Victorian Consolidated Legislation

Racial and Religious Tolerance Act 2001 - SECT 24

PART 4 SERIOUS VILIFICATION OFFENCES

Offence of serious racial vilification

24. Offence of serious racial vilification



(1) A person (the offender) must not, on the ground of the race of another
person or class of persons, intentionally engage in conduct that the offender
knows is likely-

   (a)  to incite hatred against that other person or class of persons; and

   (b)  to threaten, or incite others to threaten, physical harm towards that
        other person or class of persons or the property of that other person
        or class of persons.

Note Engage in conduct includes use of the internet or e-mail to publish or
transmit statements or other material. Penalty: In the case of a body
corporate, 300 penalty units; In any other case, imprisonment for 6 months or
60 penalty units or both.

(2) A person (the offender) must not, on the ground of the race of another
person or class of persons, intentionally engage in conduct that the offender
knows is likely to incite serious contempt for, or revulsion or severe
ridicule of, that other person or class of persons.

Note Engage in conduct includes use of the internet or e-mail to publish or
transmit statements or other material. Penalty: In the case of a body
corporate, 300 penalty units; In any other case, imprisonment for 6 months or
60 penalty units or both.

(3) For the purposes of subsections (1) and (2), conduct-

   (a)  may be constituted by a single occasion or by a number of occasions
        over a period of time; and

   (b)  may occur in or outside Victoria.

(4) A prosecution for an offence against subsection (1) or (2) must not be
commenced without the written consent of the Director of Public Prosecutions.