Racial and Religious Tolerance Act 2001
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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