Malarndirri McCarthy (NT, Australian Labor Party, Minister for Indigenous Australians) Share this | Hansard source

I move:

That this bill be now read a second time.

I seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

Acceptance and diversity lies at the heart of our Australian democracy. The Albanese Government is committed to the safety and security of the community. It is our responsibility as a government, and as a parliament, to use our collective voice to send a clear, unambiguous message: it is unacceptable to advocate, threaten or commit violence against another person because of who they are, who they pray to, who they love.

Strengthening urging violence offences

The bill will strengthen existing offences in the Criminal Code for urging violence against groups or members of groups.

These offences currently protect groups distinguished by race, religion, nationality, national or ethnic origin or political opinion. The bill will expand the list of attributes to be protected to include attributes of sex, sexual orientation, gender identity, intersex status and disability.

The bill will amend these offences to capture circumstances in which a person intentionally urges force or violence and is reckless as to whether the force or violence will occur.

The term 'urging' will be replaced with 'advocating'—defined to mean counsel, encourage, promote or urge—to ensure the offences capture all forms of inciting violence.

Importantly, the bill will also remove the availability of the good faith defence. There are no circumstances in which advocating force or violence can be done in good faith.

These amendments senda clear message that this hateful conduct is incompatible with Australia's values and will not be tolerated.

Criminalising threats of force or violence against groups

The bill will establish new criminal offences for directly threatening force or violence towards a group, or member of a group, distinguished by protected attributes.

These new offences will provide law enforcement with the capacity to address conduct which involves a direct threat from one person to another.

There will also be no defence of good faith for this offence. Threats of force or violence cannot be done in good faith.

New criminal offences for threatening damage to property

The bill introduces a new criminal offence for threatening damage to, or destruction of, real property or a motor vehicle, where this is done because of a belief that the property is a place of worship of a targeted group, or the owner or occupier is a member of a targeted group or their close associate.

The offences recognise that attacks on places of worship cause considerable impacts on these groups beyond their ability to freely practice their faith, including eroding feelings of acceptance, safety and belonging within the Australian community.

The bill would also introduce new offences for advocating force or violence against a targeted group by causing damage to property.

Close associates

The bill amends the offences of advocating violence and threatening violence against groups or their members, to acknowledge the harm to close associates of those members caused by this offending.

A close associate will include close family members of individuals distinguished by a protected attribute, and carers or assistants of persons with a disability, who may be targeted by threats of violence because of their close association with a targeted person.

Strengthening public display of hate symbols offences

The bill will amend the existing offences in the Criminal Code for publicly displaying prohibited Nazi and terrorist organisation symbols or making the Nazi salute.

It will expand the list of groups which these offences protect to include groups distinguished by sexual orientation, gender identity, intersex status or disability.

The amendments accord with Australia's international human rights obligations and complement existing civil protections in the Sex Discrimination Act 1984.

Extending the protections to persons living with disability also acknowledges the need for a stronger and more comprehensive legal framework to respect, protect and fulfil the human rights of people with disability.

Amendments to penalties

The bill amends the penalties applicable to certain Commonwealth offences. The Bill introduces mandatory minimum penalties of:

The Bill also increases the maximum penalty for publicly displaying a prohibited hate symbol, or performing the Nazi salute, to 5 years.

Conclusion

Australia's diversity is our great strength.

With these laws, we are sending a clear signal to those who seek to divide us. There is no place in this country for violence or threats of violence.

For those who have faced hatred and violence simply for being who you are, we stand with you. We are acting to keep you safe and ensure you are free to live your lives without fear of persecution.

I commend the Bill to the Parliament.