ANTI-DISCRIMINATION ACT 1991 - SECT 131A Offence of serious racial, religious, sexuality or gender identity vilification

ANTI-DISCRIMINATION ACT 1991 - SECT 131A

131A Offence of serious racial, religious, sexuality or gender identity vilification

(1) A person must not, by a public act, knowingly or recklessly incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of the race, religion, sexuality or gender identity 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.

Penalty—

Maximum penalty—

(a) for an individual—70 penalty units or 6 months imprisonment; or

(b) for a corporation—350 penalty units.

(2) A Crown Law Officer’s written consent must be obtained before a proceeding is started by complaint under the Justices Act 1886 in relation to an offence under subsection (1) .

(3) An offence under subsection (1) is not an offence for section 155 (2) or 226 .

(4) In this section—


"Crown Law Officer" means the Attorney-General or Director of Public Prosecutions.