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This is a Bill, not an Act. For current law, see the Acts databases.
Anti-Discrimination Amendment (Religious Tolerance) Bill 2005 No , 2005 A Bill for An Act to amend the Anti-Discrimination Act 1977 to promote religious tolerance; and for other purposes.
Clause 1 Anti-Discrimination Amendment (Religious Tolerance) Bill 2005 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Anti-Discrimination Amendment (Religious Tolerance) 3 Act 2005. 4 2 Commencement 5 This Act commences 60 days after the date of assent. 6 3 Amendment of Anti-Discrimination Act 1977 No 48 7 The Anti-Discrimination Act 1977 is amended as set out in Schedule 1. 8 Page 2
Anti-Discrimination Amendment (Religious Tolerance) Bill 2005 Amendments Schedule 1 Schedule 1 Amendments 1 (Section 3) 2 [1] Part 4H 3 Insert after Part 4G: 4 Part 4H Religious vilification 5 49ZZA Definitions 6 In this Part: 7 public act includes: 8 (a) any form of communication to the public including 9 speaking, writing, printing, displaying notices, 10 broadcasting, telecasting, screening and playing of tapes or 11 other recorded material, and 12 (b) any conduct (not being a form of communication referred 13 to in paragraph (a)) observable by the public, including 14 actions and gestures and the wearing or display of clothing, 15 signs, flags, emblems and insignia, and 16 (c) the distribution or dissemination of any matter to the 17 public with knowledge that the matter promotes or 18 expresses hatred towards, serious contempt for or severe 19 ridicule of, a person or group of persons on the ground of 20 the religious belief or activity of the person or members of 21 the group. 22 religious belief or activity means: 23 (a) holding a religious belief or view and includes not holding 24 a religious belief or view, and 25 (b) engaging in a religious activity, and includes not engaging 26 in or refusing to engage in a religious activity. 27 49ZZB Religious vilification unlawful 28 (1) It is unlawful for a person, by a public act, to incite hatred 29 towards, serious contempt for, or severe ridicule of, a person or 30 group of persons on the ground of the religious belief or activity 31 of the person or members of the group. 32 (2) Nothing in this section renders unlawful: 33 (a) a fair report of a public act referred to in subsection (1), or 34 Page 3
Anti-Discrimination Amendment (Religious Tolerance) Bill 2005 Schedule 1 Amendments (b) a communication or the distribution or dissemination of 1 any matter comprising a publication referred to in Division 2 3 of Part 3 of the Defamation Act 1974 or which is 3 otherwise subject to a defence of absolute privilege in 4 proceedings for defamation, or 5 (c) a public act, done reasonably and in good faith, for 6 academic, artistic, scientific or research purposes or for 7 other purposes in the public interest, including discussion 8 or debate and expositions of any act or matter. 9 49ZZC Offence of serious religious vilification 10 (1) A person must not, by public act, incite hatred towards, serious 11 contempt for, or severe ridicule of, a person or group of persons 12 on the ground of the religious belief or activity of the person or 13 members of the group by means which include: 14 (a) threatening physical harm towards, or towards any 15 property of, the person or group of persons, or 16 (b) inciting others to threaten physical harm towards, or 17 towards any property of, the person or group of persons. 18 Maximum penalty: 19 In the case of an individual--50 penalty units or imprisonment 20 for 6 months, or both. 21 In the case of a corporation--100 penalty units. 22 (2) A person is not to be prosecuted for an offence under this section 23 unless the Attorney General has consented to the prosecution. 24 [2] Section 87 Definitions 25 Omit "or 49ZXB" from the definition of vilification complaint. 26 Insert instead ", 49ZXB or 49ZZB". 27 [3] Section 89B Prosecution for serious vilification 28 Omit "or 49ZXC" wherever occurring from section 89B (1), (2) and (5). 29 Insert instead ", 49ZXC or 49ZZC". 30 [4] Schedule 1 Savings and transitional provisions 31 Insert at the end of clause 1 (1): 32 Anti-Discrimination Amendment (Religious Tolerance) Act 2005 33 Page 4
Anti-Discrimination Amendment (Religious Tolerance) Bill 2005 Amendments Schedule 1 [5] Schedule 1, Part 6 1 Insert at the end of the Schedule: 2 Part 6 Anti-Discrimination Amendment (Religious 3 Tolerance) Act 2005 4 17 Operation of amendment 5 (1) The amendments made by the amending Act do not apply in 6 respect of anything done or omitted to be done before the 7 commencement of Schedule 1 to the amending Act. 8 (2) This Act continues to apply to anything done or omitted to be 9 done before the commencement of Schedule 1 to the amending 10 Act as if the amendments made by the amending Act had not been 11 enacted. 12 (3) In this clause: 13 the amending Act means the Anti-Discrimination Amendment 14 (Religious Tolerance) Act 2005. 15 Page 5
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