criminal-code-amendment-hate-crimes-act-2025.pdf, p.7
Repeal heading and substitute with new text.
1 Division 80 of the Criminal Code (heading)
criminal-code-amendment-hate-crimes-act-2025.pdf, p.9
10 Subsection 80.2A(5) of the Criminal Code (note)
Defines advocate as counsel, promote, encourage or urge.
10A At the end of section 80.2A of the Criminal Code
10B Section 80.2B of the Criminal Code (heading)
Prohibit advocating use of force or violence against a person
10C Paragraph 80.2B(1)(a) of the Criminal Code
Omit “intending that”, substitute “reckless as to whether”.
11 Paragraph 80.2B(1)(b) of the Criminal Code
Repeal paragraph and substitute with new provision prohibiting hate crimes based on group membership or association.
11A Paragraph 80.2B(1)(c) of the Criminal Code
Prohibits hate crimes based on group membership or association.
Repeal paragraph and substitute with new provision.
criminal-code-amendment-hate-crimes-act-2025.pdf, p.10
Insertion of specific terms into the Criminal Code
12 Paragraph 80.2B(1)(d) of the Criminal Code
Reference to another section for recklessness
13 Subsection 80.2B(1) of the Criminal Code (at the end of
13A Paragraph 80.2B(2)(a) of the Criminal Code
14 Paragraph 80.2B(2)(b) of the Criminal Code
Belief about targeted person's group membership or association
14A Paragraph 80.2B(2)(c) of the Criminal Code
15 Paragraph 80.2B(2)(d) of the Criminal Code
Reference to section 5.4 for recklessness
16 Subsection 80.2B(2) of the Criminal Code (at the end of
criminal-code-amendment-hate-crimes-act-2025.pdf, p.11
Repeal subsection, substitute clause regarding targeted group membership
16A Subsection 80.2B(3) of the Criminal Code
Allows consideration of multiple attributes for purposes of paragraphs (1)(d) and (2)(d)
17 After subsection 80.2B(4) of the Criminal Code
18 Subsection 80.2B(6) of the Criminal Code (note)
18A At the end of section 80.2B of the Criminal Code
Insert clause after section 80.2B of the Criminal Code
19 After section 80.2B of the Criminal Code
Insertion of new offence against subsection 80.2BE(1) or (2)
1A Section 16AAA (after table item 1)
Defines terms related to disability and close associates.
2 Section 80.1A of the Criminal Code
criminal-code-amendment-hate-crimes-act-2025.pdf, p.22
20 Paragraphs 80.2H(7)(b), 80.2HA(7)(b) and 80.2K(6)(b) of
21 Subsection 80.3(1) of the Criminal Code
Mandatory minimum sentences and maximum penalties
22 After paragraph 80.4(2)(c) of the Criminal Code
Requires mandatory minimum sentences and maximum penalties
criminal-code-amendment-hate-crimes-act-2025.pdf, p.8
Omit 'Urging violence', substitute 'Urging or threatening violence, offences against groups or members of groups'
2A Subdivision C of Division 80 of Part 5.1 of the Criminal
2B Section 80.2A of the Criminal Code (heading)
Prohibit advocating use of force or violence against a group
2C Paragraph 80.2A(1)(a) of the Criminal Code
3 Paragraph 80.2A(1)(b) of the Criminal Code
4 Paragraph 80.2A(1)(c) of the Criminal Code
5 Subsection 80.2A(1) of the Criminal Code (at the end of the
Prohibits advocating use of force or violence against a group
5A Paragraph 80.2A(2)(a) of the Criminal Code
6 Paragraph 80.2A(2)(b) of the Criminal Code
7 Paragraph 80.2A(2)(c) of the Criminal Code
8 Subsection 80.2A(2) of the Criminal Code (at the end of the
Advocating force or violence against groups prohibited
80 Section 80
Advocating force or violence against members of groups or close associates is prohibited.
Threatening a targeted group with force or violence is an offence.
80(1) Section 80
The threat must occur within a certain timeframe.
(c) a reasonable member of the targeted group would fear that the threat will be carried out;
Threatening a targeted group with force or violence is prohibited.
(a) the person threatens to use force or violence against a group (the targeted group); and
The person making the threat has an obligation to refrain from doing so.
(d) the threat, if carried out, would threaten the peace, order and good government of the Commonwealth.
The targeted group has a right to protection from such threats.
(b) the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion;
80(2) Section 80
A reasonable member of the targeted group would fear...
Defines a temporal interval for the threat.
(c) a reasonable member of the targeted group would fear that the threat will be carried out.
The targeted group has a specific characteristic.
Represents knowledge about the targeted group.
(b) the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion; and
Prohibits threatening a targeted group with force or violence.
The threat is diffused to others in the targeted group.
Diffuses the threat to others in the targeted group.
Requires a recurring trace of the threat.
Recklessness is the fault element for paragraphs (1)(b) and (2)(b)
80(3) Section 80
Strict liability applies to paragraphs (1)(c) and (2)(c).
80(4) Section 80
Person may have in mind a combination of attributes.
80(5) Section 80
Prosecution must consider alternative offence beyond reasonable doubt.
80(6) Section 80
...the trier of fact is satisfied beyond reasonable doubt that the defendant is guilty of an offence...
Temporal relation between prosecution and consideration of alternative offence
Obligation to consider alternative offence
Diffusion of prosecution and consideration of alternative offence
Recurring trace of prosecution and consideration of alternative offence
Triier of fact must accord procedural fairness in relation to finding of guilt.
80(7) Section 80
80(8) Section 80
criminal-code-amendment-hate-crimes-act-2025.pdf, p.13
Threatening a person from a targeted group can lead to imprisonment for 7 years.
The threat, if carried out, would threaten the peace, order and good government of the Commonwealth.
The threat must overlap with the targeted group.
(d) a reasonable member of the targeted group would fear that the threat will be carried out;
(e) the threat, if carried out, would threaten the peace, order and good government of the Commonwealth.
Prohibits threatening a person from a targeted group.
(a) the first person threatens to use force or violence against a person (the targeted person); and
The first person commits an offence if: (a) the first person threatens to use force or violence against a person (the targeted person); and
Obliges the person to not threaten a person from a targeted group.
The threat must eventually lead to a threat to the peace, order and good government of the Commonwealth.
(e) the threat, if carried out, would threaten the peace, order and good government of the Commonwealth;
Threatening force or violence against a targeted person due to their group membership is an offence.
Temporal overlap between threat and targeted group membership
Threat carried out within a reasonable timeframe
It is immaterial whether the targeted person is a member or close associate of the targeted group.
Recklessness is the fault element for certain paragraphs.
Strict liability applies to paragraphs (1)(d) and (2)(d).
...the trier of fact is satisfied beyond reasonable doubt that the defendant is guilty of an alternative offence.
80(9) Section 80
criminal-code-amendment-hate-crimes-act-2025.pdf, p.15
Advocating hate speech that threatens public peace and order is a crime.
The person commits an offence if they advocate hate speech.
The person advocates the causing of damage to, or the destruction of, real property or a motor vehicle.
The person commits an offence if they are reckless in their advocacy of hate speech.
Prohibits reckless advocacy of hate speech.
The first person is reckless as to whether the damage or destruction will occur;
The person commits an offence if they advocate harm that threatens public peace and order.
Prohibits advocating harm that threatens public peace and order.
the damage or destruction, if it were to occur, would threaten the peace, order and good government of the Commonwealth.
The person commits an offence if they advocate harm to protected groups.
Prohibits advocating harm to protected groups.
the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion;
The person commits an offence if they are reckless in their advocacy of harm to protected groups.
Prohibits reckless advocacy of harm to protected groups.
Advocating damage to real property or a motor vehicle due to targeted group characteristics is an offence.
Prohibits advocating damage to real property or a motor vehicle due to targeted group characteristics.
(2) A person (the first person) commits an offence if: (a) the first person advocates the causing of damage to, or the destruction of, real property or a motor vehicle; and
Imposes an obligation to avoid advocating damage to real property or a motor vehicle due to targeted group characteristics.
Prohibits reckless advocacy of damage to real property or a motor vehicle due to targeted group characteristics.
(c) the first person is reckless as to whether the damage or destruction will occur; and
Implication between advocating damage and committing an offence.
It is immaterial whether the real property or motor vehicle is owned/occupied by a member or close associate of the targeted group.
Recklessness is the fault element for paragraphs (1)(d) and (2)(d)
Prosecutor must provide evidence beyond reasonable doubt for the alternative offence.
The prosecutor's burden of proof is not exceeded by the defendant's alibi within a certain time frame.
The prosecutor's argument is stronger than the defendant's alibi.
Prosecutor must provide evidence beyond reasonable doubt.
Prosecutor must have sufficient evidence to convict.
Prosecutor's burden of proof is not exceeded by the defendant's alibi.
Triier of fact has an obligation to accord procedural fairness.
Defines a term with an obligation to use it correctly
criminal-code-amendment-hate-crimes-act-2025.pdf, p.17
Threatening real property or a motor vehicle because of the targeted group's characteristics is an offence.
Threatening real property or a motor vehicle must overlap with the targeted group's characteristics.
...would threaten the peace, order and good government of the Commonwealth.
Threatening real property or a motor vehicle implies a threat to the peace, order, and good government of the Commonwealth.
Prohibits threatening real property or a motor vehicle because of the targeted group's characteristics.
A reasonable member of the targeted group would fear that...
Imposes an obligation to not threaten real property or a motor vehicle because of the targeted group's characteristics.
The threat is diffused if it does not overlap with the targeted group's characteristics.
Threatening real property or a motor vehicle is prohibited.
Exemptions from liability for targeted group members and associates
Strict liability applies to paragraphs (1)(d) and (2)(d)
Prosecution must provide evidence beyond reasonable doubt for the alternative offence.
Prosecution must provide evidence beyond reasonable doubt
criminal-code-amendment-hate-crimes-act-2025.pdf, p.20
Advocating for violence against a targeted group is prohibited.
(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.
Advocating for violence against a targeted group is an offence.
Prohibits advocating for violence against a targeted group.
Triier of fact must accord procedural fairness to defendant in relation to finding of guilt.
Triier has an obligation to accord procedural fairness.
Defines damage for the purposes of section 80(7)
Minor damage is within the interval of damage for this section.
Defines an interval that overlaps with 'damage'
The interval starts at minor damage and ends at no upper bound.
Minor damage is damage for the purposes of this section according to AI.
Describes a subclass of 'damage' using AI
Minor damage is a subclass of damage according to AI.
The term is defined as damage for the purposes of this section.
Minor damage is damage for the purposes of this section.
Minor damage is within the diffusion of damage for this section.
Defines a concept that diffuses into 'damage'
The concept starts at minor damage and ends at no upper bound.
Defines an event that occurs before 'damage'
The event starts at minor damage and ends at no upper bound.
References sections 2BB, 80.2BC and 80.2BD and 80.2BE.
Permits consideration of multiple attributes for purposes of paragraphs (1)(c) and (2)(c)
9 After subsection 80.2A(3) of the Criminal Code
criminal-code-amendment-hate-crimes-act-2025.pdf, p.23
1 Paragraph 15AAA(1)(a)
Offences against certain provisions of the Criminal Code
2 Section 16AAA (before table item 1)
The court must take into account cooperation with law enforcement in certain investigations.
3 Paragraph 16AAC(2)(b)
The court must take into account cooperation with law enforcement.
criminal-code-amendment-hate-crimes-act-2025.pdf, p.24
Repeal paragraph, substitute with new provision
4 Paragraph 16AAC(3)(b)
Prohibits cooperation with law enforcement agencies
5 Subsection 80.2H(1) of the Criminal Code (penalty)
6 Subsection 80.2HA(1) of the Criminal Code (penalty)
Commencement provision for application of amendments
7 Application provision
criminal-code-amendment-hate-crimes-act-2025.pdf, p.25
Review of amendments made by this Schedule
8 Review of amendments
Temporal interval for review commencement
criminal-code-amendment-hate-crimes-act-2025.pdf, p.5
1 Short title
criminal-code-amendment-hate-crimes-act-2025.pdf, p.6
1 Section 1
2 Commencement
Legislation in schedules is amended or repealed according to its terms.
3 Schedules
8 February 2025
An Act to amend the Criminal Code Act 1995, and for related purposes
Criminal Code Amendment (Hate Crimes) Act 2025