Title: Statutes Amendment (Hate Crimes) Bill 2020
Author: Office of Parliamentary Counsel
Last saved by: BAT-A16550-LegSAFTP
Category: parliamentary.copy
Document comments: lc89

Legislative Council—No 89
As introduced and read a first time, 2 December 2020

Statutes Amendment (Hate Crimes) Bill 2020
Contents

Statutes Amendment (Hate Crimes) Bill 2020

Statutes Amendment (Hate Crimes) Bill 2020
Part 1—Preliminary

Statutes Amendment (Hate Crimes) Bill 2020
Preliminary—Part 1

Statutes Amendment (Hate Crimes) Bill 2020
Part 2—Amendment of Criminal Law Consolidation Act 1935

Statutes Amendment (Hate Crimes) Bill 2020
Amendment of Criminal Law Consolidation Act 1935—Part 2

Statutes Amendment (Hate Crimes) Bill 2020
Part 3—Amendment of Sentencing Act 2017

Statutes Amendment (Hate Crimes) Bill 2020
Amendment of Sentencing Act 2017—Part 3

Statutes Amendment (Hate Crimes) Bill 2020
Schedule 1—Transitional provisions

Statutes Amendment (Hate Crimes) Bill 2020
Transitional provisions—Schedule 1

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
1	Short title
2	Amendment provisions
Part 2—Amendment of Criminal Law Consolidation Act 1935
3	Amendment of section 5AA—Aggravated offences
Part 3—Amendment of Sentencing Act 2017
4	Amendment of section 11—Individual sentencing factors
Schedule 1—Transitional provisions
1	Transitional provision—Criminal Law Consolidation Act 1935
2	Transitional 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.

LC GP 725-B: the Hon Tammy Franks MLC