Criminal Code Amendment (Hate Crimes) Bill 2024

The majority voted in favour of a motion to agree with the remaining stages of the bill so that it is now passed in the Senate. In parliamentary jargon, they voted to read the bill for a third time. Because the bill has already passed in the House of Representatives, it can now become law.

Rebellion

South Australian Senator Alex Antic (Liberal) crossed the floor to vote No against the rest of the Liberal Party.

What does this bill do?

According to the bills digest (which is a document prepared by the parliamentary library):

• The purpose of the Criminal Code Amendment (Hate Crimes) Bill 2024 (the Bill) is to amend the Criminal Code Act 1995 (the Criminal Code) to extend the existing offences for urging force or violence and for displaying hate symbols, and to introduce new offences for threatening force or violence against targeted groups and their members.
• The Government has stated that this is a response to an increasing prevalence of hate speech calling for force or violence.
• The fault element for aspects of the existing offences of urging force or violence is proposed to be reduced from intent to recklessness.
• The groups against whom it would be an offence to threaten force or violence would be distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion.
• Similarly, the lists of groups against whom it is currently an offence to urge force or violence, and those protected by the prohibited hate symbols offences would be expanded.
• The Bill also proposes to remove an existing good faith defence from the existing urging force or violence offences and for the proposed threatening force or violence offences.
• The Bill has been referred to the Senate Legal and Constitutional Affairs Legislation Committee, with a report due by 12 December 2024.
• The Senate Scrutiny of Bills Committee [Digest 12 of 2024] raised concerns with the Bill, relating to the appropriateness of removing the existing good faith defences for certain offences.