This news follows the former chief justice and current chairman of the NSW Law Reform Commission, Tom Bathurst AC KC, conducting a review of hate speech and incitement laws in the Premier State at the beginning of the year.

Attorney-General Mark Dreyfus outlined that the proposed amendment, Criminal Code Amendment (Hate Crimes) Bill 2024, seeks to explicitly define that “urging or threatening force and violence is unacceptable”, with perpetrators subject to severe criminal penalties.

The new bill is designed to address this by introducing new criminal offences that directly target and prohibit any form of threat, use of force, or violence against a group or any of its members.

Dreyfus revealed that engaging in such conduct would be regarded as a “serious criminal offence” and entail a substantial penalty of up to five years of imprisonment. This pertains to situations when a “reasonable member” within the targeted group has a reasonable benefit that the threat will be actualised.

However, if the threat to use force or violence, when executed, would endanger the “peace, order and good government of the Commonwealth”, the maximum penalty will be increased to seven years of imprisonment.

The Attorney-General also disclosed that the proposed bill would increase measures to enhance the current criminal offences that prohibit an individual from actively inciting another person to use force or violence against a group or a member of a group. This enhancement is expected to:

• “Make it a criminal offence where the person is reckless as to whether the force or violence urged against a group will occur; and
• “Remove the existing defence for acts done in good faith. There are no circumstances where urging force or violence against a targeted group or its members can be done in good faith.”

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Dreyfus said: “We proudly live in a vibrant, multicultural and diverse community which we must protect and strengthen.

“These offences will protect groups, or members of groups, distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion.”

The Attorney-General also detailed that the bill will “expand the list of groups to include those distinguished by sexual orientation, gender identity and intersex status”. This expansion aligns with Australia’s intentional human rights commitments and complements the protections established under the Sex Discrimination Act of 1984.

Dreyfus also said: “We are sending a clear signal to those who seek to divide us. There is no place in this country for hate crimes. There is no place for behaviour that seeks to divide our community.

“The Albanese government is acting to keep the community safe and ensure that people are free to live their lives safe and freely.”

Dr Nicole Shackleton, a lecturer in law at RMIT University, said: “The federal government’s decision to water down promises to introduce new laws criminalising serious vilification, instead relying on changes to sedition laws, capitulates to those who prioritise freedom of speech over the safety of minority groups, particularly online.

“These new laws send a strong message to the community that hate crime is unacceptable but overlook a key underlying cause of hate crime – hate speech, which denigrates a person or community simply because of who they are.”

She further said: “However, the reliance on criminal penalties and incitement to violence, rather than hatred or ridicule, means these new laws would only target deliberate acts that seek to incite violence or cause harm.”