Whereas the United Nations General Assembly did declare decree and adopt the International

Convention on the Elimination of All Forms of Racial Discrimination (hereinafter the

Convention) by resolution 2106 on 21 December 1965:
And whereas said Convention entered into force on the second of January 1969:
And whereas it is desirable in the name of the peace order and good government of the
Commonwealth of Australia pursuant to such powers as (i) external affairs; (ii) the people of
any race for whom it is deemed necessary to make special laws; (iii) immigration; (iv)
emigration; and (v) the influx of criminals: to make better provision in respect of crimes
motivated by racial prejudice and discrimination:
Be it therefore enacted by the Queen the Senate and the House of Representatives of
Australia as follows:-

Race Criminal Offences Act 2017

1. Short title
This act may be cited as the Race Criminal Offences Act 2017.
2. Commencement
This act shall come into effect on the first of January 2018 unless no Royal assent be by
then granted by the Governor General.
3. This act extends to every Australian external territory and all Australian territorial
waters and airspace.
4. This act binds the crown in each of its capacities. Servants and agents of the Crown
may be prosecuted for offences pursuant to this act.
5. Chapter 2 of the Criminal Code 1995 applies to all offences under this act, to wit, the
criminal standards of proof there outlined.
6. This act authorises the continuing ratification by Australia of the Convention.
7. Special measures that do in fact benefit Australian Aboriginals and Torres Strait
Islanders to ameliorate past disadvantage and dispossession shall not be deemed racial
discrimination. Provided that in any court hearing in which this section 7 is raised
recognised community representatives of Australian Aboriginals and Torres Strait
Islanders may apply to intervene and be heard in relation to their interests.
8. It is unlawful for a natural person to do any act involving a distinction exclusion
restriction or preference where the said person is motivated by prejudice based on race
or colour or national or ethnic origin which has the purpose or effect of nullifying or
impairing the recognition enjoyment to exercise on an equal footing of any human
rights and fundamental freedom in the political economic social cultural or any other
field of public life.
9. It is unlawful for a natural person to refuse to allow another person access to or use of
any place or vehicle that members of the general public are as of right entitled or
allowed to enter or use where the said person is motivated by prejudice based on race
or colour or national or ethnic origin. Provided that private clubs that exist for
members of an ethnic group and in addition have facilities to serve food and alcohol
shall not be deemed to racially discriminate by reason of fair good faith restrictions to
serving members only.
10.It is unlawful for a natural person in dealing in land housing and other accommodation
whether directly or by agent to make business decisions where the first said person is
motivated by prejudice based on race or colour or national or ethnic origin. Provided
that in respect of accommodation owned by the Department of Defence citizenship
requirements motivated by national security shall not be deemed racial discrimination.
Provided further in respect of any single dwelling house or flat the principal buyer or
lessee may sublet to whomsoever they please. Furthermore in dealing with agricultural
land or mining leases of such significance and value that the Executive Council might
otherwise have a right of veto over any sale or lease citizenship requirements
motivated by said considerations shall not be deemed racial discrimination.

11.It is unlawful for a natural person in the course of business supplying goods and
services to the general public to refuse to do business with another person where the
first said person is motivated by prejudice based on race or colour or national or ethnic
origin. Further it is unlawful for a natural person in the course of business supplying
goods and services to the general public to routinely offer less favourable terms to
another person than ordinarily where the first said person is motivated by prejudice
based on race or colour or national or ethnic origin. Provided that lawful restrictions on
sales of goods or provisions of services such as that certain tools shall only be sold to
licensed locksmiths or the like or background checks on gun sales or the like or
restrictions on sales of alcohol and tobacco to minors or the like shall continue to
operate as usual. Furthermore where special food or communion wine or publications
or the like are sold at a loss by religious organisations it shall not be deemed to be
racially discriminatory to charge full price for such goods to non-members of the said
religious organisation.
12.It is unlawful for a natural person in the course of business being a director or manager
or supervisor or employee or an agent thereof in respect of a place or places of
employment to make business decisions where the first said person making the
decision is motivated by prejudice based on race or colour or national or ethnic origin.
Provided that in respect of defence employments and employments at defence
subcontractors citizenship requirements shall not be deemed to be racial
discrimination. Provided further that in respect of ongoing employments of domestic
servitude an employer shall not be deemed to be racially discriminatory if the dominant
purpose of their actions is to secure the revenue by seeking a tax file number and
buying tax stamps and such like.
13.It is unlawful for a person to publish or display or cause or permit to be published or
displayed an advertisement that indicates or could reasonably be understood as
indicating an intention to breach any of the sections 9 through 12 of this act, otherwise
than by way of such internal exceptions already made by way of further provision.
14.It is unlawful for a person to incite the doing of an act that is unlawful by reason of a
provision of this act.
15.Is unlawful for a person to be an accessory before or after-the-fact of an act that is
unlawful by reason of a provision of this act.
16.Subject to this act, where an act is done for two or more reasons and prejudice by a
natural person based on race or colour or national or ethnic origin is the dominant
reason or a substantial reason for doing the act, the act is taken to be done for that
said racially discriminatory reason.
17.In determining of the liable person the criminal law should censure and penalise or
otherwise where there are such business relationships as employer and employee or
principal and agent or institute of education and student as the case may be the court
shall have cognisance first of intended financial gain that the said act that were
unlawful racial discrimination were intended to bring about if any second of policy
commitments and third of which natural person did provably commit the said unlawful
racial conduct.
18.Subject to the following three sections, it is unlawful for a natural person to cause
words sounds images or writing to be communicated to the general public or to persons
present in a public place that are reasonably likely to offend insult humiliate or
intimidate another person on the basis that a reasonable person in the street would
infer were motivated by racial prejudice by the first said person.

19.Should the words sounds images or writing be said and communicated in good faith
and made in the course of any statement publication discussion of debate made or held
for any academic scientific or political genuine purpose the court shall deem them not
racial discrimination.
20.Should the words sounds images or writing be said or communicated to the general
public in making or publishing a fair and accurate report of any event or matter of
public interest or a fair comment on any event or matter of public interest the court
shall deem them not racial discrimination.
21.Should the words sounds images are writing be said of communicated to any person
with the proven intent of religious conversion of all recipients of said communication
then if the attempt at religious conversion be genuine the court shall deem them not
racial discrimination.
22.All offences under this Act shall be tried in the first instance in the Federal Court of
Australia. Provided further and subject in respect of details to the Federal Court Rules if
there be sought fines or imprisonment as the remedy in any particular case the trial if
any shall be by jury of twelve jurors as to facts reasonable inferences and
recommendations for sentence.
23.All offences under this Act by whatsoever means tried or examined or investigated shall
have the following consequents available as reprimands or punishments or howsoever
as the case may be:(1)
an official warning by a member of the Australian Federal Police; or
(2)
an official warning by the Commonwealth Director of Public Prosecutions, by
letter; or
(3)
a judicial reprimand; or
(4)
a fine in the case of individuals of not more than $250,000; or
(5)
a prison term of not more than twenty years; or
(6)
in the case of organisations corporations trusts partnerships or other entities of
commerce, a fine of not more than $20,000,000;
in terms of the particular circumstances of each individual case how trivial or
substantial the harm caused by the racial discrimination were.
24.All fines pursuant to section 23 should be paid into a federal court racial harmony fund
by which charitable organisations may apply for access to funding for racial harmony
education measures.
25.The Full Federal Court shall make Rules to regulate actions brought pursuant to this law.
26.The Executive Council shall make Regulations both as to the Australian Federal Police
and the Director of Public Prosecutions Office in respect of their procedures under this
law.