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This is a Bill, not an Act. For current law, see the Acts databases.


STATUTES AMENDMENT (HATE CRIMES) BILL 2020

South Australia

Statutes Amendment (Hate Crimes) Bill 2020

A BILL FOR

An Act to amend the Criminal Law Consolidation Act 1935


and the Sentencing Act 2017


.


Contents

Part 1—Preliminary


1Short title


2Amendment provisions


Part 2—Amendment of Criminal Law Consolidation Act 1935


3Amendment of section 5AA—Aggravated offences


Part 3—Amendment of Sentencing Act 2017


4Amendment of section 11—Individual sentencing factors


Schedule 1—Transitional provisions


1Transitional provision—Criminal Law Consolidation Act 1935


2Transitional provision—Sentencing Act 2017



The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Statutes Amendment (Hate Crimes) Act 2020.

2—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Criminal Law Consolidation Act 1935

3—Amendment of section 5AA—Aggravated offences

(1) Section 5AA(1)—after paragraph (e) insert:

(ea) the offender committed the offence—

(i) as a result of, or for reasons related to, the offender's hatred for, or prejudice against, a particular group or groups of people (including, without limiting this paragraph, people of a particular race, religion, sex, sexual orientation, gender identity or age, or people having an intersex variation or a particular disability); and

(ii) knowing, or believing, that the victim was a member of that group or groups,

(whether or not there were also other reasons for the commission of the offence);

(2) Section 5AA—after subsection (2) insert:

(2aa) For the purposes of subsection (1)(ea)(i)—

(a) the question of whether a person hates, or is prejudiced against, a particular group of people is to be determined according to the standards of ordinary people; and

(b) the reasons (if any) for a person's hatred or prejudice a particular group of people are to be disregarded.

Part 3—Amendment of Sentencing Act 2017

4—Amendment of section 11—Individual sentencing factors

Section 11(1)—after paragraph (c) insert:

(ca) whether the offence was wholly or partly motivated by hatred for, or prejudice against, a group of people to which the defendant believed the victim belonged (including, without limiting this paragraph, people of a particular race, religion, sex, sexual orientation, gender identity or age, or people having an intersex variation or a particular disability);

Schedule 1—Transitional provisions

1—Transitional provision—Criminal Law Consolidation Act 1935

Section 5AA(1)(ea) and (2aa) of the Criminal Law Consolidation Act 1935


(as enacted by this Act) will be taken not to apply in relation to an offence committed before the commencement of this clause.

2—Transitional provision—Sentencing Act 2017

Section 11(1)(ca) of the Sentencing Act 2017


(as enacted by this Act) will be taken not to apply in relation to sentencing for an offence that occurred before the commencement of this clause.

 


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