Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3B - Prohibited hate groups  

Division 114A - Preliminary  

SECTION 114A.4   Regulations specifying prohibited hate groups  

(1)    
Before the Governor-General makes a prohibited hate group regulation specifying an organisation, the AFP Minister must be satisfied on reasonable grounds that:

(a)    the organisation:

(i) has engaged in, prepared or planned to engage in, or assisted the engagement in, conduct constituting a hate crime; or

(ii) has advocated (whether or not in Australia) engaging in conduct constituting a hate crime, other than an offence against section 80.2A , 80.2B , 80.2BC or 80.2BE (advocacy offences); and

(b)    specifying the organisation as a prohibited hate group is reasonably necessary to protect the Australian community or part of the Australian community against harm of any one or more of the kinds referred to in paragraph 114A.1(1)(a) .

Note:

Certain steps must be taken before a prohibited hate group regulation can be made (see sections 114A.5 and 114A.6 ).

Conduct constituting a hate crime may have occurred before commencement

(2)    
In subsection (1) :

(a)    a reference to conduct constituting a hate crime includes a reference to conduct constituting a hate crime that occurred before subsection (1) commences; and

(b)    a reference to having engaged in, prepared or planned to engage in, or assisted the engagement in, or having advocated engaging in, conduct constituting a hate crime includes a reference to having engaged in, prepared or planned to engage in, or assisted the engagement in, or having advocated engaging in, conduct constituting a hate crime before subsection (1) commences.

References to engaging in conduct constituting a hate crime

(3)    
In this section, a reference to engaging in conduct constituting a hate crime includes:

(a)    a reference to engaging in conduct constituting a hate crime, even if a hate crime does not occur; and

(b)    a reference to engaging in conduct constituting a specific hate crime; and

(c)    a reference to engaging in conduct constituting more than one hate crime.

Conviction not required

(4)    
A person does not need to have been convicted of a hate crime in order for the AFP Minister to be satisfied an organisation has engaged in conduct of a kind mentioned in paragraph (1)(a) .

No procedural fairness required

(5)    
The AFP Minister is not required to observe any requirements of procedural fairness in deciding whether or not the AFP Minister is satisfied for the purposes of this section.