Sentencing (Hate Crimes) Amendment Act 2021 (SA)

South Australia

Sentencing (Hate Crimes) Amendment Act 2021

An Act to amend the Sentencing Act 2017.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Sentencing (Hate Crimes) Amendment Act 2021.

2Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Sentencing Act 2017

3Amendment of section 11 – Individual sentencing factors

Section 11(1)—after paragraph (c) insert:

1. (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—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.