Criminal Code Amendment (Hate Crimes) Act 2025

No. 1, 2025

An Act to amend the Criminal Code Act 1995, and for related purposes

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Crimes Act 1914

Criminal Code Act 1995

Schedule 2—Mandatory minimum sentences and maximum penalties

Crimes Act 1914

Criminal Code Act 1995

Criminal Code Amendment (Hate Crimes) Act 2025

No. 1, 2025

An Act to amend the Criminal Code Act 1995, and for related purposes

[Assented to 7 February 2025]

The Parliament of Australia enacts:

1  Short title

  This Act is the Criminal Code Amendment (Hate Crimes) Act 2025.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Crimes Act 1914

1A  Section 16AAA (after table item 1)

Insert:

Criminal Code Act 1995

1  Division 80 of the Criminal Code (heading)

Repeal the heading, substitute:

Division 80—Treason, urging or threatening violence, offences against groups or members of groups, advocating terrorism or genocide, and prohibited symbols and Nazi salute

2  Section 80.1A of the Criminal Code

Insert:

carer or assistant has the same meaning as in the Disability Discrimination Act 1992.

close associate of a person means:

 (a) in any case—a close family member of the person; or

 (b) if the person is a person with a disability—a carer or assistant in relation to the person.

close family member has the same meaning as in Division 102.

damage does not include minor damage.

disability has the same meaning as in the Disability Discrimination Act 1992.

2A  Subdivision C of Division 80 of Part 5.1 of the Criminal Code (heading)

Omit “Urging violence”, substitute “Urging or threatening violence, offences against groups or members of groups”.

2B  Section 80.2A of the Criminal Code (heading)

Repeal the heading, substitute:

80.2A  Advocating force or violence against groups

2C  Paragraph 80.2A(1)(a) of the Criminal Code

Repeal the paragraph, substitute:

 (a) the first person advocates the use of force or violence against a group (the targeted group); and

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

After “religion,”, insert “sex, sexual orientation, gender identity, intersex status, disability,”.

5  Subsection 80.2A(1) of the Criminal Code (at the end of the note)

Add “For recklessness, see section 5.4.”.

5A  Paragraph 80.2A(2)(a) of the Criminal Code

Repeal the paragraph, substitute:

 (a) the first person advocates the use of force or violence against a group (the targeted group); and

6  Paragraph 80.2A(2)(b) of the Criminal Code

Omit “intending that”, substitute “reckless as to whether”.

7  Paragraph 80.2A(2)(c) of the Criminal Code

After “religion,”, insert “sex, sexual orientation, gender identity, intersex status, disability,”.

8  Subsection 80.2A(2) of the Criminal Code (at the end of the note)

Add “For recklessness, see section 5.4.”.

9  After subsection 80.2A(3) of the Criminal Code

Insert:

 (3A) For the purposes of paragraphs (1)(c) and (2)(c), the person may have in mind a combination of attributes mentioned in those paragraphs.

10  Subsection 80.2A(5) of the Criminal Code (note)

Repeal the note.

10A  At the end of section 80.2A of the Criminal Code

Add:

Definitions

 (6) In this section:

advocate means counsel, promote, encourage or urge.

10B  Section 80.2B of the Criminal Code (heading)

Repeal the heading, substitute:

80.2B  Advocating force or violence against members of groups or close associates

10C  Paragraph 80.2B(1)(a) of the Criminal Code

Repeal the paragraph, substitute:

 (a) the first person advocates the use of force or violence against a person (the targeted person); and

11  Paragraph 80.2B(1)(b) of the Criminal Code

Omit “intending that”, substitute “reckless as to whether”.

11A  Paragraph 80.2B(1)(c) of the Criminal Code

Repeal the paragraph, substitute:

 (c) the first person does so because of the first person’s belief that the targeted person is:

 (i) a member of a group (the targeted group); or

 (ii) a close associate of a member of a group (the targeted group); and

12  Paragraph 80.2B(1)(d) of the Criminal Code

After “religion,”, insert “sex, sexual orientation, gender identity, intersex status, disability,”.

13  Subsection 80.2B(1) of the Criminal Code (at the end of the note)

Add “For recklessness, see section 5.4.”.

13A  Paragraph 80.2B(2)(a) of the Criminal Code

Repeal the paragraph, substitute:

 (a) the first person advocates the use of force or violence against a person (the targeted person); and

14  Paragraph 80.2B(2)(b) of the Criminal Code

Omit “intending that”, substitute “reckless as to whether”.

14A  Paragraph 80.2B(2)(c) of the Criminal Code

Repeal the paragraph, substitute:

 (c) the first person does so because of the first person’s belief that the targeted person is:

 (i) a member of a group (the targeted group); or

 (ii) a close associate of a member of a group (the targeted group); and

15  Paragraph 80.2B(2)(d) of the Criminal Code

After “religion,”, insert “sex, sexual orientation, gender identity, intersex status, disability,”.

16  Subsection 80.2B(2) of the Criminal Code (at the end of the note)

Add “For recklessness, see section 5.4.”.

16A  Subsection 80.2B(3) of the Criminal Code

Repeal the subsection, substitute:

 (3) For the purposes of paragraphs (1)(c) and (2)(c), it is immaterial whether the targeted person:

 (a) actually is a member of the targeted group; or

 (b) actually is a close associate of a member of the targeted group.

17  After subsection 80.2B(4) of the Criminal Code

Insert:

 (4A) For the purposes of paragraphs (1)(d) and (2)(d), the person may have in mind a combination of attributes mentioned in those paragraphs.

18  Subsection 80.2B(6) of the Criminal Code (note)

Repeal the note.

18A  At the end of section 80.2B of the Criminal Code

Add:

Definitions

 (7) In this section:

advocate means counsel, promote, encourage or urge.

19  After section 80.2B of the Criminal Code

Insert:

80.2BA  Threatening force or violence against groups

Offences

 (1) A person commits an offence if:

 (a) the person threatens to use force or violence against a group (the targeted group); and

 (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

 (c) a reasonable member of the targeted group would fear that the threat will be carried out; and

 (d) the threat, if carried out, would threaten the peace, order and good government of the Commonwealth.

Note: For intention, see section 5.2.

Penalty: Imprisonment for 7 years.

 (2) A person commits an offence if:

 (a) the person threatens to use force or violence against a group (the targeted group); and

 (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

 (c) a reasonable member of the targeted group would fear that the threat will be carried out.

Note: For intention, see section 5.2.

Penalty: Imprisonment for 5 years.

 (3) The fault element for paragraphs (1)(b) and (2)(b) is recklessness.

Note: For recklessness, see section 5.4.

 (4) Strict liability applies to paragraphs (1)(c) and (2)(c).

 (5) For the purposes of paragraphs (1)(b) and (2)(b), the person may have in mind a combination of attributes mentioned in those paragraphs.

Alternative verdict

 (6) Subsection (7) applies if, in a prosecution for an offence (the prosecuted offence) against subsection (1), the trier of fact:

 (a) is not satisfied that the defendant is guilty of the offence; but

 (b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence) against subsection (2).

 (7) The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

Definitions

 (8) In this section:

fear includes apprehension.

80.2BB  Threatening force or violence against members of groups or close associates

Offences

 (1) A person (the first person) commits an offence if:

 (a) the first person threatens to use force or violence against a person (the targeted person); and

 (b) the first person does so because of the first person’s belief that the targeted person is:

 (i) a member of a group (the targeted group); or

 (ii) a close associate of a member of a group (the targeted group); and

 (c) 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

 (d) a reasonable member of the targeted group would fear that the threat will be carried out; and

 (e) the threat, if carried out, would threaten the peace, order and good government of the Commonwealth.

Note: For intention, see section 5.2.

Penalty: Imprisonment for 7 years.

 (2) A person (the first person) commits an offence if:

 (a) the first person threatens to use force or violence against a person (the targeted person); and

 (b) the first person does so because of the first person’s belief that the targeted person is:

 (i) a member of a group (the targeted group); or

 (ii) a close associate of a member of a group (the targeted group); and

 (c) 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

 (d) a reasonable member of the targeted group would fear that the threat will be carried out.

Note: For intention, see section 5.2.

Penalty: Imprisonment for 5 years.

 (3) For the purposes of paragraphs (1)(b) and (2)(b), it is immaterial whether the targeted person:

 (a) actually is a member of the targeted group; or

 (b) actually is a close associate of a member of the targeted group.

 (4) The fault element for paragraphs (1)(c) and (2)(c) is recklessness.

Note: For recklessness, see section 5.4.

 (5) Strict liability applies to paragraphs (1)(d) and (2)(d).

 (6) For the purposes of paragraphs (1)(c) and (2)(c), the person may have in mind a combination of attributes mentioned in those paragraphs.

Alternative verdict

 (7) Subsection (8) applies if, in a prosecution for an offence (the prosecuted offence) against subsection (1), the trier of fact:

 (a) is not satisfied that the defendant is guilty of the offence; but

 (b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence) against subsection (2).

 (8) The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

Definitions

 (9) In this section:

fear includes apprehension.

80.2BC  Advocating damage to or destruction of real property or motor vehicle

Offences

 (1) 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

 (b) the first person does so because of the first person’s belief that:

 (i) the real property is a place of worship of a group (the targeted group); or

 (ii) the real property is owned, or occupied, in whole or in part, by one or more members of a group (the targeted group); or

 (iii)  the motor vehicle is owned, or occupied, in whole or in part, by one or more members of a group (the targeted group); or

 (iv) the real property is owned, or occupied, in whole or in part, by a close associate of one or more members of a group (the targeted group); or

 (v)  the motor vehicle is owned, or occupied, in whole or in part, by a close associate of one or more members of a group (the targeted group); and

 (c) the first person is reckless as to whether the damage or destruction will occur; and

 (d) 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

 (e) the damage or destruction, if it were to occur, would threaten the peace, order and good government of the Commonwealth.

Note: For intention, see section 5.2. For recklessness, see section 5.4.

Penalty: Imprisonment for 7 years.

 (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

 (b) the first person does so because of the first person’s belief that:

 (i) the real property is a place of worship of a group (the targeted group); or

 (ii) the real property is owned, or occupied, in whole or in part, by one or more members of a group (the targeted group); or

 (iii) the motor vehicle is owned, or occupied, in whole or in part, by one or more members of a group (the targeted group); or

 (iv) the real property is owned, or occupied, in whole or in part, by a close associate of one or more members of a group (the targeted group); or

 (v)  the motor vehicle is owned, or occupied, in whole or in part, by a close associate of one or more members of a group (the targeted group); and

 (c) the first person is reckless as to whether the damage or destruction will occur; and

 (d) the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion.

Note: For intention, see section 5.2. For recklessness, see section 5.4.

Penalty: Imprisonment for 5 years.

 (3) For the purposes of paragraphs (1)(b) and (2)(b), it is immaterial whether:

 (a) the real property actually is a place of worship of the targeted group; or

 (b) the real property actually is owned, or occupied, in whole or in part, by one or more members of the targeted group; or

 (c) the motor vehicle actually is owned, or occupied, in whole or in part, by one or more members of the targeted group; or

 (d) the real property actually is owned, or occupied, in whole or in part, by a close associate of one or more members of the targeted group; or

 (e) the motor vehicle actually is owned, or occupied, in whole or in part, by a close associate of one or more members of the targeted group.

 (4) The fault element for paragraphs (1)(d) and (2)(d) is recklessness.

Note: For recklessness, see section 5.4.

 (5) For the purposes of paragraphs (1)(d) and (2)(d), the person may have in mind a combination of attributes mentioned in those paragraphs.

Alternative verdict

 (6) Subsection (7) applies if, in a prosecution for an offence (the prosecuted offence) against subsection (1), the trier of fact:

 (a) is not satisfied that the defendant is guilty of the offence; but

 (b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence) against subsection (2).

 (7) The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

Definitions

 (8) In this section:

advocate means counsel, promote, encourage or urge.

80.2BD  Threatening damage to or destruction of real property or motor vehicle

Offences

 (1) A person (the first person) commits an offence if:

 (a) the first person threatens to cause damage to, or the destruction of, real property or a motor vehicle; and

 (b) the first person does so because of the first person’s belief that:

 (i) the real property is a place of worship of a group (the targeted group); or

 (ii) the real property is owned, or occupied, in whole or in part, by one or more members of a group (the targeted group); or

 (iii)  the motor vehicle is owned, or occupied, in whole or in part, by one or more members of a group (the targeted group); or

 (iv) the real property is owned, or occupied, in whole or in part, by a close associate of one or more members of a group (the targeted group); or

 (v)  the motor vehicle is owned, or occupied, in whole or in part, by a close associate of one or more members of a group (the targeted group); and

 (c) 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

 (d) a reasonable member of the targeted group would fear that the threat will be carried out; and

 (e) the threat, if carried out, would threaten the peace, order and good government of the Commonwealth.

Note: For intention, see section 5.2.

Penalty: Imprisonment for 7 years.

 (2) A person (the first person) commits an offence if:

 (a) the first person threatens to cause damage to, or the destruction of, real property or a motor vehicle; and

 (b) the first person does so because of the first person’s belief that:

 (i) the real property is a place of worship of a group (the targeted group); or

 (ii) the real property is owned, or occupied, in whole or in part, by one or more members of a group (the targeted group); or

 (iii)  the motor vehicle is owned, or occupied, in whole or in part, by one or more members of a group (the targeted group); or

 (iv) the real property is owned, or occupied, in whole or in part, by a close associate of one or more members of a group (the targeted group); or

 (v)  the motor vehicle is owned, or occupied, in whole or in part, by a close associate of one or more members of a group (the targeted group); and

 (c) 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

 (d) a reasonable member of the targeted group would fear that the threat will be carried out.

Note: For intention, see section 5.2.

Penalty: Imprisonment for 5 years.

 (3) For the purposes of paragraphs (1)(b) and (2)(b), it is immaterial whether:

 (a) the real property actually is a place of worship of the targeted group; or

 (b) the real property actually is owned, or occupied, in whole or in part, by one or more members of the targeted group; or

 (c) the motor vehicle actually is owned, or occupied, in whole or in part, by one or more members of the targeted group; or

 (d) the real property actually is owned, or occupied, in whole or in part, by a close associate of one or more members of the targeted group; or

 (e) the motor vehicle actually is owned, or occupied, in whole or in part, by a close associate of one or more members of the targeted group.

  (4) The fault element for paragraphs (1)(c) and (2)(c) is recklessness.

Note: For recklessness, see section 5.4.

 (5) Strict liability applies to paragraphs (1)(d) and (2)(d).

 (6) For the purposes of paragraphs (1)(c) and (2)(c), the person may have in mind a combination of attributes mentioned in those paragraphs.

Alternative verdict

 (7) Subsection (8) applies if, in a prosecution for an offence (the prosecuted offence) against subsection (1), the trier of fact:

 (a) is not satisfied that the defendant is guilty of the offence; but

 (b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence) against subsection (2).

 (8) The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

Definitions

 (9) In this section:

fear includes apprehension.

80.2BE  Advocating force or violence through causing damage to property

Offences

 (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.

Penalty: Imprisonment for 7 years.

Note: For intention, see section 5.2. For recklessness, see section 5.4.

 (2) 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.

Penalty: Imprisonment for 5 years.

Note: For intention, see section 5.2. For recklessness, see section 5.4.

 (3) The fault element for paragraphs (1)(d) and (2)(d) is recklessness.

Note: For recklessness, see section 5.4.

 (4) For the purposes of paragraphs (1)(d) and (2)(d), the person may have in mind a combination of attributes mentioned in those paragraphs.

Alternative verdict

 (5) Subsection (6) applies if, in a prosecution for an offence (the prosecuted offence) against subsection (1), the trier of fact:

 (a) is not satisfied that the defendant is guilty of the offence; but

 (b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence) against subsection (2).

 (6) The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

Meaning of damage

 (7) In this section:

damage includes minor damage.

Example: An offensive slogan painted on a building (advocating the use of force or violence against Jews) is damage for the purposes of this section.

20  Paragraphs 80.2H(7)(b), 80.2HA(7)(b) and 80.2K(6)(b) of the Criminal Code

After “sex,”, insert “sexual orientation, gender identity, intersex status, disability,”.

21  Subsection 80.3(1) of the Criminal Code

After “and C”, insert “(other than sections 80.2A, 80.2B, 80.2BA, 80.2BB, 80.2BC and 80.2BD and 80.2BE)”.

22  After paragraph 80.4(2)(c) of the Criminal Code

Insert:

 (ca) subsection 80.2BA(2); or

 (cb) subsection 80.2BB(2); or

 (cc) subsection 80.2BC(2); or

 (cd) subsection 80.2BD(2); or

 (ce) subsection 80.2BE(2); or

Schedule 2—Mandatory minimum sentences and maximum penalties

Crimes Act 1914

1  Paragraph 15AAA(1)(a)

After “section 16AAA”, insert “(except items 1A to 1E of that table)”.

2  Section 16AAA (before table item 1)

Insert:

3  Paragraph 16AAC(2)(b)

Repeal the paragraph, substitute:

 (b) the court is taking into account, under paragraph 16A(2)(h), the person having cooperated with law enforcement agencies in the investigation of:

 (i) in relation to any of items 1A to 1E of the table in section 16AAA—the offence or an offence against subsection 80.2H(1) or 80.2HA(1) or Part 5.3 or 5.5 of the Criminal Code; or

 (ii) in relation to any of items 1 to 15 of the table in section 16AAA or any of the items in the table in subsection 16AAB(2)—the offence or a Commonwealth child sex offence.

4  Paragraph 16AAC(3)(b)

Repeal the paragraph, substitute:

 (b) if the court is taking into account, under paragraph 16A(2)(h), the person having cooperated with law enforcement agencies in the investigation of:

 (i) in relation to any of items 1A to 1E of the table in section 16AAA—the offence or an offence against subsection 80.2H(1) or 80.2HA(1) or Part 5.3 or 5.5 of the Criminal Code; or

 (ii) in relation to any of items 1 to 15 of the table in section 16AAA or any of the items in the table in subsection 16AAB(2)—the offence or a Commonwealth child sex offence;

  by an amount that is up to 25% of the period specified in column 2 of the applicable item in the relevant table;

Criminal Code Act 1995

5  Subsection 80.2H(1) of the Criminal Code (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 5 years.

6  Subsection 80.2HA(1) of the Criminal Code (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 5 years.

7  Application provision

The amendments made by this Schedule apply in relation to a conviction that occurs on or after the commencement of this item if the conduct constituting the offence occurs wholly on or after that commencement.

8  Review of amendments

(1) The Parliamentary Joint Committee on Intelligence and Security must review the operation and effectiveness of the amendments made by this Schedule.

(2) The Committee must:

 (a) begin the review before the end of the period of 2 years beginning on the day on which this Schedule commences; and

 (b) report the Committee’s comments and recommendations to each House of the Parliament as soon as practicable after completing the review.

[Minister’s second reading speech made in—

House of Representatives on 12 September 2024

Senate on 6 February 2025]