Racial Vilification Act 1996

This Act may be cited as the Racial Vilification Act 1996.

In this Act—

DPP means the Director of Public Prosecutions;

public act means—

any form of communication with the public; or

conduct in a public place;

race of a person means the nationality, country of origin, colour or ethnic origin of the person or of another person with whom the person resides or associates;

threat includes—

conduct in which a threat is implicit;

a conditional threat.

A person must not, by a public act, incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of their race by—

threatening physical harm to the person, or members of the group, or to property of the person or members of the group; or

inciting others to threaten physical harm to the person, or members of the group, or to property of the person or members of the group.

Maximum penalty:

If the offender is a body corporate—$25 000.

If the offender is a natural person—$5 000, or imprisonment for 3 years, or both.

A prosecution for an offence against this Act cannot be commenced without the DPP's written consent.

A court by which a person is convicted of an offence against this Act may award damages (including punitive damages) against the defendant.

Damages may be awarded under subsection (1)—

if the offence was directed at a specific person—in favour of that person; or

if the offence was directed at the members of a particular racial group—in favour of an organisation formed to further the interests of the relevant group.

The total amount of the damages that may be awarded for the same act, or series of acts, cannot exceed $40 000.

In applying the limit fixed by subsection (3), the court must take into account damages awarded in civil proceedings for the tort of racial victimisation1 in respect of the same act or series of acts.

Before a court awards damages under this section, the court must—

take reasonable steps to ensure that all persons who may have been harmed by the defendant's conduct are given a reasonable opportunity to claim damages in the proceedings; or

take other action that appears reasonable and necessary in the circumstances to protect the interests of possible claimants who are not before the court.

Note—

1 See section 37 of the Wrongs Act 1936.