Justice Legislation Amendment (Anti-vilification and Social Cohesion) Act 2025 (Vic)
Justice Legislation Amendment (Anti-vilification and Social Cohesion) Act 2025
No. 11 of 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1AAStatement for this Act
1Purposes
2Commencement
Part 2—Amendment of Crimes Act 1958
3Definitions
4New Division 2D of Part I inserted
Part 3—Amendment of Equal Opportunity Act 2010
Division 1—Prohibition of vilification
5Purposes
6Objectives
7Definitions
8Exemptions by the Tribunal
9New Part 6A inserted
Division 2—Dispute resolution
Subdivision 1—Vilification disputes brought on behalf of unnamed person
10Definitions
11Who may bring a dispute to the Commission?
12Heading to section 114 amended
13New section 114A inserted
Subdivision 2—Other amendments
14Who may bring a dispute to the Commission?
15Who can apply?
16What may the Tribunal decide?
17Commission may intervene in proceedings
18Commission may assist in proceedings as amicus curiae
19New Division 4 of Part 14 inserted
Division 3—References to new Part 6A
20What is victimisation?
21Prohibition of authorising or assisting discrimination
22Liability of person who authorises or assists
23Vicarious liability of employers and principals
24Exception to vicarious liability
25Who may bring a dispute to the Commission?
26Application may be made to Tribunal in respect of dispute
27Who can apply?
28What may the Tribunal decide?
Division 4—Amendments consequential on repeal of Racial and Religious Tolerance Act 2001
29What is victimisation?
30Commission's educative functions
31Staff of Commission
Division 5—Miscellaneous
32Definitions
33Heading to Part 7 amended
34Heading to Division 2 of Part 7 amended
35Heading to section 105 amended
36New section 189A inserted
Part 4—Consequential amendment of other Acts
Division 1—Amendment of Criminal Procedure Act 2009
37Application of Division
Division 2—Amendment of Victorian Civil and Administrative Tribunal Act 1998
38Summary dismissal of application more than 12 months old
39Part 16C of Schedule 1 repealed
Part 5—Amendment of Bail Act 1977
40Schedule 3 amended
Part 6—Repeals
Division 1—Repeal of serious vilification offences in Racial and Religious Tolerance Act 2001
41Definitions
42Part 4 repealed
Division 2—Repeal of Racial and Religious Tolerance Act 2001
43Repeal of Racial and Religious Tolerance Act 2001
Division 3—Repeal of this Act
44Repeal of this Act
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Endnotes
1 General information
Justice Legislation Amendment (Anti-vilification and Social Cohesion) Act 2025
No. 11 of 2025
[Assented to 8 April 2025]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1AAStatement for this Act
The Parliament recognises the right of all Victorians to be free from vilification and to participate equally in a democratic society.
The diversity of the people of Victoria enhances our community and Victorians embrace the benefits provided by this diversity and are proud that people live together harmoniously. However, vilification is still occurring in Victoria.
Vilification harms social cohesion through its inherent divisiveness and perpetuates the unequal distribution of power. Vilifying conduct is contrary to democratic values because of its effect on the people who are subjected to it. It diminishes their dignity, sense of self-worth and belonging to their community and can cause profound physical and psychological harm. It also reduces their ability to contribute to, or fully participate in, all social, political, economic and cultural aspects of society as equals, thus reducing the benefit that diversity brings to the community.
It is the intention of Parliament to enact law for the people of Victoria that respects the inherent dignity of all of us and promotes our equal participation in public life.
1Purposes
The purposes of this Act are—
(a)to strengthen and reform anti-vilification law; and
(ab)to protect Aboriginal and Torres Strait Islander people and others experiencing systemic injustice and structural oppression; and
(ac)to promote full and equal participation in an open and inclusive democratic society, without impeding robust discussion that does not vilify or marginalise others based on a protected attribute; and
(b)to amend the Crimes Act 1958 to include serious vilification offences; and
(c)to amend the Equal Opportunity Act 2010 to include civil anti-vilification protections; and
(d)to amend the Bail Act 1977 in relation to the offence of performing a Nazi gesture; and
(e)to repeal the Racial and Religious Tolerance Act 2001; and
(f)to make consequential amendments to other Acts.
2Commencement
(1)This Act (other than Parts 2, 3, 4 and 6) comes into operation on the day after the day on which it receives the Royal Assent.
(2)Subject to subsections (3) and (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If section 32 or a provision of Part 2, Part 4 (other than Division 2) or Part 6 (other than Division 2) does not come into operation before 20 September 2025, it comes into operation on that day.
(4)If a provision of Part 3 (other than section 32), Division 2 of Part 4 or Division 2 of Part 6 does not come into operation before 30 June 2026, it comes into operation on that day.
PART 2—AMENDMENT OF CRIMES ACT 1958
3Definitions
In section 2A(1) of the Crimes Act 1958, in the definition of incite, after "includes" insert ", except in section 195N,".
4New Division 2D of Part I inserted
After Division 2C of Part I of the Crimes Act 1958 insert—
"Division 2D—Serious vilification
195MDefinitions
In this Division—
disability has the same meaning as in section 4(1) of the Equal Opportunity Act 2010;
gender identity has the same meaning as in section 4(1) of the Equal Opportunity Act 2010;
protected attribute means any of the following attributes—
(a)disability;
(b)gender identity;
(c)race;
(d)religious belief or activity;
(e)sex;
(f)sex characteristics;
(g)sexual orientation;
(h)personal association (whether as a relative or otherwise) with a person who is identified by reference to any of the above attributes;
race has the same meaning as in section 4(1) of the Equal Opportunity Act 2010;
religious belief or activity has the same meaning as in section 4(1) of the Equal Opportunity Act 2010;
sex characteristics has the same meaning as in section 4(1) of the Equal Opportunity Act 2010;
sexual orientation has the same meaning as in section 4(1) of the Equal Opportunity Act 2010.
195NIncitement on ground of protected attribute
(1)A person commits an offence if—
(a)the person engages in conduct that is likely to incite hatred against, serious contempt for, revulsion towards or severe ridicule of, another person or a group of persons; and
(b)the person engages in the conduct on the ground of a protected attribute of the other person or the group; and
(c)the person either—
(i)intends that conduct to incite hatred against, serious contempt for, revulsion towards or severe ridicule of, the other person or the group; or
(ii)believes that conduct will probably incite hatred against, serious contempt for, revulsion towards or severe ridicule of, the other person or the group.
(2)A person who commits an offence against subsection (1) is liable to 3 years imprisonment.
(3)For the purposes of subsection (1), the conduct may be constituted by a single occasion or by a number of occasions over a period of time.
(5)If conduct engaged in from outside Victoria is alleged to constitute an offence against subsection (1), every person against whom the offence is alleged to have been committed must have been in Victoria when at least some of the conduct was engaged in for the conduct to constitute that offence.
(6)Conduct that—
(a)is engaged in from outside Victoria; and
(b)is against a group of persons that is defined solely by the possession of a protected attribute—
does not constitute an offence against subsection (1).
Example
If a person in another State engages in conduct that is against all people of a certain race, whether or not those people are within Victoria, that conduct does not constitute an offence against subsection (1).
(7)If any of the conduct alleged to constitute an offence against subsection (1) is engaged in from within Victoria, it does not matter whether a person against whom the offence is alleged to have been committed was outside Victoria at that time.
195OThreaten physical harm or property damage on ground of protected attribute
(1)A person commits an offence if—
(a)the person threatens—
(i)physical harm towards another person or a group of persons; or
(ii)to damage property of, or otherwise related to, another person or a group of persons; and
(b)the person threatens the physical harm or the property damage on the ground of a protected attribute of the other person or the group; and
(c)the person either—
(i)intends that the other person or a person of the group will believe the threat will be carried out; or
(ii)believes that the other person or a person of the group will probably believe the threat will be carried out.
(2)A person who commits an offence against subsection (1) is liable to level 6 imprisonment (5 years maximum).
(3)If a threat made from outside Victoria is alleged to constitute an offence against subsection (1), the following persons or property must have been in Victoria when the threat was made for the threat to constitute that offence—
(a)in the case of a threat to physically harm a person or a group of persons, that person or group; or
(b)in the case of a threat to damage property, that property.
(4)If a threat that is alleged to constitute an offence against subsection (1) is made from within Victoria, it does not matter whether the following persons or property were outside Victoria at that time—
(a)in the case of a threat to physically harm a person, that person; or
(b)in the case of a threat to physically harm a group of persons, any of those persons; or
(c)in the case of a threat to damage property, that property.
195PIrrelevant whether incorrect about protected attribute
In determining whether a person has committed an offence against section 195N(1) or 195O(1), it is irrelevant that the person was incorrect about—
(a)a protected attribute of the other person or group of persons; or
(b)whether the other person or group of persons had a particular protected attribute.
195QProsecution of offences
(1)A prosecution for an offence against section 195N(1) or 195O(1) may only be commenced by or with the consent of the Director of Public Prosecutions.
(2)In determining whether an offence against section 195N(1) or 195O(1) is to be prosecuted, the Director of Public Prosecutions must take into account all the circumstances (including the social, cultural and historical circumstances) surrounding the conduct that is alleged to constitute the offence.
195RCriminal liability of officers of bodies corporate—accessorial liability
(1)If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer—
(a)authorised or permitted the commission of the offence by the body corporate; or
(b)was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the body corporate.
(2)For the purposes of subsection (1), the following provisions are specified—
(a)section 195N(1);
(b)section 195O(1).
(3)Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear.
(4)An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision.
(5)In this section—
body corporate has the same meaning as corporation has in section 57A of the Corporations Act;
officer, in relation to a body corporate, means—
(a)a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or
(b)a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate.
(6)This section does not affect the operation of Subdivision (1) of Division 1 of Part II of this Act.".
PART 3—AMENDMENT OF EQUAL OPPORTUNITY ACT 2010
Division 1—Prohibition of vilification
5Purposes
After section 1(a) of the Equal Opportunity Act 2010 insert—
"(ab)to protect and promote the right to equality by prohibiting certain conduct involving the vilification of persons with a protected attribute; and".
6Objectives
In section 3 of the Equal Opportunity Act 2010—
(a)in paragraphs (a) and (c), for "and victimisation" substitute ", victimisation and vilification";
(b)after paragraph (d) insert—
"(da)in relation to anti-vilification, to promote the full and equal participation of every person in a society that values freedom of expression and is an open and diverse democracy;";
(c)in paragraph (f), for "and victimisation" substitute ", victimisation and vilification".
7Definitions
In section 4(1) of the Equal Opportunity Act 2010 insert the following definition—
"protected attribute means an attribute listed in section 102B;".
8Exemptions by the Tribunal
After section 89(1) of the Equal Opportunity Act 2010 insert—
"(1A)Despite subsection (1), the Tribunal must not grant an exemption in relation to or that applies to vilification.".
9New Part 6A inserted
After Part 6 of the Equal Opportunity Act 2010 insert—
"PART 6A—PROHIBITION OF VILIFICATION
102AStatement for this Part
The Parliament recognises the right of all Victorians to be free from vilification and to participate equally in a democratic society.
The right to freedom of expression is an essential component of our society and this right should be limited only to the extent that can be justified in an open and democratic society based on human dignity, equality and freedom. The Parliament acknowledges the importance of maintaining the ability to engage in robust discussion reasonably and in good faith on any matter for a genuine academic, artistic, public interest, religious or scientific purpose.
The diversity of the people of Victoria enhances our community and Victorians embrace the benefits provided by this diversity and are proud that people live together harmoniously. However, vilification is still occurring in Victoria.
Vilification harms social cohesion through its inherent divisiveness and perpetuates the unequal distribution of power. Vilifying conduct is contrary to democratic values because of its effect on the people who are subjected to it. It diminishes their dignity, sense of self-worth and belonging to their community and can cause profound physical and psychological harm. It also reduces their ability to contribute to, or fully participate in, all social, political, economic and cultural aspects of society as equals, thus reducing the benefit that diversity brings to the community.
It is the intention of Parliament to enact law for the people of Victoria that respects the inherent dignity of all of us and promotes our equal participation in public life.
102BAttributes protected by this Part
The following attributes are protected by this Part—
(a)disability;
(b)gender identity;
(c)race;
(d)religious belief or activity;
(e)sex;
(f)sex characteristics;
(g)sexual orientation;
(h)personal association (whether as a relative or otherwise) with a person who is identified by reference to any of the above attributes.
102CMeaning of public conduct
(1)For the purposes of this Part, public conduct includes—
(a)any form of communication (including speaking, writing, displaying notices, playing of recorded material, broadcasting and communicating through social media and other electronic methods) to the public; and
(b)actions and gestures, and the wearing or display of clothing, signs, flags, emblems and insignia, observable by the public; and
(c)the distribution or dissemination of any matter to the public.
(2)For the avoidance of doubt, conduct may be public conduct even if it occurs—
(a)on private property or land; or
(b)at a place not open to the general public.
Examples
Conduct may be public conduct even if it occurs at a school or a workplace.
(3)A display on a person's body by means of tattooing or other form of body modification is not public conduct for the purposes of this Part.
102DUnlawful vilification
(1)A person must not engage in public conduct—
(a)that is engaged in because of a protected attribute of another person or a group of persons; and
(b)that would, in all the circumstances, be reasonably likely to be considered by a reasonable person with the protected attribute to be hateful or seriously contemptuous of, or reviling or severely ridiculing, the other person or group of persons.
(2)For the purposes of subsection (1), the conduct—
(a)may be constituted by a single occasion or by a number of occasions over a period of time; and
(b)may occur in or outside Victoria.
(3)If the conduct is engaged in for 2 or more reasons and one of the reasons is a protected attribute of a person then the conduct is taken to be engaged in because of the protected attribute of the person (whether or not it is the dominant reason or a substantial reason for engaging in the conduct).
102EUnlawful vilification—incitement
(1)A person must not engage in public conduct that is likely to incite hatred against, serious contempt for, revulsion towards or severe ridicule of, another person or a group of persons on the ground of a protected attribute of that other person or group of persons.
(2)For the purposes of subsection (1), the conduct—
(a)may be constituted by a single occasion or by a number of occasions over a period of time; and
(b)may occur in or outside Victoria.
(3)In determining whether a person has contravened subsection (1), the person's motive in engaging in any conduct is irrelevant.
102FIrrelevant whether incorrect about protected attribute
In determining whether a person has contravened section 102D or 102E, it is irrelevant that the person was incorrect about—
(a)a protected attribute of the other person or group of persons; or
(b)whether the other person or group of persons had a particular protected attribute.
102GExceptions
(1)A person does not contravene section 102D or 102E if the person establishes that the person's conduct was engaged in reasonably and in good faith—
(a)in the performance, exhibition or distribution of an artistic work; or
(b)in the course of any statement, publication, discussion or debate made or held, or any other conduct engaged in, for any genuine academic, artistic, public interest, religious or scientific purpose; or
(c)in making or publishing a fair and accurate report of any event or matter of public interest.
(2)For the purposes of subsection (1)(b), a religious purpose includes, but is not limited to, worship, observance, practice, teaching, preaching and proselytising that is in conformity with the doctrines, beliefs or principles of that religion.".
Division 2—Dispute resolution
Subdivision 1—Vilification disputes brought on behalf of unnamed person
10Definitions
In section 4(1) of the Equal Opportunity Act 2010, in the definition of party, in paragraph (b), for "section 114;" substitute "section 114 or 114A;".
11Who may bring a dispute to the Commission?
In section 113(2) of the Equal Opportunity Act 2010, after "another" insert "named".
12Heading to section 114 amended
In the heading to section 114 of the Equal Opportunity Act 2010, for "to the Commission" substitute "on behalf of named person".
13New section 114A inserted
After section 114 of the Equal Opportunity Act 2010 insert—
"114A Representative body may bring a dispute on behalf of unnamed person
(1)A representative body may bring a dispute to the Commission for dispute resolution on behalf of an unnamed person or persons if—
(a)the dispute is in respect of a claimed contravention of a provision of Part 6A; and
(b)the Commission is satisfied that—
(i)each person—
(A)is entitled to bring a dispute under section 113(1)(a); and
(B)has consented to the dispute being brought by the body on the person's behalf; and
(ii)the representative body has a sufficient interest in the dispute as set out in section 114(2); and
(iii)if the dispute is brought on behalf of more than one person, the alleged contravention arises out of the same conduct.
(2)The Commission may be satisfied as set out in subsection (1)(b) even if the Commission does not know the identity of the persons referred to in that provision.".
Subdivision 2—Other amendments
14Who may bring a dispute to the Commission?
After section 113(1) of the Equal Opportunity Act 2010 insert—
"(1A)If the claimed contravention is of a provision of Part 6A, it does not matter whether the contravention is claimed to have been in respect of one protected attribute or more than one protected attribute.
(1B)For the purposes of subsection (1)(a), a claimed contravention of section 102D is in relation to a particular person only if that person—
(a)has the protected attribute in respect of which the contravention is claimed to have occurred; and
(b)is part of the audience for the conduct that is claimed to constitute the contravention.".
15Who can apply?
After section 123(1) of the Equal Opportunity Act 2010 insert—
"(1A)If the claimed contravention is of a provision of Part 6A, it does not matter whether the contravention is claimed to have been in respect of one protected attribute or more than one protected attribute.
(1B)For the purposes of subsection (1)(a), a claimed contravention of section 102D is in relation to a particular person only if that person—
(a)has the protected attribute in respect of which the contravention is claimed to have occurred; and
(b)is part of the audience for the conduct that is claimed to constitute the contravention.".
16What may the Tribunal decide?
(1)At the foot of section 125(a) of the Equal Opportunity Act 2010 insert—
"Examples
1 An order that the person publish an apology or retraction.
2 An order that the person develop or implement a program, or policy or training.
3 An order that the person remove material from an online publication.".
(2)At the foot of section 125 of the Equal Opportunity Act 2010 insert—
"Note
Sections 123 and 124 of the Victorian Civil and Administrative Tribunal Act 1998 also permit the Tribunal to grant injunctions and make declarations when constituted by certain members.".
17Commission may intervene in proceedings
In section 159 of the Equal Opportunity Act 2010, for "sexual harassment or victimisation." substitute "sexual harassment, victimisation or vilification.".
18Commission may assist in proceedings as amicus curiae
In section 160(a) of the Equal Opportunity Act 2010, after "discrimination" insert "or vilification".
19New Division 4 of Part 14 inserted
After Division 3 of Part 14 of the Equal Opportunity Act 2010 insert—
"Division 4—Transitional provisions relating to the Justice Legislation Amendment (Anti-vilification and Social Cohesion) Act 2025
199Definitions
In this Division—
commencement day means the day on which Part 2 of the Racial and Religious Tolerance Act 2001 is repealed by the Justice Legislation Amendment (Anti-vilification and Social Cohesion) Act 2025;
old Act means the Racial and Religious Tolerance Act 2001 as in force immediately before the commencement day;
prior contravention has the meaning given by section 200.
200Meaning of prior contravention
(1)For the purposes of this Division, prior contravention means a contravention of Part 2 of the old Act that is alleged or claimed to have occurred before the commencement day.
(2)Additionally, prior contravention includes a thing—
(a)that is alleged or claimed to be a contravention of Part 2 of the old Act; and
(b)that is constituted by a number of occasions over a period of time, at least one of which is before the commencement day and at least one of which is on or after it.
(3)For the purposes of subsection (2)(b), the old Act is to be treated as having been in force during each of the occasions referred to in that provision that are on or after the commencement day.
201Disputes and applications in respect of prior contraventions
(1)On and after the commencement day, despite the repeal of the old Act—
(a)a dispute may be brought under section 19 or 20 of the old Act in respect of a prior contravention; and
(b)the old Act continues to apply in respect of a dispute brought as described in paragraph (a); and
(c)an application may be made under section 23 of the old Act in respect of a prior contravention; and
(d)the old Act continues to apply in respect of an application made as described in paragraph (c).
(2)If the prior contravention is one described by section 200(2), the old Act applies for the purposes of the dispute or application as if the old Act were in force during each of the occasions referred to in section 200(2)(b) that are on or after the commencement day.".
Division 3—References to new Part 6A
20What is victimisation?
In section 104(1)(g) and (h)(i) of the Equal Opportunity Act 2010, for "Part 4 or 6" substitute "Part 4, 6 or 6A".
21Prohibition of authorising or assisting discrimination
In section 105 of the Equal Opportunity Act 2010, for "Part 4 or 6" substitute "Part 4, 6 or 6A".
22Liability of person who authorises or assists
In section 106 of the Equal Opportunity Act 2010, for "Part 4 or 6" (where twice occurring) substitute "Part 4, 6 or 6A".
23Vicarious liability of employers and principals
In section 109(a) and (b) of the Equal Opportunity Act 2010, for "Part 4 or 6" substitute "Part 4, 6 or 6A".
24Exception to vicarious liability
In section 110 of the Equal Opportunity Act 2010, for "Part 4 or 6" substitute "Part 4, 6 or 6A".
25Who may bring a dispute to the Commission?
In section 113(1)(a) of the Equal Opportunity Act 2010, for "Part 4, 6" substitute "Part 4, 6, 6A".
26Application may be made to Tribunal in respect of dispute
In section 122 of the Equal Opportunity Act 2010, for "Part 4, 6" substitute "Part 4, 6, 6A".
27Who can apply?
In section 123(1)(a) of the Equal Opportunity Act 2010, for "Part 4, 6" substitute "Part 4, 6, 6A".
28What may the Tribunal decide?
In section 125(a), (b) and (c) of the Equal Opportunity Act 2010, for "Part 4, 6" substitute "Part 4, 6, 6A".
Division 4—Amendments consequential on repeal of Racial and Religious Tolerance Act 2001
29What is victimisation?
(1)In section 104(1) of the Equal Opportunity Act 2010—
(a)in paragraph (b), after "the old Act" insert "or the Racial and Religious Tolerance Act 2001";
(b)in paragraphs (c), (d)(i), (e) and (f), for "this Act or the old Act" substitute "this Act, the old Act or the Racial and Religious Tolerance Act 2001";
(c)in paragraph (g), after "the old Act," insert "or the Racial and Religious Tolerance Act 2001,";
(d)in paragraph (h)(ii), for "the old Act—" substitute "the old Act; or";
(e)after paragraph (h)(ii) insert—
"(iii)would have contravened a provision of the Racial and Religious Tolerance Act 2001—".
(2)After section 104(4) of the Equal Opportunity Act 2010 insert—
"(5)In this section, a reference to the Racial and Religious Tolerance Act 2001 means that Act as in force immediately before its repeal.".
30Commission's educative functions
Section 156(1)(c) of the Equal Opportunity Act 2010 is repealed.
31Staff of Commission
In section 174 of the Equal Opportunity Act 2010—
(a)in paragraph (b), for "Responsibilities;" substitute "Responsibilities.";
(b)paragraph (c) is repealed.
Division 5—Miscellaneous
32Definitions
In section 4(1) of the Equal Opportunity Act 2010, at the foot of the definition of disability insert—
"Examples
Acquired immunodeficiency syndrome (AIDS) or infection with the human immunodeficiency virus (HIV).".
33Heading to Part 7 amended
In the heading to Part 7 of the Equal Opportunity Act 2010 omit "for discrimination".
34Heading to Division 2 of Part 7 amended
In the heading to Division 2 of Part 7 of the Equal Opportunity Act 2010, for "discrimination" substitute "contravention".
35Heading to section 105 amended
In the heading to section 105 of the Equal Opportunity Act 2010, for "discrimination" substitute "contravention".
36New section 189A inserted
After section 189 of the Equal Opportunity Act 2010 insert—
"189A Review of amendments made by Justice Legislation Amendment (Anti-vilification and Social Cohesion) Act 2025
(1)The Attorney-General must cause a review to be conducted of the operation of the amendments made to this Act and the Crimes Act 1958 by the Justice Legislation Amendment (Anti-vilification and Social Cohesion) Act 2025.
(2)The review must be commenced no later than 5 years after the commencement of Part 3 of the Justice Legislation Amendment (Anti-vilification and Social Cohesion) Act 2025.
(3)The review must be completed no later than one year after it commences.
(4)The Attorney-General must cause a copy of the review to be laid before each House of the Parliament no later than 14 sitting days after receiving it.".
PART 4—CONSEQUENTIAL AMENDMENT OF OTHER ACTS
Division 1—Amendment of Criminal Procedure Act 2009
37Application of Division
After section 359(1)(a) of the Criminal Procedure Act 2009 insert—
"(ab)an offence against section 195N(1) or 195O(1) of the Crimes Act 1958; or".
Division 2—Amendment of Victorian Civil and Administrative Tribunal Act 1998
38Summary dismissal of application more than 12 months old
In clause 18 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998, for "Part 4, 6" substitute "Part 4, 6, 6A".
39Part 16C of Schedule 1 repealed
Part 16C of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 is repealed.
PART 5—AMENDMENT OF BAIL ACT 1977
40Schedule 3 amended
In item 10 of Schedule 3 to the Bail Act 1977—
(a)after "41K(1)" insert "or (1A)";
(b)for "(public display of Nazi symbols)." substitute "(public display or performance of Nazi symbols or gestures).".
PART 6—REPEALS
Division 1—Repeal of serious vilification offences in Racial and Religious Tolerance Act 2001
41Definitions
In section 3 of the Racial and Religious Tolerance Act 2001, in paragraph (b) of the definition of person omit "except in Part 4,".
42Part 4 repealed
Part 4 of the Racial and Religious Tolerance Act 2001 is repealed.
Division 2—Repeal of Racial and Religious Tolerance Act 2001
43Repeal of Racial and Religious Tolerance Act 2001
The Racial and Religious Tolerance Act 2001 is repealed.
Division 3—Repeal of this Act
44Repeal of this Act
This Act is repealed on 30 June 2027.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 27 November 2024
Legislative Council: 20 February 2025
The long title for the Bill for this Act was "A Bill for an Act to amend the Crimes Act 1958, the Equal Opportunity Act 2010 and the Bail Act 1977, to repeal the Racial and Religious Tolerance Act 2001 and to make consequential amendments to other Acts and for other purposes."
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