Criminal Code Amendment (Racist harassment and incitement to racial hatred) Act 1990 (WA)

WESTERN AUSTRALIA

CRIMINAL CODE ENDMENT

( CIST SSMENT AND

INCITEMENT TO

CIAL TRED) ACT

No. 33 of 1990

AN ACT to amend The Criminal Code to create offences

relating to racist harassment and incitement to racial

hatred and for connected purposes.

[Assented to 9 October, 1990]

The Parliament of Western Australia enacts as follows:

Short title

1. This Act may be cited as the Criminal Code Amendment

(Racist harassment and incitement to racial hatred) Act 1990.

No. 33] Criminal Code Amendment (Racist harassment [1990

and incitement to racial hatred) Act

The Code

2. In this Act "the Code" means The Criminal Code*.

[*Reprinted as approved 13 December 1983 as the Schedule to the Criminal Code Act 1913 appearing in Appendix B to the Criminal Code Act Compilation Act 1913, and amended by Acts Nos. 87 of 1982, 13, 52 and 121 of 1984, 14, 74 and 119 of 1985, 89 of 1986 and 47, 74, 106 and 129 of 1987, 70 of 1988 and 32 of 1989.]

Chapter XI inserted

3.    After section 75 of the Code the following chapter is inserted

it

CHAPTER XI—RACIST HARASSMENT AND

INCITEMENT TO RACIAL HATRED

Definitions

76. In this chapter

"display" means display in or within view of a public

place;

"distribute" means distribute to the public or a section

of the public;

"publish" means publish to the public or a section of the

public;

"racial group" means any group of persons defined by reference to race, colour or ethnic or national origins;

"written or pictorial material" means any poster, graffiti, sign, placard, newspaper, leaflet, handbill, writing, inscription, picture, drawing or other visible representation.

1990] Criminal Code Amendment (Racist harassment [No. 33

and incitement to racial hatred) Act

Possession of material for publication,

etc., to incite racial hatred

77. Any person who-

(a)	possesses written or pictorial material that is threatening or abusive; and
(b)	intends the material to be published, distributed or displayed whether by that person or another person; and
(c)	intends hatred of any racial group to be created, promoted or increased by the publication, distribution or display of the material,

is guilty of a crime and is liable to imprisonment for 2 years.

Summary conviction penalty: Imprisonment for 6 months

or a fine of $2 000.

Publication, etc., of material

to incite racial hatred

78. Any person who-

(a)	publishes, distributes or displays written or pictorial material that is threatening or abusive; and
(b)	intends hatred of any racial group to be created, promoted or increased by the publication, distribution or display of the material,

is guilty of a crime and is liable to imprisonment for 2 years.

Summary conviction penalty: Imprisonment for 6 months

or a fine of $2 000.

No. 33] Criminal Code Amendment (Racist harassment [1990

and incitement to racial hatred) Act

Possession of material for display

to harass a racial group

79. If

(a)	any person possesses written or pictorial material that is threatening or abusive; and
(b)	that person intends the material to be displayed whether by that person or another person; and
(c)	that person intends any racial group to be harassed by the display of the material,

that person is guilty of a crime and is liable to imprisonment

for one year.

Summary conviction penalty: Imprisonment for 3 months

or a fine of $1 000.

Display of material to harass a racial group

80. If

(a)	any person displays written or pictorial material that is threatening or abusive; and
(b)	that person intends any racial group to be harassed by the display of the material,

that person is guilty of a crime and is liable to imprisonment

for one year.

Summary conviction penalty: Imprisonment for 3 months

or a fine of $1 000.

1990] Criminal Code Amendment (Racist harassment [No. 33

and incitement to racial hatred) Act

Section 597A inserted

4. After section 597 of the Code the following section is inserted

Charge relating to incitement to

racial hatred and like offences

f t

597A. (1) Upon an indictment charging a person with an offence under section 77 or 78 the person may be convicted of an offence under the other of those sections or under section 79 or 80.

(2) Upon an indictment charging a person with an offence under section 79 or 80 the person may be convicted of an offence under the other of those sections. ".