Page 5210 - Week 16 - Thursday, 28 November 1991

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(b) any conduct (not being a form of communication referred to in paragraph (a)) observable by the public, including actions and gestures and the wearing or display of clothing, signs, flags, emblems and insignia; and

Racial Vilification - Unlawful

63B. (1) It is unlawful for a person, by a public act, to incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of the race of the person or members of the group.

(2) Nothing in this section renders unlawful -

(a) a fair report of a public act referred to in subsection (1);

(b) a communication or the distribution or dissemination of any matter comprising a publication which is subject to a defamation; or

(c) a public act, done reasonably and in good faith, for academic, artistic, scientific or research purposes or for other purposes in the public interest, including discussion or debate about and expositions of any act or matter.

Serious Racial Vilification - Offence

63C. A person shall 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 the race of the person or members of the group by means which include -

(a) threatening physical harm towards, or towards any property of, the person or group of persons; or

(b) inciting others to threaten physical harm towards, or towards any property of, the person or group of persons.

Penalty: $2,000.".

I remind members that proposed new Part VA is on a sheet of paper circulated last night. It is not the list circulated earlier that was printed on a word processor and headed with a part number after clause 63.

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