Körero Whakamauähara : Hate Speech racial vilification,125 transgender vilification126 and HIV/AIDs vilification127 unlawful. Under each of these sections it is unlawful to “incite hatred towards, serious contempt for, or severe ridicule” of a person or group of persons on the grounds of race, transgender, or HIV/ AIDS status. There has not been a prosecution under this section for 30 years.128 Up until 2018 the ADA also provided for the criminal offences of serious racial vilification,129 serious transgender vilification,130 serious homosexual131 vilification132 and serious HIV/AIDs vilification. However, these crimes were recently moved to the Crimes Act 1900 following the passing of the Crimes Amendment (Publicly Threatening and Inciting Violence) Bill 2018 in June 2018.133 In addition, the grounds were broadened to include religion. Section 93Z of the Crimes Act now sets out the criminal offence of publicly threatening or inciting violence on the grounds of race, religion, sexual orientation, gender identity or intersex or HIV/AIDS status to create a new criminal offence where: A person who, by a public act, intentionally or recklessly threatens or incites violence towards another person or a group of persons on any of the following grounds is guilty of an offence… The penalty was also increased to a maximum term of three years imprisonment. The removal of criminal offences from the ADA was a result of an inquiry on racial vilification law in New South Wales which was established by the New South Wales Parliament in 2012. The Standing Committee on Law and Justice produced its report a year later.134 In June 2018, the New South Wales government provided its response to the report of the inquiry and indicated that it would introduce a Bill to Parliament to implement the following proposed reforms:135 • Broadening grounds to include ‘religious belief or affiliation, or absence thereof’ • Dealing with ‘threatening violence ’in addition to ‘inciting violence’ • Moving all serious vilification offences from the ADA into the Crimes Act 1900 Victoria Victoria has both civil and criminal vilification laws under the Racial and Religious Tolerance Act 2001 on the grounds of race and religion. Under the Act it is unlawful to engage in conduct that “incites hatred against, serious contempt for, or revulsion or severe ridicule of, that other person or class of persons” on the grounds of race or religious belief or activity.136 A person can lodge a complaint with the Victoria Human Rights Commission and a decision will be made whether to conciliate the complaint. The complainant can make a complaint to the Victorian Civil and Administrative Tribunal if the complaint cannot be resolved.137 The Act also provides for separate criminal offences of serious racial vilification and serious religious vilification. A person must not, on the ground of race or religious belief or activity:138 Anti-Discrimination Act 1977 (NSW) s 20(c). Anti-Discrimination Act 1977 (NSW) s 38S. 127 Anti-Discrimination Act 1977 (NSW) s 49ZXB. 128 Stepan Kerkyasharian Ao, Report on Consultation: Serious Vilification Laws in NSW (May 2017), at 6; See also Christopher Knaus, “Tougher race hate laws for NSW as government reverses position again” (5 June 2018) The Guardian <www.theguardian.com>. 129 Anti-Discrimination Act 1977 (NSW) s 20D. 130 Anti-Discrimination Act 1977 (NSW) s 38T, as inserted by the Transgender (Anti-Discrimination and Other Acts Amendment) Act 1996 (NSW) s 3. 131 Anti-Discrimination Act 1977 (NSW) s 49ZTA, as inserted by the Anti-Discrimination (Homosexual Vilification) Amendment Act 1993 s 3. 132 Anti-Discrimination Act 1977 (NSW) s 49ZXC, as inserted by the Anti-Discrimination (Amendment) Act 1994 s 3. 133 Crimes Amendment (Publicly Threatening and Inciting Violence) Bill 2018 [NSW], Passed by both Houses (2018). 134 Legislative Council, Standing Committee on Law and Justice, Racial vilification law in New South Wales – Report 50 (3 December 2013). 135 Mark Speakman, Attorney General, Government Response to the Legislative Council Standing Committee on Law and Justice’s Inquiry into Racial Vilification law in NSW, (5 June 2018). 136 Racial and Religious Tolerance Act 2001, ss 7 and 8. 137 Equal Opportunity Act 1995. 138 Racial and Religious Tolerance Act 2001, ss 24-25. 125 126 27