Chapter 1Introduction
1.1On 19 September 2024, the Senate referred the provisions of the Criminal Code Amendment (Hate Crimes) Bill 2024 (the Bill) to the Legal and Constitutional Affairs Legislation Committee (the committee) for inquiry and report by 12December 2024.
1.2The Bill would amend the Criminal Code Act 1995 (the Criminal Code) to strengthen and enhance Australia’s legislative framework to combat hate crimes, and promote community respect and understanding.
1.3The Explanatory Memorandum (EM) to the Bill explains that the measures provided for in the Bill seek to combat the increasing prevalence of hate speech involving calls to force or violence:
Public discourse has increasingly been weaponised, with hateful rhetoric aimed at attacking groups in the Australian community. Urging and threatening force or violence against targeted groups, or members of targeted groups, undermines and erodes Australia’s shared values. Theharm caused by this conduct can be profound – it is an attack on the dignity of targeted groups, and members of targeted groups, which affects the physical and psychological wellbeing not only of those targeted, but of the whole community. It can also lay the foundation for violence and extremism.
1.4In his second reading speech, the Attorney-General, the Hon Mark Dreyfus KC MP, emphasised:
No one in Australia should be targeted because of who they are or what they believe. The legislation I am introducing to the parliament today responds to the increasing prevalence of hate speech and hateful conduct in our society. This conduct cannot, and will not, be tolerated.
Conduct of the inquiry and acknowledgement
1.5In accordance with its usual practice, the committee advertised the inquiry on its website and wrote to organisations and individuals inviting submissions by 7 November 2024. The committee received 40 submissions, which are listed at Appendix 1, and held a public hearing in Canberra on 2 December 2024. A list of the witnesses who appeared at the hearing is at Appendix 2. Thecommittee thanks those organisations and individuals who made submissions and who gave evidence at the public hearing.
Scope and structure of the report
1.6This report comprises two chapters:
Chapter 1 provides information on the inquiry and outlines key proposals of the Bill; and
Chapter 2 discusses some of the key issues raised in relation to the Bill before setting out the committee’s findings and recommendations.
Note on references
1.7In this report, references to the Committee Hansard are to the proof (that is, uncorrected) transcript. Page numbers may vary between the proof and official transcript.
Key proposals
1.8The Bill comprises one schedule of proposed amendments to the Criminal Code, with the following key proposals to:
amend existing offences for urging force or violence against groups or members of groups with protected attributes (sections 80.2A and 80.2B):
- to reduce the fault element in relation to the consequence of the urging conduct;
- to expand the list of protected attributes to include ‘sex, sexual orientation, gender identity, intersex status, disability’;
create new offences (proposed sections 80.2BA and 80.2BB) for threatening to use force or violence against protected groups and members of groups;
disapply the defence for acts done in good faith (section 80.3) with respect to sections 80.2A and 80.2B and proposed sections 80.2BA and 80.2BB; and
amend the public display of prohibited hate symbols offences (sections 80.2H, 80.2HA and 80.2K) to protect an expanded list of protected attributes, including ‘sexual orientation, gender identity, intersex status’.
Consideration by other parliamentary committees
1.9The Bill was also considered by the Senate Standing Committee for the Scrutiny of Bills and the Parliamentary Joint Committee on Human Rights.