Criminal Code (Serious Vilification and Hate Crimes) and Other Legislation Amendment Bill 2023 (Qld)

An Act to amend the Anti-Discrimination Act 1991, the Criminal Code, the Police Powers and Responsibilities Act 2000 and the Summary Offences Act 2005 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Criminal Code (Serious Vilification and Hate Crimes) and Other Legislation Amendment Act 2023.

2 Commencement This Act commences on a day to be fixed by proclamation.

Part 2 Amendment of Anti-Discrimination Act 1991

3 Act amended This part amends the Anti-Discrimination Act 1991.

4 Omission of s 4A (Meaning of public act ) Section 4A— omit.

5 Amendment of s 124A (Vilification on grounds of race, religion, sexuality or gender identity unlawful) Section 124A— insert— (3) In this section— public act— (a) includes— (i) any form of communication to the public, including by speaking, writing, printing, displaying notices, broadcasting, telecasting, screening or playing of tapes or other recorded material, or by electronic means; and (ii) any conduct that is observable by the public, including actions, gestures and the wearing or display of clothing, signs, flags, emblems or insignia; but (b) does not include the distribution or dissemination of any matter by a person to the public if the person does not know, and could not reasonably be expected to know, the content of the matter.

6 Omission of ch 5A, hdg (Serious racial and religious vilification) Chapter 5A, heading— omit.

7 Amendment, relocation and renumbering of s 131A (Offence of serious racial, religious, sexuality or gender identity vilification) (1) Section 131A(1), penalty— omit, insert— Maximum penalty—3 years imprisonment. (2) Section 131A(2) to (4)— omit, insert— (2) In this section— public act— (a) includes— (i) any form of communication to the public, including by speaking, writing, printing, displaying notices, broadcasting, telecasting, screening or playing of tapes or other recorded material, or by electronic means; and (ii) any conduct that is observable by the public, including actions, gestures and the wearing or display of clothing, signs, flags, emblems or insignia; but (b) does not include the distribution or dissemination of any matter by a person to the public if the person does not know, and could not reasonably be expected to know, the content of the matter. (3) Section 131A— relocate to the Criminal Code, part 2, chapter 7A, as inserted by this Act, and renumber as section 52A.