Section 49ZT of the Anti-Discrimination Act 1977 (NSW) is constitutionally valid and does not infringe the implied freedom of political communication. The effect of a public act under s 49ZT(1) is to be assessed by reference to an ordinary member of the class to whom the act is directed, not a reasonable person generally. 'Good faith' in s 49ZT(2)(c) involves a broad subjective assessment of the defendant's intentions rather than an objective standard. The word 'incite' requires that the public act be capable of encouraging or spurring others to harbour hatred, serious contempt or severe ridicule — merely expressing such emotions is insufficient.
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