Racial Vilification Act 1996 (SA)

South Australia

Racial Vilification Act 1996

An Act to prohibit certain conduct involving vilification of people on the ground of race.

Contents

1Short title

3Interpretation

4Racial vilification

5DPP's consent required for prosecution

6Damages

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—

1See 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.

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	§