Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026 (2 of 2026)

Schedule 1   Criminal law amendments

Part 3   Aggravated sentencing factor

Crimes Act 1914

11   After subsection 16A(2AA)

Insert:

(2AAB) Paragraph (2)(mb) does not apply in relation to an offence against section 80.2A, 80.2B, 80.2BA, 80.2BB, 80.2BC, 80.2BD, 80.2BE, 80.2DA or 80.2DB of the Criminal Code.

(2AAC) Without limiting subparagraph (2)(mb)(i), a person's conduct constituting the offence is motivated by hatred if, at the time of the conduct, or immediately before or immediately after the conduct, the person demonstrated, or expressed, hostility or malice in respect of the race, or national or ethnic origin, of the target person or the persons in the target group.

(2AAD) For the purposes of paragraph (2)(mb), it is immaterial whether the target person, or members of the target group, actually are distinguished by the particular race, or national or ethnic origin.