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Discrimination Act 1991
67AUnlawful vilification
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67A Unlawful vilification
(1) It is unlawful for a person to incite hatred toward, revulsion of, serious
contempt for, or severe ridicule of a person or group of people on the
ground of any of the following, other than in private:
(a) disability;
(b) gender identity;
(c) HIV/AIDS status;
(d) race;
(e) religious conviction;
(f) sex;
(g) sex characteristics;
(h) sexuality;
(i) association (whether as a relative or otherwise) with a person
who is, or a group of people who are, identified by reference to
an attribute mentioned in paragraphs (a) to (h).
Examples—other than in private
1 screening recorded material at an event that is open to the public, even if
privately organised
2 writing a publicly viewable post on social media
3 speaking in an interview intended to be broadcast or published
4 actions or gestures observable by the public
5 wearing or displaying clothes, signs or flags observable by the public
Note Serious vilification is an offence under the Criminal Code, s 750.
Other unlawful acts Part 7
(2) However, it is not unlawful to—
(a) make a fair report about an act mentioned in subsection (1); or
(b) communicate, distribute or disseminate any matter consisting of
a publication that is subject to a defence of absolute privilege in
a proceeding for defamation; or
(c) do an act mentioned in subsection (1) reasonably and honestly,
for academic, artistic, scientific or research purposes or for other
purposes in the public interest, including discussion or debate
about and presentations of any matter.
HIV/AIDS status means status as a person who has the Human
Immunodeficiency Virus or Acquired Immune Deficiency
Syndrome.