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Racial and Religious Tolerance Act 2001
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Victoria
Taken from http://www.dms.dpc.vic.gov.au/
This Act is here to prevent people
descrinimating against others based on their racial or religious beliefs.
Copyright prevents me from putting the whole thing up here, but I have
included a few relevant sections (as I believe they are for education purposes,
and therefore not breeching copyright) E-mail
me if you would like it removed though. You can obtain a copy for
yourself at the page above. White sections are direct quotes from
the text.
To define the term:
""religious belief or activity"
means--
(a) holding or not holding a lawful
religious belief or view;
(b) engaging in, not engaging in
or refusing to engage in a lawful religious activity;"
This Act states that:
"(1) A person must not, on the ground
of the religious belief or activity of another person or class of persons,
engage in conduct that incites hatred against, serious contempt for, or
revulsion or severe ridicule of, that other person or class of persons.
Note: "engage in conduct" includes
use of the internet or e-mail to publish or transmit statements or other
material.
(2) For the purposes of sub-section
(1), conduct--
(a) may be constituted by a single
occasion or by a number of occasions over a period of time; and
(b) may occur in or outside Victoria."
It also covers assumption:
"In determining whether a person
has contravened section 7 or 8, it is irrelevant whether or not the person
made an assumption about the race or religious belief or activity of another
person or class of persons that was incorrect at the time that the contravention
is alleged to have taken place. "
How is this relevant? Ok, well just say someone
discriminated against a Pagan (lets say, not giving them a job in a child
care centre), because they believe that all Pagans did something bad (like
eating babies or something)...they couldn't get out of the charge by pleading
that they didn't know Pagans don't eat babies. (or this is how I
believe that would work anyway)
There are of course, exceptions:
"11. Exceptions--public conduct
A person does not contravene section
7 or 8 if the person establishes that the person's conduct was engaged
in reasonably and in good faith--
(a) in the performance, exhibition
or distribution of an artistic work; or
(b) in the course of any statement,
publication, discussion or debate made or held, or any other conduct engaged
in, for--
(i) any genuine academic, artistic,
religious or scientific purpose; or
(ii) any purpose that is in the
public interest; or
(c) in making or publishing a fair
and accurate report of any event or matter of public interest.
12. Exceptions--private conduct
(1) A person does not contravene
section 7 or 8 if the person establishes that the person engaged in the
conduct in circumstances that may reasonably be taken to indicate that
the parties to the conduct desire it to be heard or seen only by themselves.
(2) Sub-section (1) does not apply
in relation to conduct in any circumstances in which the parties to the
conduct ought reasonably to expect that it may be heard or seen by someone
else. "
It covers Victimisation:
"(1) A person victimises another
person if the person subjects or threatens to subject the other person
to any detriment because the other person, or a person associated (whether
as a relative or otherwise) with the other person--
(a) has made a complaint against
any person;
(b) has brought any other proceedings
under this Act against any person;
(c) has given evidence or information,
or produced a document, in connection with any proceedings under this Act;
(d) has attended a compulsory conference
at the Tribunal;
(e) has otherwise done anything
in accordance with this Act in relation to any person;
(f) has alleged that any person
has contravened a provision of this Act, unless the allegation is false
and was not made in good faith;
(g) has refused to do anything
that would contravene a provision of this Act--
or because the person believes
that the other person or the associate has done or intends to do any of
those things.
(2) It is sufficient for sub-section
(1)(f) that the allegation states the conduct that would constitute the
contravention, without actually stating that this Act, or a provision of
this Act, has been contravened.
(3) In determining whether a person
victimises another person it is irrelevant--
(a) whether or not a factor in
sub-section (1) is the only or dominant ground for the treatment or threatened
treatment, so long as it is a substantial ground;
(b) whether the person acts alone
or in association with any other person. "
And Vilification:
"25. Offence of serious religious
vilification
(1) A person (the offender) must
not, on the ground of the religious belief or activity of another person
or class of persons, intentionally engage in conduct that the offender
knows is likely--
(a) to incite hatred against that
other person or class of persons; and
(b) to threaten, or incite others
to threaten, physical harm towards that other person or class of persons
or the property of that other person or class of persons.
Note: "engage in conduct" includes
use of the internet or e-mail to publish or transmit statements or other
material.
Penalty: In the case of a body
corporate, 300 penalty units;
In any other case, imprisonment
for 6 months or 60 penalty units or both.
(2) A person must not, on the ground
of the religious belief or activity of another person or class of persons,
knowingly engage in conduct with the intention of inciting serious contempt
for, or revulsion or severe ridicule of, that other person or class of
persons.
Note: "engage in conduct" includes
use of the internet or e-mail to publish or transmit statements or other
material.
Penalty: In the case of a body
corporate, 300 penalty units;
In any other case, imprisonment
for 6 months or 60 penalty units or both.
(3) For the purposes of sub-sections
(1) and (2), conduct--
(a) may be constituted by a single
occasion or by a number of occasions over a period of time; and
(b) may occur in or outside Victoria.
(4) A prosecution for an offence
against sub-section (1) or (2) must not be commenced without the written
consent of the Director of Public Prosecutions.
26. Incorrect assumption as to race
or religious belief or activity In determining whether a person has committed
an offence against section 24 or 25, it is irrelevant whether or not the
person made an assumption about the race or religious belief or activity
of another person or class of persons that was incorrect at the time that
the offence is alleged to have been committed. "
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