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Legislation in schedules is amended or repealed according to its terms.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