Criminal Code Amendment (Hate Crimes) Bill 2024

The majority voted in favour of government amendment (1) on sheet AA101, which means it will now form part of the bill. These related to mandatory minimum sentences and maximum penalties.

What do these amendments do?

According to the explanatory memorandum (which is a document prepared by the government):

The amendments would amend the Crimes Act 1914 (Crimes Act) and the Criminal Code Act 1995 (Criminal Code) to:

• Create mandatory minimum penalties of 6 years imprisonment for offences against Division 101 and 102 of the Criminal Code , except subsections 102.8(1) or (2), for which the minimum penalty will be 12 months imprisonment.

• Create mandatory minimum penalties of 3 years imprisonment for offences against Division 103 of the Criminal Code.

• Create mandatory minimum penalties of 12 months imprisonment for offences for publicly displaying prohibited Nazi or terrorist organisation symbols, or performing the Nazi salute.

• Increase the maximum penalty for publicly displaying a prohibited Nazi or terrorist organisation symbol, or performing the Nazi salute, to 5 years imprisonment.