Hate crime offences
This webpage provides general information only. It does not contain, and should not be relied on, as legal advice.
There is no place in Australia for hatred or extremism of any kind.
Australia’s hate crime offences
Division 80 of the Criminal Code Act 1995 makes it a crime to advocate or threaten physical force or violence against people because of who they are.
These laws protect people who are targeted because of their:
- race or ethnic background
- religion
- sex or sexual orientation
- gender identity or intersex status
- disability
- nationality
- political opinion.
They also protect close associates, including close family members. For people with disability, this includes their carers or assistants.
These criminal offences work alongside state and territory criminal offences and other related Commonwealth criminal offences. This includes Commonwealth offences for:
- advocating terrorism (section 80.2C)
- publicly displaying prohibited symbols or giving the Nazi salute (sections 80.2H and 80.2HA)
- using a carriage service to menace, harass or cause offence (section 474.17).
When a court sentences someone for any Commonwealth crime, it must choose a penalty that fits its seriousness.
In determining the seriousness of a crime, the court must consider whether the crime was motivated by hatred towards a person because of their race, ethnic background, or nationality. If hatred was a factor, this can lead to a more severe sentence.
Offences for advocating or threatening violence
It is a criminal offence to advocate or threaten physical violence against groups, members of groups or their close associates.
Advocating violence
You may commit a crime if you:
- intentionally counsel, promote, encourage or urge physical force or violence
- are reckless about whether the force or violence would happen
- are reckless that the target was distinguished by one of the characteristics listed above.
Advocating violence can include public statements, messages or actions that encourage others to use force.
These offences attract a penalty of up to7 years in prison, and up to 10 years in prison if the conduct would also threaten the peace, order and good government of the Commonwealth.
A mandatory minimum of one year in prison applies in limited circumstances where the target person or group is distinguished by race, religion or ethnic origin and the force or violence is advocated through causing damage to property.
Threatening violence
You may commit a crime if:
- you intentionally threaten to use physical force or violence against a targeted group, a member of a group or their close associate.
- you are reckless about whether the target of the force or violence was distinguished by one or more of the protected attributes listed above.
- a reasonable person in the targeted group would fear the threat would be carried out.
There is no requirement to prove that the threat actually caused a specific member of the targeted group to fear the threatened force or violence.
These offences attract a penalty of up to 7 years in prison, and up to 10 years in prison if the conduct would also threaten the peace, order and good government of the Commonwealth.
Offences for advocating or threatening damage to places of worship or property
Sections 80.2BC and 80.2BD of the Criminal Code make it a crime to advocate or threaten damage to:
- places of worship (such as churches, mosques, synagogues or temples), or
- property owned or used by protected groups or their close associates.
This includes buildings, homes, schools, businesses or motor vehicles.
Advocating property damage
You may commit a crime if you:
- intentionally counsel, promote, encourage or urge damage to property
- are reckless about whether the damage will occur
- believe that the property belongs to or is used by a protected person or group or their close associate
- are reckless that the targeted person or group was distinguished by one of the characteristics listed above.
Threatening property damage
You may commit a crime if you:
- intentionally threaten to damage property
- believe that the property belongs to or is used by a protected person or group or their close associate
- are reckless that the targeted person or group was distinguished by one of the characteristics listed above
- are reckless about whether a reasonable person in the targeted group would fear that the threat will be carried out.
These offences attract a penalty of up to 7 years in prison, and if up to 10 years in prison if the conduct would also threaten the peace, order and good government of the Commonwealth.
Aggravated offence for religious officials, spiritual and other leaders
There are stronger penalties for religious, spiritual or other leaders who use their position to advocate or threaten physical force or violence.
Section 80.2DA of the Criminal Code makes it a more serious crime for a person to advocate or threaten force, violence or property damage (under the existing criminal offences) while acting in their role as:
- a religious official
- a spiritual leader, or
- any other leader of a group who provides religious teaching or pastoral care (whether religious or non-religious).
A religious official or spiritual leader includes anyone who leads worship, teaches religion or provides pastoral or spiritual guidance, even if they do not hold an official title or formal position.
The offence attracts a penalty of up to 10 years in prison, and up to 12 years in prison if the conduct would also threaten the peace, order and good government of the Commonwealth.
Aggravated offence for advocating violence or property damage to a child
There are also stronger penalties for adults who intentionally advocate force or violence against targeted persons or groups to a child.
Section 80.2DB of the Criminal Code makes it a more serious crime where a person:
- intentionally encourages others to use physical violence or damage property owned or occupied by a targeted person or group
- is reckless about whether at least one person who was encouraged to do so is under 18 years old.
It does not matter if the person knew that a child was present, or if a child actually carried out any violence or property damage.
The offence attracts a penalty of up to 10 years in prison, and up to 12 years in prison if the conduct would also threaten the peace, order and good government of the Commonwealth.
Defences
The general defences in the Criminal Code apply to these offences. This includes defences for duress or self-defence. There is no defence for acting in good faith when it comes to these offences.
Report a potential crime
If you feel threatened or unsafe in any way, you can contact police on:
You can report a Commonwealth crime to the AFP online using the Report a Commonwealth Crime form.