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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023-2024-2025
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
As passed by both Houses
Criminal Code Amendment (Hate
Crimes) Bill 2025
No. , 2025
A Bill for an Act to amend the Criminal Code Act
1995, and for related purposes
No. , 2025
Criminal Code Amendment (Hate Crimes) Bill 2025
i
Contents
1
Short title ........................................................................... 1
2
Commencement ................................................................. 1
3
Schedules........................................................................... 2
Schedule 1--Amendments
3
Crimes Act 1914
3
Criminal Code Act 1995
3
Schedule 2--Mandatory minimum sentences and maximum
penalties
19
Crimes Act 1914
19
Criminal Code Act 1995
20
No. , 2025
Criminal Code Amendment (Hate Crimes) Bill 2025
1
A Bill for an Act to amend the Criminal Code Act
1
1995, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Criminal Code Amendment (Hate Crimes) Act
5
2025
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Criminal Code Amendment (Hate Crimes) Bill 2025
No. , 2025
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
No. , 2025
Criminal Code Amendment (Hate Crimes) Bill 2025
3
Schedule 1--Amendments
1
2
Crimes Act 1914
3
1A Section 16AAA (after table item 1)
4
Insert:
5
1F
offence against
subsection 80.2BE(1) or (2) of the
Criminal Code
12 months
Criminal Code Act 1995
6
1 Division 80 of the Criminal Code
(heading)
7
Repeal the heading, substitute:
8
Division 80--Treason, urging or threatening violence,
9
offences against groups or members of groups,
10
advocating terrorism or genocide, and prohibited
11
symbols and Nazi salute
12
2 Section 80.1A of the Criminal Code
13
Insert:
14
carer or assistant
has the same meaning as in the
Disability
15
Discrimination Act 1992
.
16
close associate
of a person means:
17
(a) in any case--a close family member of the person; or
18
(b) if the person is a person with a disability--a carer or assistant
19
in relation to the person.
20
close family member
has the same meaning as in Division 102.
21
damage
does not include minor damage.
22
disability
has the same meaning as in the
Disability Discrimination
23
Act 1992
.
24
Schedule 1
Amendments
4
Criminal Code Amendment (Hate Crimes) Bill 2025
No. , 2025
2A Subdivision C of Division 80 of Part 5.1 of the Criminal
1
Code (heading)
2
Omit "
Urging violence
", substitute "
Urging or threatening violence,
3
offences against groups or members of groups
".
4
2B Section 80.2A of the Criminal Code (heading)
5
Repeal the heading, substitute:
6
80.2A Advocating force or violence against groups
7
2C Paragraph 80.2A(1)(a) of the Criminal Code
8
Repeal the paragraph, substitute:
9
(a) the first person advocates the use of force or violence against
10
a group (the
targeted group
); and
11
3 Paragraph 80.2A(1)(b) of the Criminal Code
12
Omit "intending that", substitute "reckless as to whether".
13
4 Paragraph 80.2A(1)(c) of the Criminal Code
14
After "religion,", insert "sex, sexual orientation, gender identity,
15
intersex status, disability,".
16
5 Subsection 80.2A(1) of the Criminal Code (at the end of the
17
note)
18
Add "For recklessness, see section 5.4.".
19
5A Paragraph 80.2A(2)(a) of the Criminal Code
20
Repeal the paragraph, substitute:
21
(a) the first person advocates the use of force or violence against
22
a group (the
targeted group
); and
23
6 Paragraph 80.2A(2)(b) of the Criminal Code
24
Omit "intending that", substitute "reckless as to whether".
25
7 Paragraph 80.2A(2)(c) of the Criminal Code
26
After "religion,", insert "sex, sexual orientation, gender identity,
27
intersex status, disability,".
28
Amendments
Schedule 1
No. , 2025
Criminal Code Amendment (Hate Crimes) Bill 2025
5
8 Subsection 80.2A(2) of the Criminal Code (at the end of the
1
note)
2
Add "For recklessness, see section 5.4.".
3
9 After subsection 80.2A(3) of the Criminal Code
4
Insert:
5
(3A) For the purposes of paragraphs (1)(c) and (2)(c), the person may
6
have in mind a combination of attributes mentioned in those
7
paragraphs.
8
10 Subsection 80.2A(5) of the Criminal Code (note)
9
Repeal the note.
10
10A At the end of section 80.2A of the Criminal Code
11
Add:
12
Definitions
13
(6) In this section:
14
advocate
means counsel, promote, encourage or urge.
15
10B Section 80.2B of the Criminal Code (heading)
16
Repeal the heading, substitute:
17
80.2B Advocating force or violence against members of groups or
18
close associates
19
10C Paragraph 80.2B(1)(a) of the Criminal Code
20
Repeal the paragraph, substitute:
21
(a) the first person advocates the use of force or violence against
22
a person (the
targeted person
); and
23
11 Paragraph 80.2B(1)(b) of the Criminal Code
24
Omit "intending that", substitute "reckless as to whether".
25
11A Paragraph 80.2B(1)(c) of the Criminal Code
26
Repeal the paragraph, substitute:
27
Schedule 1
Amendments
6
Criminal Code Amendment (Hate Crimes) Bill 2025
No. , 2025
(c) the first person does so because of the first person's belief
1
that the targeted person is:
2
(i) a member of a group (the
targeted group
); or
3
(ii) a close associate of a member of a group (the
targeted
4
group
); and
5
12 Paragraph 80.2B(1)(d) of the Criminal Code
6
After "religion,", insert "sex, sexual orientation, gender identity,
7
intersex status, disability,".
8
13 Subsection 80.2B(1) of the Criminal Code (at the end of
9
the note)
10
Add "For recklessness, see section 5.4.".
11
13A Paragraph 80.2B(2)(a) of the Criminal Code
12
Repeal the paragraph, substitute:
13
(a) the first person advocates the use of force or violence against
14
a person (the
targeted person
); and
15
14 Paragraph 80.2B(2)(b) of the Criminal Code
16
Omit "intending that", substitute "reckless as to whether".
17
14A Paragraph 80.2B(2)(c) of the Criminal Code
18
Repeal the paragraph, substitute:
19
(c) the first person does so because of the first person's belief
20
that the targeted person is:
21
(i) a member of a group (the
targeted group
); or
22
(ii) a close associate of a member of a group (the
targeted
23
group
); and
24
15 Paragraph 80.2B(2)(d) of the Criminal Code
25
After "religion,", insert "sex, sexual orientation, gender identity,
26
intersex status, disability,".
27
16 Subsection 80.2B(2) of the Criminal Code (at the end of
28
the note)
29
Add "For recklessness, see section 5.4.".
30
Amendments
Schedule 1
No. , 2025
Criminal Code Amendment (Hate Crimes) Bill 2025
7
16A Subsection 80.2B(3) of the Criminal Code
1
Repeal the subsection, substitute:
2
(3) For the purposes of paragraphs (1)(c) and (2)(c), it is immaterial
3
whether the targeted person:
4
(a) actually is a member of the targeted group; or
5
(b) actually is a close associate of a member of the targeted
6
group.
7
17 After subsection 80.2B(4) of the Criminal Code
8
Insert:
9
(4A) For the purposes of paragraphs (1)(d) and (2)(d), the person may
10
have in mind a combination of attributes mentioned in those
11
paragraphs.
12
18 Subsection 80.2B(6) of the Criminal Code (note)
13
Repeal the note.
14
18A At the end of section 80.2B of the Criminal Code
15
Add:
16
Definitions
17
(7) In this section:
18
advocate
means counsel, promote, encourage or urge.
19
19 After section 80.2B of the Criminal Code
20
Insert:
21
80.2BA Threatening force or violence against groups
22
Offences
23
(1) A person commits an offence if:
24
(a) the person threatens to use force or violence against a group
25
(the
targeted group
); and
26
Schedule 1
Amendments
8
Criminal Code Amendment (Hate Crimes) Bill 2025
No. , 2025
(b) the targeted group is distinguished by race, religion, sex,
1
sexual orientation, gender identity, intersex status, disability,
2
nationality, national or ethnic origin or political opinion; and
3
(c) a reasonable member of the targeted group would fear that
4
the threat will be carried out; and
5
(d) the threat, if carried out, would threaten the peace, order and
6
good government of the Commonwealth.
7
Note:
For intention, see section 5.2.
8
Penalty: Imprisonment for 7 years.
9
(2) A person commits an offence if:
10
(a) the person threatens to use force or violence against a group
11
(the
targeted group
); and
12
(b) the targeted group is distinguished by race, religion, sex,
13
sexual orientation, gender identity, intersex status, disability,
14
nationality, national or ethnic origin or political opinion; and
15
(c) a reasonable member of the targeted group would fear that
16
the threat will be carried out.
17
Note:
For intention, see section 5.2.
18
Penalty: Imprisonment for 5 years.
19
(3) The fault element for paragraphs (1)(b) and (2)(b) is recklessness.
20
Note:
For recklessness, see section 5.4.
21
(4) Strict liability applies to paragraphs (1)(c) and (2)(c).
22
(5) For the purposes of paragraphs (1)(b) and (2)(b), the person may
23
have in mind a combination of attributes mentioned in those
24
paragraphs.
25
Alternative verdict
26
(6) Subsection (7) applies if, in a prosecution for an offence (the
27
prosecuted offence
) against subsection (1), the trier of fact:
28
(a) is not satisfied that the defendant is guilty of the offence; but
29
(b) is satisfied beyond reasonable doubt that the defendant is
30
guilty of an offence (the
alternative offence
) against
31
subsection (2).
32
Amendments
Schedule 1
No. , 2025
Criminal Code Amendment (Hate Crimes) Bill 2025
9
(7) The trier of fact may find the defendant not guilty of the prosecuted
1
offence but guilty of the alternative offence, so long as the
2
defendant has been accorded procedural fairness in relation to that
3
finding of guilt.
4
Definitions
5
(8) In this section:
6
fear
includes apprehension.
7
80.2BB Threatening force or violence against members of groups or
8
close associates
9
Offences
10
(1) A person (the
first person
) commits an offence if:
11
(a) the first person threatens to use force or violence against a
12
person (the
targeted person
); and
13
(b) the first person does so because of the first person's belief
14
that the targeted person is:
15
(i) a member of a group (the
targeted group
); or
16
(ii) a close associate of a member of a group (the
targeted
17
group
); and
18
(c) the targeted group is distinguished by race, religion, sex,
19
sexual orientation, gender identity, intersex status, disability,
20
nationality, national or ethnic origin or political opinion; and
21
(d) a reasonable member of the targeted group would fear that
22
the threat will be carried out; and
23
(e) the threat, if carried out, would threaten the peace, order and
24
good government of the Commonwealth.
25
Note:
For intention, see section 5.2.
26
Penalty: Imprisonment for 7 years.
27
(2) A person (the
first person
) commits an offence if:
28
(a) the first person threatens to use force or violence against a
29
person (the
targeted person
); and
30
(b) the first person does so because of the first person's belief
31
that the targeted person is:
32
Schedule 1
Amendments
10
Criminal Code Amendment (Hate Crimes) Bill 2025
No. , 2025
(i) a member of a group (the
targeted group
); or
1
(ii) a close associate of a member of a group (the
targeted
2
group
); and
3
(c) the targeted group is distinguished by race, religion, sex,
4
sexual orientation, gender identity, intersex status, disability,
5
nationality, national or ethnic origin or political opinion; and
6
(d) a reasonable member of the targeted group would fear that
7
the threat will be carried out.
8
Note:
For intention, see section 5.2.
9
Penalty: Imprisonment for 5 years.
10
(3) For the purposes of paragraphs (1)(b) and (2)(b), it is immaterial
11
whether the targeted person:
12
(a) actually is a member of the targeted group; or
13
(b) actually is a close associate of a member of the targeted
14
group.
15
(4) The fault element for paragraphs (1)(c) and (2)(c) is recklessness.
16
Note:
For recklessness, see section 5.4.
17
(5) Strict liability applies to paragraphs (1)(d) and (2)(d).
18
(6) For the purposes of paragraphs (1)(c) and (2)(c), the person may
19
have in mind a combination of attributes mentioned in those
20
paragraphs.
21
Alternative verdict
22
(7) Subsection (8) applies if, in a prosecution for an offence (the
23
prosecuted offence
) against subsection (1), the trier of fact:
24
(a) is not satisfied that the defendant is guilty of the offence; but
25
(b) is satisfied beyond reasonable doubt that the defendant is
26
guilty of an offence (the
alternative offence
) against
27
subsection (2).
28
(8) The trier of fact may find the defendant not guilty of the prosecuted
29
offence but guilty of the alternative offence, so long as the
30
defendant has been accorded procedural fairness in relation to that
31
finding of guilt.
32
Amendments
Schedule 1
No. , 2025
Criminal Code Amendment (Hate Crimes) Bill 2025
11
Definitions
1
(9) In this section:
2
fear
includes apprehension.
3
80.2BC Advocating damage to or destruction of real property or
4
motor vehicle
5
Offences
6
(1) A person (the
first person
) commits an offence if:
7
(a) the first person advocates the causing of damage to, or the
8
destruction of, real property or a motor vehicle; and
9
(b) the first person does so because of the first person's belief
10
that:
11
(i) the real property is a place of worship of a group (the
12
targeted group
); or
13
(ii) the real property is owned, or occupied, in whole or in
14
part, by one or more members of a group (the
targeted
15
group
); or
16
(iii) the motor vehicle is owned, or occupied, in whole or in
17
part, by one or more members of a group (the
targeted
18
group
); or
19
(iv) the real property is owned, or occupied, in whole or in
20
part, by a close associate of one or more members of a
21
group (the
targeted group
); or
22
(v) the motor vehicle is owned, or occupied, in whole or in
23
part, by a close associate of one or more members of a
24
group (the
targeted group
); and
25
(c) the first person is reckless as to whether the damage or
26
destruction will occur; and
27
(d) the targeted group is distinguished by race, religion, sex,
28
sexual orientation, gender identity, intersex status, disability,
29
nationality, national or ethnic origin or political opinion; and
30
(e) the damage or destruction, if it were to occur, would threaten
31
the peace, order and good government of the
32
Commonwealth.
33
Note:
For intention, see section 5.2. For recklessness, see section 5.4.
34
Schedule 1
Amendments
12
Criminal Code Amendment (Hate Crimes) Bill 2025
No. , 2025
Penalty: Imprisonment for 7 years.
1
(2) A person (the
first person
) commits an offence if:
2
(a) the first person advocates the causing of damage to, or the
3
destruction of, real property or a motor vehicle; and
4
(b) the first person does so because of the first person's belief
5
that:
6
(i) the real property is a place of worship of a group (the
7
targeted group
); or
8
(ii) the real property is owned, or occupied, in whole or in
9
part, by one or more members of a group (the
targeted
10
group
); or
11
(iii) the motor vehicle is owned, or occupied, in whole or in
12
part, by one or more members of a group (the
targeted
13
group
); or
14
(iv) the real property is owned, or occupied, in whole or in
15
part, by a close associate of one or more members of a
16
group (the
targeted group
); or
17
(v) the motor vehicle is owned, or occupied, in whole or in
18
part, by a close associate of one or more members of a
19
group (the
targeted group
); and
20
(c) the first person is reckless as to whether the damage or
21
destruction will occur; and
22
(d) the targeted group is distinguished by race, religion, sex,
23
sexual orientation, gender identity, intersex status, disability,
24
nationality, national or ethnic origin or political opinion.
25
Note:
For intention, see section 5.2. For recklessness, see section 5.4.
26
Penalty: Imprisonment for 5 years.
27
(3) For the purposes of paragraphs (1)(b) and (2)(b), it is immaterial
28
whether:
29
(a) the real property actually is a place of worship of the targeted
30
group; or
31
(b) the real property actually is owned, or occupied, in whole or
32
in part, by one or more members of the targeted group; or
33
(c) the motor vehicle actually is owned, or occupied, in whole or
34
in part, by one or more members of the targeted group; or
35
Amendments
Schedule 1
No. , 2025
Criminal Code Amendment (Hate Crimes) Bill 2025
13
(d) the real property actually is owned, or occupied, in whole or
1
in part, by a close associate of one or more members of the
2
targeted group; or
3
(e) the motor vehicle actually is owned, or occupied, in whole or
4
in part, by a close associate of one or more members of the
5
targeted group.
6
(4) The fault element for paragraphs (1)(d) and (2)(d) is recklessness.
7
Note:
For recklessness, see section 5.4.
8
(5) For the purposes of paragraphs (1)(d) and (2)(d), the person may
9
have in mind a combination of attributes mentioned in those
10
paragraphs.
11
Alternative verdict
12
(6) Subsection (7) applies if, in a prosecution for an offence (the
13
prosecuted offence
) against subsection (1), the trier of fact:
14
(a) is not satisfied that the defendant is guilty of the offence; but
15
(b) is satisfied beyond reasonable doubt that the defendant is
16
guilty of an offence (the
alternative offence
) against
17
subsection (2).
18
(7) The trier of fact may find the defendant not guilty of the prosecuted
19
offence but guilty of the alternative offence, so long as the
20
defendant has been accorded procedural fairness in relation to that
21
finding of guilt.
22
Definitions
23
(8) In this section:
24
advocate
means counsel, promote, encourage or urge.
25
80.2BD Threatening damage to or destruction of real property or
26
motor vehicle
27
Offences
28
(1) A person (the
first person
) commits an offence if:
29
(a) the first person threatens to cause damage to, or the
30
destruction of, real property or a motor vehicle; and
31
Schedule 1
Amendments
14
Criminal Code Amendment (Hate Crimes) Bill 2025
No. , 2025
(b) the first person does so because of the first person's belief
1
that:
2
(i) the real property is a place of worship of a group (the
3
targeted group
); or
4
(ii) the real property is owned, or occupied, in whole or in
5
part, by one or more members of a group (the
targeted
6
group
); or
7
(iii) the motor vehicle is owned, or occupied, in whole or in
8
part, by one or more members of a group (the
targeted
9
group
); or
10
(iv) the real property is owned, or occupied, in whole or in
11
part, by a close associate of one or more members of a
12
group (the
targeted group
); or
13
(v) the motor vehicle is owned, or occupied, in whole or in
14
part, by a close associate of one or more members of a
15
group (the
targeted group
); and
16
(c) the targeted group is distinguished by race, religion, sex,
17
sexual orientation, gender identity, intersex status, disability,
18
nationality, national or ethnic origin or political opinion; and
19
(d) a reasonable member of the targeted group would fear that
20
the threat will be carried out; and
21
(e) the threat, if carried out, would threaten the peace, order and
22
good government of the Commonwealth.
23
Note:
For intention, see section 5.2.
24
Penalty: Imprisonment for 7 years.
25
(2) A person (the
first person
) commits an offence if:
26
(a) the first person threatens to cause damage to, or the
27
destruction of, real property or a motor vehicle; and
28
(b) the first person does so because of the first person's belief
29
that:
30
(i) the real property is a place of worship of a group (the
31
targeted group
); or
32
(ii) the real property is owned, or occupied, in whole or in
33
part, by one or more members of a group (the
targeted
34
group
); or
35
Amendments
Schedule 1
No. , 2025
Criminal Code Amendment (Hate Crimes) Bill 2025
15
(iii) the motor vehicle is owned, or occupied, in whole or in
1
part, by one or more members of a group (the
targeted
2
group
); or
3
(iv) the real property is owned, or occupied, in whole or in
4
part, by a close associate of one or more members of a
5
group (the
targeted group
); or
6
(v) the motor vehicle is owned, or occupied, in whole or in
7
part, by a close associate of one or more members of a
8
group (the
targeted group
); and
9
(c) the targeted group is distinguished by race, religion, sex,
10
sexual orientation, gender identity, intersex status, disability,
11
nationality, national or ethnic origin or political opinion; and
12
(d) a reasonable member of the targeted group would fear that
13
the threat will be carried out.
14
Note:
For intention, see section 5.2.
15
Penalty: Imprisonment for 5 years.
16
(3) For the purposes of paragraphs (1)(b) and (2)(b), it is immaterial
17
whether:
18
(a) the real property actually is a place of worship of the targeted
19
group; or
20
(b) the real property actually is owned, or occupied, in whole or
21
in part, by one or more members of the targeted group; or
22
(c) the motor vehicle actually is owned, or occupied, in whole or
23
in part, by one or more members of the targeted group; or
24
(d) the real property actually is owned, or occupied, in whole or
25
in part, by a close associate of one or more members of the
26
targeted group; or
27
(e) the motor vehicle actually is owned, or occupied, in whole or
28
in part, by a close associate of one or more members of the
29
targeted group.
30
(4) The fault element for paragraphs (1)(c) and (2)(c) is recklessness.
31
Note:
For recklessness, see section 5.4.
32
(5) Strict liability applies to paragraphs (1)(d) and (2)(d).
33
Schedule 1
Amendments
16
Criminal Code Amendment (Hate Crimes) Bill 2025
No. , 2025
(6) For the purposes of paragraphs (1)(c) and (2)(c), the person may
1
have in mind a combination of attributes mentioned in those
2
paragraphs.
3
Alternative verdict
4
(7) Subsection (8) applies if, in a prosecution for an offence (the
5
prosecuted offence
) against subsection (1), the trier of fact:
6
(a) is not satisfied that the defendant is guilty of the offence; but
7
(b) is satisfied beyond reasonable doubt that the defendant is
8
guilty of an offence (the
alternative offence
) against
9
subsection (2).
10
(8) The trier of fact may find the defendant not guilty of the prosecuted
11
offence but guilty of the alternative offence, so long as the
12
defendant has been accorded procedural fairness in relation to that
13
finding of guilt.
14
Definitions
15
(9) In this section:
16
fear
includes apprehension.
17
80.2BE Advocating force or violence through causing damage to
18
property
19
Offences
20
(1) A person (the
first person
) commits an offence if:
21
(a) the first person intentionally advocates for another person, or
22
a group, to use force or violence against a group (the
targeted
23
group
); and
24
(b) the first person does so by causing damage to property; and
25
(c) the first person does so reckless as to whether the force or
26
violence will occur; and
27
(d) the targeted group is distinguished by race, religion or ethnic
28
origin; and
29
(e) the use of force or violence would threaten the peace, order
30
and good government of the Commonwealth.
31
Amendments
Schedule 1
No. , 2025
Criminal Code Amendment (Hate Crimes) Bill 2025
17
Penalty: Imprisonment for 7 years.
1
Note:
For intention, see section 5.2. For recklessness, see section 5.4.
2
(2) A person (the
first person
) commits an offence if:
3
(a) the first person intentionally advocates for another person, or
4
a group, to use force or violence against a group (the
targeted
5
group
); and
6
(b) the first person does so by causing damage to property; and
7
(c) the first person does so reckless as to whether the force or
8
violence will occur; and
9
(d) the targeted group is distinguished by race, religion or ethnic
10
origin.
11
Penalty: Imprisonment for 5 years.
12
Note:
For intention, see section 5.2. For recklessness, see section 5.4.
13
(3) The fault element for paragraphs (1)(d) and (2)(d) is recklessness.
14
Note:
For recklessness, see section 5.4.
15
(4) For the purposes of paragraphs (1)(d) and (2)(d), the person may
16
have in mind a combination of attributes mentioned in those
17
paragraphs.
18
Alternative verdict
19
(5) Subsection (6) applies if, in a prosecution for an offence (the
20
prosecuted offence
) against subsection (1), the trier of fact:
21
(a) is not satisfied that the defendant is guilty of the offence; but
22
(b) is satisfied beyond reasonable doubt that the defendant is
23
guilty of an offence (the
alternative offence
) against
24
subsection (2).
25
(6) The trier of fact may find the defendant not guilty of the prosecuted
26
offence but guilty of the alternative offence, so long as the
27
defendant has been accorded procedural fairness in relation to that
28
finding of guilt.
29
Meaning of damage
30
(7) In this section:
31
Schedule 1
Amendments
18
Criminal Code Amendment (Hate Crimes) Bill 2025
No. , 2025
damage
includes minor damage.
1
Example: An offensive slogan painted on a building (advocating the use of force
2
or violence against Jews) is damage for the purposes of this section.
3
20 Paragraphs 80.2H(7)(b), 80.2HA(7)(b) and 80.2K(6)(b) of
4
the Criminal Code
5
After "sex,", insert "sexual orientation, gender identity, intersex status,
6
disability,".
7
21 Subsection 80.3(1) of the Criminal Code
8
After "and C", insert "(other than sections 80.2A, 80.2B, 80.2BA,
9
80.2BB, 80.2BC and 80.2BD and 80.2BE)".
10
22 After paragraph 80.4(2)(c) of the Criminal Code
11
Insert:
12
(ca) subsection 80.2BA(2); or
13
(cb) subsection 80.2BB(2); or
14
(cc) subsection 80.2BC(2); or
15
(cd) subsection 80.2BD(2); or
16
(ce) subsection 80.2BE(2); or
17
Mandatory minimum sentences and maximum penalties
Schedule 2
No. , 2025
Criminal Code Amendment (Hate Crimes) Bill 2025
19
Schedule 2--Mandatory minimum sentences
1
and maximum penalties
2
3
Crimes Act 1914
4
1 Paragraph 15AAA(1)(a)
5
After "section 16AAA", insert "(except items 1A to 1E of that table)".
6
2 Section 16AAA (before table item 1)
7
Insert:
8
9
1A
offence against subsection 80.2H(1)
of the
Criminal Code
12 months
1B
offence against
subsection 80.2HA(1) of the
Criminal Code
12 months
1C
offence against a provision of
Division 101 or 102 of the
Criminal
Code
(other than an offence against
subsection 102.8(1) or (2) of the
Criminal Code
)
6 years
1D
offence against subsection 102.8(1)
or (2) of the
Criminal Code
12 months
1E
offence against a provision of
Division 103 of the
Criminal Code
3 years
3 Paragraph 16AAC(2)(b)
10
Repeal the paragraph, substitute:
11
(b) the court is taking into account, under paragraph 16A(2)(h),
12
the person having cooperated with law enforcement agencies
13
in the investigation of:
14
(i) in relation to any of items 1A to 1E of the table in
15
section 16AAA--the offence or an offence against
16
subsection 80.2H(1) or 80.2HA(1) or Part 5.3 or 5.5 of
17
the
Criminal Code
; or
18
(ii) in relation to any of items 1 to 15 of the table in
19
section 16AAA or any of the items in the table in
20
Schedule 2
Mandatory minimum sentences and maximum penalties
20
Criminal Code Amendment (Hate Crimes) Bill 2025
No. , 2025
subsection 16AAB(2)--the offence or a Commonwealth
1
child sex offence.
2
4 Paragraph 16AAC(3)(b)
3
Repeal the paragraph, substitute:
4
(b) if the court is taking into account, under
5
paragraph 16A(2)(h), the person having cooperated with law
6
enforcement agencies in the investigation of:
7
(i) in relation to any of items 1A to 1E of the table in
8
section 16AAA--the offence or an offence against
9
subsection 80.2H(1) or 80.2HA(1) or Part 5.3 or 5.5 of
10
the
Criminal Code
; or
11
(ii) in relation to any of items 1 to 15 of the table in
12
section 16AAA or any of the items in the table in
13
subsection 16AAB(2)--the offence or a Commonwealth
14
child sex offence;
15
by an amount that is up to 25% of the period specified in
16
column 2 of the applicable item in the relevant table;
17
Criminal Code Act 1995
18
5 Subsection 80.2H(1) of the Criminal Code (penalty)
19
Repeal the penalty, substitute:
20
Penalty: Imprisonment for 5 years.
21
6 Subsection 80.2HA(1) of the Criminal Code (penalty)
22
Repeal the penalty, substitute:
23
Penalty: Imprisonment for 5 years.
24
7 Application provision
25
The amendments made by this Schedule apply in relation to a
26
conviction that occurs on or after the commencement of this item if the
27
conduct constituting the offence occurs wholly on or after that
28
commencement.
29
Mandatory minimum sentences and maximum penalties
Schedule 2
No. , 2025
Criminal Code Amendment (Hate Crimes) Bill 2025
21
8 Review of amendments
1
(1)
The Parliamentary Joint Committee on Intelligence and Security must
2
review the operation and effectiveness of the amendments made by this
3
Schedule.
4
(2)
The Committee must:
5
(a) begin the review before the end of the period of 2 years
6
beginning on the day on which this Schedule commences;
7
and
8
(b) report the Committee's comments and recommendations to
9
each House of the Parliament as soon as practicable after
10
completing the review.
11
12
(105/24)