Racial and Religious Offences Bill 2001* (Qld)

Queensland

RACIAL AND RELIGIOUS OFFENCES BILL 2001

«Queensland

RACIAL AND RELIGIOUS OFFENCES

BILL 2001 TABLE OF PROVISIONS Section 1 Short title... eens 2 Act amended... 2... e eee ee 3 Insertion of new pt 9AA .. 0... eee eee eee

PART 9AA—SENTENCES OF OFFENCES WITH CIRCUMSTANCE OF RACIAL OR RELIGIOUS VILIFICATION

161AA Offence involving racial or religious vilification ...............

A BILL FOR

An Act to amend the Penalties and Sentences Act 1992

Clause

Clause

Clause

sl 4 s3 Racial and Religious Offences Bill 2001

The Parliament of Queensland enacts—

1 Short title This Act may be cited as the Racial and Religious Offences Act 2001.

2 Act amended This Act amends the Penalties and Sentences Act 1992.

3 Insertion of new pt 9AA Before part 9A—

insert—

'PART 9AA—SENTENCES OF OFFENCES WITH CIRCUMSTANCE OF RACIAL OR RELIGIOUS VILIFICATION

'161AA Offence involving racial or religious vilification

"(1) If a person commits an offence punishable by imprisonment, it is a circumstance of aggravation if the offence involves the person, by a public act, inciting hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of the race or religion of the person or members of the group in a way that includes—

(a) threatening physical harm towards, or towards any property of, the person or group of persons; or

(b) inciting others to threaten physical harm towards, or towards any property of, the person or group of persons.

'(2) If a person is found guilty of the offence, with the circumstance of aggravation mentioned in subsection (1), the imprisonment to which the offender is liable is increased by 3 years.

'(3) The sentencing court must state the extent to which the sentence that would have been imposed if the circumstance of aggravation did not exist has been increased because of the existence of the circumstance.