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.2   Definitions  

(1)    
In this Part:

advocate
has the meaning given by subsection (2) .

AFP Minister
means the Minister administering the Australian Federal Police Act 1979 .

funds
means:

(a) property and assets of every kind, whether tangible or intangible, movable or immovable, however acquired; and

(b) legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such property or assets, including, but not limited to, bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, debt instruments, drafts and letters of credit.

hate crime
has the meaning given by section 114A.3 .

member
of an organisation includes:

(a) a person who is an informal member of the organisation; and

(b) a person who has taken steps to become a member of the organisation; and

(c) in the case of an organisation that is a body corporate - a director or an officer of the body corporate.

organisation
means a body corporate or an unincorporated body, whether or not the body:

(a) is based outside Australia; or

(b) consists of persons who are not Australian citizens; or

(c) is part of a larger organisation.

prohibited hate group
means an organisation that is specified by the regulations for the purposes of this definition (see sections 114A.4 to 114A.8 ).

prohibited hate group regulation
means a regulation specifying an organisation for the purposes of the definition of prohibited hate group in this section.

recruit
includes induce, incite and encourage.

Definition of advocates

(2)    
In this Part, an organisation advocates engaging in conduct constituting a hate crime if:

(a)    the organisation counsels, promotes, encourages or urges the engagement in conduct constituting a hate crime; or

(b)    the organisation provides instruction on how to engage in conduct constituting a hate crime; or

(c)    the organisation praises the engagement in:

(i) conduct constituting a hate crime; or

(ii) conduct that would constitute a hate crime if engaged in in Australia;

in circumstances where there is an unacceptable risk that such praise might have the effect of leading a person (regardless of the person ' s age or any mental impairment that the person might suffer) to engage in conduct constituting a hate crime.