New Zealand Human Rights Commission: Te Kähui Tika Tangata . . . intentionally engage in conduct that the offender knows is likely – (a) to incite hatred against that other person or class of persons; and (b) to threaten, or incite others to threaten, physical harm towards that other person or class of persons or the property of that other person or class of persons. The penalty for an individual is imprisonment for six months and/or 60 penalty units and in the case of a body corporate 300 penalty units.139 Queensland Like Victoria and New South Wales, Queensland has both civil and criminal vilification laws under the AntiDiscrimination Act 1991. A civil remedy for vilification on the grounds of race, religion, sexuality or gender identity is set out under section 124A of the Act: 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 the race, religion, sexuality or gender identity of the person or members of the group. An individual can make a complaint to the Queensland Anti-Discrimination Commission. If the complaint is accepted, the Commission will investigate and attempt to resolve through conciliation. Where complaints cannot be conciliated the complainant can seek referral to a tribunal.140 Section 131A of the Act also provides for the criminal offences of serious vilification on the grounds of race, religion, sexuality or gender: persons on the ground of the race, religion, sexuality or gender identity of the person or members of the group in a way that includes— (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. The offence carries a penalty of up to six months imprisonment and or 70 penalty units. Written consent of a Crown Law Officer is required before a proceeding is commenced under this section.141 South Australia South Australia has no civil vilification law. However, the Racial Vilification Act 1996 makes racial vilification a criminal offence.142 Section 4 provides: 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— (a) threatening physical harm to the person, or members of the group, or to property of the person or members of the group; or (b) 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. The offence carries a penalty of imprisonment for three years and/or a $5,000 fine for an individual. A prosecution for the offence cannot be commenced without the Director of Public Prosecutions’ written consent.143 (1) A person must not, by a public act, knowingly or recklessly incite hatred towards, serious contempt for, or severe ridicule of, a person or group of At ss 24-25. Work-related complaints are dealt with by the Queensland Industrial Relations Commission. All other complaints are dealt with by the Queensland Civil and Administrative Tribunal. 141 Anti-Discrimination Act 1991, s 131A(2). 142 Racial Vilification Act 1996. 143 Racial Vilification Act 1996, s 5 139 140 28