make it an offence to threaten a person with force or violence because of a belief that the person is a member of a group distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion if a reasonable member of the group would fear the threat being carried out.
This offence will carry a maximum penalty of imprisonment for seven years. If the carrying out of the threat would threaten the peace, good order and governance of the Commonwealth, the maximum penalty increases to seven years imprisonment.
Proposed changes to offences
The legislation also seeks to amend a number of existing hate crimes provisions.
Under section 80.2A of the Criminal Code Act 1995, it is currently an offence to urge violence against groups distinguished by race, religion, nationality, national or ethnic origin or political opinion intending that violence will occur. The legislation would expand that provision to also include groups distinguished by sex, sexual orientation, gender identity, intersex status or disability.
Under section 80.2D of the Criminal Code Act 1995, it is an offence to urge violence against members of groups distinguished by race, religion, nationality, national or ethnic origin or political opinion intending that violence will occur. The legislation would expand that provision to also include groups distinguished by sex, sexual orientation, gender identity, intersex status or disability.
The legislation would also change the mental element for these two offences so that a person could be found guilty even if they were only reckless as to whether violence would occur, making the offences easier to prove.
Responses to the proposed changes
The government says the changes are necessary in response to the rise in antisemitic and Islamophobic rhetoric in recent months, as well as in consideration of the testimonies given before the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, and the abuse directed against LGBTIQ persons.
The strengthening of laws around hate crimes has been welcomed, but voices in the legal sector and broader community have called for the reforms to go further. Although the Bill criminalises the most extreme forms of hate speech – actually urging violence against a person or group – it does not criminalise vilification, inciting hatred, serious contempt or severe ridicule.
The Human Rights Law Centre has called for a uniform Anti-Discrimination Act and an Australian Human Rights Act, as well as comprehensive protections against vilification on the basis of race, religious belief, sexual orientation, gender identity, and disability.
LGBTIQ and Jewish groups have expressed disappointment that the Bill does not include protections against hate speech or vilification of their communities.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
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Fernanda Dahlstrom
Content Editor
Fernanda Dahlstrom has a Bachelor of Laws from Latrobe University, a Graduate Diploma in Legal Practice from the College of Law, a Bachelor of Arts from the University of Melbourne and a Master of Arts (Writing and Literature) from Deakin University. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory. She also practised in family law after moving to Brisbane in 2016.
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