Criminal Code (Serious Vilification and Hate Crimes) and Other Legislation Amendment Bill 2023

Introduced: 29/3/2023By: Hon S Fentiman MPStatus: PASSED with amendment

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced29 Mar 2023View Hansard
11.18 amHon. SM FENTIMANSupports

Introduced the bill on behalf of the Palaszczuk government, outlining reforms to increase penalties for hate crimes, make it easier to prosecute vilification offences, and ban the public display of hate symbols including Nazi imagery.

These laws will increase maximum penalties for hate crimes, make it easier to prosecute vilification and ban the public display of hate symbols. Importantly, in relation to hate symbols, it is intended that the laws will apply to online conduct and the public display of tattoos.2023-03-29View Hansard
First Reading29 Mar 2023View Hansard
Committee29 Mar 2023 – 12 Oct 2023View Hansard

Referred to Legal Affairs and Safety Committee

Second Reading10 Oct 2023 – 12 Oct 2023View Hansard
33 members spoke27 support3 oppose3 mixed
12.26 pmHon. SM FENTIMANSupports

Strongly supported the bill as implementing recommendations from the Legal Affairs and Safety Committee inquiry, having led consultations with multicultural communities in her former role as attorney-general.

Hatred and bigotry in all their forms must be called out and stamped out at every opportunity. This bill is an opportunity for all of us to commit to that.2023-10-12View Hansard
11.53 amMr NICHOLLSSupports

Outlined concerns about ministerial powers to proscribe symbols by regulation and the reversal of onus of proof, but concluded the LNP would support the bill, noting that education and cultural change are also essential to addressing hatred.

While the opposition will support this bill, we make it clear that the answer is not solely in passing more and more restrictive legislation on the freedom of speech.2023-10-11View Hansard
6.39 pmHon. LM LINARDSupports

As Minister for Multicultural Affairs, moved the second reading and strongly advocated for the bill as essential to protecting Queensland's diverse communities from hate crimes and vilification.

There is absolutely no place for vilification and hate crimes in Queensland. The government is committed to strengthening our laws to ensure our diverse communities are protected.2023-10-10View Hansard
12.34 pmMr MINNIKINSupports

Strongly supported the bill, sharing the story of Holocaust survivor George Stein who visited parliament, and emphasising that symbols of hate must be stamped out.

Symbols mean things, and they can mean things in a positive way or, sadly, they can bring out the worst in humanity.2023-10-12View Hansard
12.06 pmMr RUSSOSupports

As committee chair, spoke in favour of the bill implementing committee recommendations, emphasising the need for legislative deterrents against hate crimes while acknowledging the moral responsibility of individuals.

It may be true that morality cannot be legislated but behaviour can be regulated. It may be true that the law cannot change the heart but it can restrain the heartless.2023-10-11View Hansard
6.56 pmMr NICHOLLSSupports

Provided background on the bill's origins from the Legal Affairs and Safety Committee inquiry and noted the government supported the committee's recommendations. Speech was incomplete as debate was adjourned.

The result of the inquiry was 17 recommendations and the government has supported or supported in principle those recommendations.2023-10-10View Hansard
12.44 pmMr TANTARISupports

Strongly supported the bill, sharing personal experiences of racial discrimination as a child of migrants, emphasising the need to protect diverse communities from hate speech.

As a migrant son who has lived through some of the challenges of our country's past, this is without doubt a momentous step in ensuring that the Queensland community is seen in the eyes of world as a place of acceptance and unity.2023-10-12View Hansard
12.15 pmMrs GERBERSupports

As deputy chair of the committee, expressed support for the bill while raising concerns about the exclusion of disability as a protected attribute and the use of regulation rather than legislation to proscribe symbols.

The bill will be supported by the LNP.2023-10-11View Hansard
12.54 pmMr KNUTHOpposes

Opposed the bill on freedom of speech grounds, arguing it erodes fundamental rights that ancestors fought for, citing the Queensland Council of Civil Liberties on supporting free speech even for those you disagree with.

Our grandfathers and great-grandfathers fought and died for our freedoms, and when we start to weaken this right we are heading down a path of control and dictatorship.2023-10-12View Hansard
12.25 pmMr HUNTSupports

Spoke strongly in favour of the bill, emphasising that human differences need protection and condemning Nazi ideology, stating those who follow such beliefs have no right to spread their ideology in Australia.

Nazis were bad. To those who follow their beliefs today, they are bad too and they absolutely do not have the right to spread their vile ideology in 21st century Australia.2023-10-11View Hansard
4.28 pmMr BERKMANMixed

Supported the bill but expressed reservations about the purely carceral approach, calling for a whole-of-society response including independent police oversight and better social services to address root causes of extremism.

The Greens will be supporting this bill because it is vitally important to signal that hate crimes are unacceptable in Queensland. Between the continuing lack of independent accountability for Queensland police and the narrow scope of responses to hate put forward by the government to date, I am concerned that it is not truly committing to the kind of whole-of-society approach required to tackle prejudice and hate.2023-10-12View Hansard
3.17 pmMs BOLTONMixed

Supported the bill's intent but filed a statement of reservation emphasising concerns that the bill should fully implement original committee recommendations and that symbols should be set by parliament not ministerial regulation.

This bill may not address everything that needs to be addressed; however, it is a start.2023-10-11View Hansard
4.37 pmMs LUISupports

Strongly supported the bill, sharing personal experiences of vilification as a Torres Strait Islander and person of colour, acknowledging the late Duncan Pegg's advocacy for multicultural communities.

Being a person of colour and someone from Torres Strait Islander descent, I am fully aware of what it is like to be different. I know what it is like to be on the receiving end of serious vilification and hate.2023-10-12View Hansard
3.32 pmMs BUSHSupports

Spoke in strong support of the bill, highlighting the rise of right-wing extremism and the need for stronger responses to hate crime, praising the relocation of serious vilification to the Criminal Code.

These reforms are another great stride towards creating a safer society for all.2023-10-11View Hansard
4.47 pmMrs GILBERTSupports

Supported the bill, emphasising Queensland's multicultural success and the need to protect communities from cowardly hate crimes, calling on the member for Mirani to vote with the government.

Perpetrators of hate crimes are usually real cowards. They attack or make menacing threats anonymously over the internet or they wear masks.2023-10-12View Hansard
3.40 pmMr KRAUSEMixed

Expressed support for positive elements like circumstances of aggravation but raised significant concerns about the subjective test for prohibited symbols and the minister's power to proscribe symbols by regulation rather than supermajority vote.

The implementation and impact of other parts of the bill will need to be carefully watched and reviewed in the future, bearing in mind all of the substantial and well-founded concerns raised by the Law Society, the civil liberties council and others.2023-10-11View Hansard
4.56 pmMr POWELLSupports

Supported the bill as a former committee member who investigated these issues, though expressed concerns about protected attributes not including disability and age as recommended by the committee.

Serious vilification, hate crime, cannot continue, cannot be condoned and cannot be seen to be occurring in Queensland. We are better than that. We really are.2023-10-12View Hansard
3.50 pmMs PUGHSupports

Spoke passionately in support of the bill, sharing a story of racist abuse experienced by local soccer players and explaining the dangers of dehumanising language as a precursor to violence.

I cannot protect my community from having people think these thoughts, but we can protect members of our marginalised communities from people being allowed to say them.2023-10-11View Hansard
5.06 pmMs McMILLANSupports

Supported the bill, highlighting her diverse electorate including Queensland's only Jewish day school, and referencing incidents including the Nazi flag flown near a Brisbane synagogue and the Christchurch mosque attack.

Hate crimes have no place in the Mansfield electorate and no place in Queensland.2023-10-12View Hansard
4.00 pmDr ROWANSupports

Reaffirmed the LNP's stance against vilification while noting concerns about potential overreach and the need for fair and impartial enforcement that balances protecting individuals from hate speech with preserving freedom of expression.

Robust hate crime and vilification laws are important to safeguard the principles of equality and respect in a diverse society.2023-10-11View Hansard
5.11 pmMr McCALLUMSupports

Supported the bill, sharing personal experiences of racism and pride in representing a diverse multicultural community, acknowledging the late Duncan Pegg's role in bringing the bill forward.

I am absolutely proud to be here as the representative of the Bundamba community—a community that is strong because of its diversity.2023-10-12View Hansard
4.09 pmMrs McMAHONSupports

Spoke strongly in support, emphasising that freedom of speech does not override freedom from discrimination and vilification, and noting the bill addresses the low prosecution rate for serious vilification.

Put simply, freedom of speech does not override a person's freedom from discrimination and vilification.2023-10-11View Hansard
5.21 pmMr JANETZKISupports

Supported the bill as setting an important line regarding freedoms and responsibilities, noting the first Jewish synagogue in Queensland was in Toowoomba and his own electorate's mosque has faced arson attempts.

This bill sets down another line in the sand for Queensland where that is to be drawn, and that is why the opposition offers its support for the bill tonight.2023-10-12View Hansard
4.17 pmMr LANGBROEKSupports

As shadow minister for multiculturalism, spoke in support of the bill while acknowledging concerns about ministerial discretion over prohibited symbols and the need to balance community protection with freedoms.

Hatred, prejudice and discrimination have no place in our community, and this bill signifies a meaningful stride toward building a more inclusive and harmonious Queensland.2023-10-11View Hansard
5.28 pmMs LINARDSupports

As the minister handling the bill, delivered comprehensive reply to debate and moved government amendments, acknowledging the Cohesive Communities Coalition and many stakeholders who contributed to the reforms.

The law is a powerful instrument for social change and in that vein I commend the bill to the House.2023-10-12View Hansard
4.27 pmMr KELLYSupports

Spoke about the importance of words and symbols, sharing experiences of attacks on local mosque and synagogue, emphasising the community wants those who act hatefully to be held accountable.

Our community wants this to stop. We want people who act in this manner to be held accountable for this abhorrent behaviour, and I believe this bill takes a significant step in that direction.2023-10-11View Hansard
4.31 pmMr ANDREWOpposes

Strongly opposed the bill, arguing it endangers freedom of speech, gives the Attorney-General dangerous powers to ban symbols without parliamentary oversight, and will have a chilling effect on speech and thought.

I believe that this is a dangerous bill. It will have an incredibly chilling effect on not only people's speech but their thoughts as well.2023-10-11View Hansard
4.40 pmMr MARTINSupports

Spoke in support, acknowledging community advocates who contributed to the legislation and sharing the story of former member Duncan Pegg who had called for these laws after an Islamophobic incident in Sunnybank Hills.

We need to make it clear that racial vilification has no place in Queensland and no place in Australia.2023-10-11View Hansard
4.50 pmMr McDONALDSupports

As a former police officer, commended the removal of Crown Law consent requirements and spoke about the importance of education alongside legislative change to address hate crimes.

We on the LNP side of the House certainly do not condone in any way, shape or form vilification and agree that it should be called out, and education around these issues is a vital part of the solution.2023-10-11View Hansard
6.21 pmMr POWERSupports

Spoke to counter misinformation about the bill, explaining that the provisions are sensible and clear, and that displaying Nazi symbols should be regarded as an act of violence against others in society.

No-one could object to the four things we are addressing in this bill.2023-10-11View Hansard
6.30 pmMr DAMETTOOpposes

Opposed the prohibition of hate symbols provisions, arguing for protection of free speech even when offensive, and expressing concern that banning symbols pushes issues underground rather than addressing them through open debate.

If things are going to offend people, I think they should be allowed to offend people. Like I said, that is the way to bring out true debate.2023-10-11View Hansard
6.41 pmMrs MULLENSupports

Spoke passionately in support, sharing personal family experiences of racism and discrimination, and noting the rise of right-wing extremist groups fuelled by fear, division and misinformation.

Depictions of hate symbols have no place in Queensland. As a community we cannot tolerate the deliberate use of these symbols to cause fear or to promote hatred towards our communities.2023-10-11View Hansard
6.50 pmMr O'CONNORSupports

Spoke in support of the bill, representing a multicultural electorate, sharing examples of hate crimes against the local Islamic community and emphasising the need to promote and celebrate multiculturalism.

My community does not condone this type of hatred based on someone's heritage or their personal attributes and we will never find it acceptable in a modern Queensland.2023-10-11View Hansard
In Detail12 Oct 2023View Hansard
Amendment

That the amendment be agreed to

Vote on an amendment to the bill during consideration, which was agreed to with 48 ayes and 35 noes.

Passed48 ayes – 35 noes2023-10-11

The motion passed.

Show individual votes

Ayes (48)

Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Bush(Australian Labor Party)
Butcher(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Healy(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Hunt(Australian Labor Party)
Kelly
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lui(Australian Labor Party)
Madden(Australian Labor Party)
Martin(Australian Labor Party)
McCallum(Australian Labor Party)
McMahon(Australian Labor Party)
McMillan(Australian Labor Party)
Mellish(Australian Labor Party)
Miles(Australian Labor Party)
Mullen(Australian Labor Party)
Palaszczuk(Australian Labor Party)
Pease(Australian Labor Party)
Power(Australian Labor Party)
Pugh(Australian Labor Party)
Richards(Australian Labor Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
Saunders(Australian Labor Party)
Scanlon(Australian Labor Party)
Skelton(Australian Labor Party)
Smith(Australian Labor Party)
Stewart(Australian Labor Party)
Sullivan(Independent)
Tantari(Australian Labor Party)
Walker(Australian Labor Party)
Whiting(Australian Labor Party)
de Brenni(Australian Labor Party)

Noes (35)

Andrew(One Nation Party)
Bates(Liberal National Party)
Bennett(Liberal National Party)
Berkman(Queensland Greens)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Camm(Liberal National Party)
Crandon(Liberal National Party)
Crisafulli(Liberal National Party)
Dametto(Katter's Australian Party)
Frecklington(Liberal National Party)
Gerber(Liberal National Party)
Hart(Liberal National Party)
Head(Liberal National Party)
Janetzki(Liberal National Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
MacMahon(Queensland Greens)
Mander(Liberal National Party)
McDonald(Liberal National Party)
Mickelberg(Liberal National Party)
Millar(Liberal National Party)
Molhoek(Liberal National Party)
O’Connor(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Purdie(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Simpson(Liberal National Party)
Stevens(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)
Amendment

That the amendment be agreed to

Passed49 ayes – 30 noes2023-03-29

The motion passed.

Show individual votes

Ayes (49)

Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Bush(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Healy(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Hunt(Australian Labor Party)
Kelly
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lui(Australian Labor Party)
Madden(Australian Labor Party)
Martin(Australian Labor Party)
McCallum(Australian Labor Party)
McMahon(Australian Labor Party)
McMillan(Australian Labor Party)
Mellish(Australian Labor Party)
Miles(Australian Labor Party)
Mullen(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Pease(Australian Labor Party)
Power(Australian Labor Party)
Pugh(Australian Labor Party)
Richards(Australian Labor Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
Saunders(Australian Labor Party)
Scanlon(Australian Labor Party)
Skelton(Australian Labor Party)
Smith(Australian Labor Party)
Stewart(Australian Labor Party)
Sullivan(Independent)
Tantari(Australian Labor Party)
Walker(Australian Labor Party)
Whiting(Australian Labor Party)
de Brenni(Australian Labor Party)

Noes (30)

Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Camm(Liberal National Party)
Crisafulli(Liberal National Party)
Frecklington(Liberal National Party)
Gerber(Liberal National Party)
Hart(Liberal National Party)
Head(Liberal National Party)
Janetzki(Liberal National Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Lister(Liberal National Party)
Mander(Liberal National Party)
McDonald(Liberal National Party)
Mickelberg(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Purdie(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Simpson(Liberal National Party)
Stevens(Liberal National Party)
Watts(Liberal National Party)
1 clause vote (all passed)

Vote on clause 105

Passed51 ayes – 35 noes2023-03-29

The clause was kept in the bill.

A vote on whether a specific clause should remain in the bill as written.

Show individual votes

Ayes (51)

Bailey(Australian Labor Party)
Berkman(Queensland Greens)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Bush(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Healy(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Hunt(Australian Labor Party)
Kelly
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lui(Australian Labor Party)
MacMahon(Queensland Greens)
Madden(Australian Labor Party)
Martin(Australian Labor Party)
McCallum(Australian Labor Party)
McMahon(Australian Labor Party)
McMillan(Australian Labor Party)
Mellish(Australian Labor Party)
Miles(Australian Labor Party)
Mullen(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Pease(Australian Labor Party)
Power(Australian Labor Party)
Pugh(Australian Labor Party)
Richards(Australian Labor Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
Saunders(Australian Labor Party)
Scanlon(Australian Labor Party)
Skelton(Australian Labor Party)
Smith(Australian Labor Party)
Stewart(Australian Labor Party)
Sullivan(Independent)
Tantari(Australian Labor Party)
Walker(Australian Labor Party)
Whiting(Australian Labor Party)
de Brenni(Australian Labor Party)

Noes (35)

Andrew(One Nation Party)
Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Camm(Liberal National Party)
Crisafulli(Liberal National Party)
Dametto(Katter's Australian Party)
Frecklington(Liberal National Party)
Gerber(Liberal National Party)
Hart(Liberal National Party)
Head(Liberal National Party)
Janetzki(Liberal National Party)
Katter(Katter's Australian Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Lister(Liberal National Party)
Mander(Liberal National Party)
McDonald(Liberal National Party)
Mickelberg(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
O’Connor(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Purdie(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Simpson(Liberal National Party)
Stevens(Liberal National Party)
Watts(Liberal National Party)
5.45 pmMrs GERBERSupports

Supported the bill but sought clarification during Consideration in Detail about expanding protected attributes to include disability, asking why this work was not done now.

The work in relation to protected attributes should have been done now to allow for those offences to be prosecuted should those offences occur against, for instance, a person with a disability or an impairment.2023-10-12View Hansard
5.50 pmMr KRAUSEMixed

Raised questions during Consideration in Detail about concerns from the Queensland Council for Civil Liberties regarding the ministerial power to proscribe symbols rather than through legislation, and the Law Society's criticism of the judicial test for the offence.

In terms of ensuring maximum parliamentary scrutiny, in my view—and in their view as well—it would preferable for it to be done through an act.2023-10-12View Hansard
Third Reading12 Oct 2023View Hansard
Became Act 26 of 202319 Oct 2023
This summary was generated by AI and has not yet been reviewed by a human.

Plain English Summary

Overview

This bill strengthens Queensland's hate crime laws by increasing penalties for serious vilification, creating aggravated offences for hate-motivated crimes, and banning the public display of symbols like Nazi imagery. It implements recommendations from a parliamentary inquiry into serious vilification and hate crimes.

Who it affects

Communities targeted by hate crimes and vilification, particularly multicultural and LGBTIQ+ Queenslanders, will have stronger legal protections. People who commit hate-motivated offences will face higher penalties.

Key changes

  • Maximum penalty for serious vilification increased from 6 months to 3 years imprisonment
  • Requirement for Crown Law Officer consent before prosecution removed, making it easier to charge offenders
  • New hate crime aggravation created for offences motivated by hatred based on race, religion, sexuality, sex characteristics or gender identity
  • Higher penalties introduced for hate-aggravated assault, threats, stalking, wilful damage, public nuisance and trespass
  • Public display, distribution or publication of prescribed hate symbols (such as Nazi imagery) banned, with exceptions for legitimate artistic, religious, educational, historical and other purposes
  • Police given warrantless search powers for prohibited symbols offences