RACIAL AND RELIGIOUS TOLERANCE ACT 2001 - SECT 25 Offence of serious religious vilification

RACIAL AND RELIGIOUS TOLERANCE ACT 2001 - SECT 25

    (1)     A person (the offender) must not, on the ground of the religious belief or activity of another person or class of persons, intentionally engage in conduct that the offender knows is likely—

        (a)     to incite hatred against that other person or class of persons; and

        (b)     to threaten, or incite others to threaten, physical harm towards that other person or class of persons or the property of that other person or class of persons.

Note

"Engage in conduct" includes use of the internet or e-mail to publish or transmit statements or other material.

Penalty:     In the case of a body corporate, 300 penalty units;

In any other case, imprisonment for 6 months or 60 penalty units or both.

    (2)     A person must not, on the ground of the religious belief or activity of another person or class of persons, knowingly engage in conduct with the intention of inciting serious contempt for, or revulsion or severe ridicule of, that other person or class of persons.

Note

"Engage in conduct" includes use of the internet or e-mail to publish or transmit statements or other material.

Penalty:     In the case of a body corporate, 300 penalty units;

In any other case, imprisonment for 6 months or 60 penalty units or both.

    (3)     For the purposes of subsections (1) and (2), 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.

    (4)     A prosecution for an offence against subsection (1) or (2) must not be commenced without the written consent of the Director of Public Prosecutions.