South Australia act

Racial Vilification Act 1996

In ForceSA

Jurisdiction

South Australia

Collection

act

Plain English Summary

4/10 complexity

This Act makes it a criminal offence to, by a public act, incite hatred, serious contempt or severe ridicule of a person or group on racial grounds by threatening physical harm or encouraging others to do so (s4). It applies to individuals and corporations, sets fines and possible imprisonment, requires the Director of Public Prosecutions' written consent before prosecution (s5), and allows courts to award damages (including punitive damages) up to an overall $40,000 limit (s6).

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Racial Vilification Act 1996

South Australia Racial Vilification Act 1996 An Act to prohibit certain conduct involving vilification of people on the ground of race.

Contents 1 Short title 3 Interpretation 4 Racial vilification 5 DPP's consent required for prosecution 6 Damages Legislative history

The Parliament of South Australia enacts as follows: 1—Short title This Act may be cited as the Racial Vilification Act 1996. 3—Interpretation In this Act— DPP means the Director of Public Prosecutions; public act means— (a) any form of communication with the public; or (b) conduct in a public place; race of a person means the nationality, country of origin, colour or ethnic origin of the person or of another person with whom the person resides or associates; threat includes— (a) conduct in which a threat is implicit; (b) a conditional threat. 4—Racial vilification 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. Maximum penalty: If the offender is a body corporate—$25 000. If the offender is a natural person—$5 000, or imprisonment for 3 years, or both. 5—DPP's consent required for prosecution A prosecution for an offence against this Act cannot be commenced without the DPP's written consent. 6—Damages (1) A court by which a person is convicted of an offence against this Act may award damages (including punitive damages) against the defendant. (2) Damages may be awarded under subsection (1)— (a) if the offence was directed at a specific person—in favour of that person; or (b) if the offence was directed at the members of a particular racial group—in favour of an organisation formed to further the interests of the relevant group. (3) The total amount of the damages that may be awarded for the same act, or series of acts, cannot exceed $40 000. (4) In applying the limit fixed by subsection (3), the court must take into account damages awarded in civil proceedings for the tort of racial victimisation1 in respect of the same act or series of acts. (5) Before a court awards damages under this section, the court must— (a) take reasonable steps to ensure that all persons who may have been harmed by the defendant's conduct are given a reasonable opportunity to claim damages in the proceedings; or (b) take other action that appears reasonable and necessary in the circumstances to protect the interests of possible claimants who are not before the court. Note— 1 See section 37 of the Wrongs Act 1936. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation amended by principal Act The Racial Vilification Act 1996 amended the following: Wrongs Act 1936 Principal Act Year No Title Assent Commencement 1996 92 Racial Vilification Act 1996 12.12.1996 6.7.1998 (Gazette 2.7.1998 p9) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended under Legislation Revision and Publication Act 2002

s 2 omitted under Legislation Revision and Publication Act 2002

s 7 omitted under Legislation Revision and Publication Act 2002

Source text

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Racial Vilification Act 1996

South Australia Racial Vilification Act 1996 An Act to prohibit certain conduct involving vilification of people on the ground of race.

Contents 1 Short title 3 Interpretation 4 Racial vilification 5 DPP's consent required for prosecution 6 Damages Legislative history

The Parliament of South Australia enacts as follows: 1—Short title This Act may be cited as the Racial Vilification Act 1996. 3—Interpretation In this Act— DPP means the Director of Public Prosecutions; public act means— (a) any form of communication with the public; or (b) conduct in a public place; race of a person means the nationality, country of origin, colour or ethnic origin of the person or of another person with whom the person resides or associates; threat includes— (a) conduct in which a threat is implicit; (b) a conditional threat. 4—Racial vilification 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. Maximum penalty: If the offender is a body corporate—$25 000. If the offender is a natural person—$5 000, or imprisonment for 3 years, or both. 5—DPP's consent required for prosecution A prosecution for an offence against this Act cannot be commenced without the DPP's written consent. 6—Damages (1) A court by which a person is convicted of an offence against this Act may award damages (including punitive damages) against the defendant. (2) Damages may be awarded under subsection (1)— (a) if the offence was directed at a specific person—in favour of that person; or (b) if the offence was directed at the members of a particular racial group—in favour of an organisation formed to further the interests of the relevant group. (3) The total amount of the damages that may be awarded for the same act, or series of acts, cannot exceed $40 000. (4) In applying the limit fixed by subsection (3), the court must take into account damages awarded in civil proceedings for the tort of racial victimisation1 in respect of the same act or series of acts. (5) Before a court awards damages under this section, the court must— (a) take reasonable steps to ensure that all persons who may have been harmed by the defendant's conduct are given a reasonable opportunity to claim damages in the proceedings; or (b) take other action that appears reasonable and necessary in the circumstances to protect the interests of possible claimants who are not before the court. Note— 1 See section 37 of the Wrongs Act 1936. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Legislation amended by principal Act The Racial Vilification Act 1996 amended the following: Wrongs Act 1936 Principal Act Year No Title Assent Commencement 1996 92 Racial Vilification Act 1996 12.12.1996 6.7.1998 (Gazette 2.7.1998 p9) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended under Legislation Revision and Publication Act 2002