Introduction

In February 2025, both the New South Wales (NSW) and Federal governments introduced new laws aimed at addressing hate crime. These new laws, outlined in the Crimes Amendment (Inciting Racial Hatred) Bill 2025 and the Crimes Amendment (Places of Worship) Amendment Bill 2025 by the NSW government, alongside the federal Criminal Code Amendment (Hate Crimes) Bill 2025 (Cth), respond to a recent escalation of racial hatred and antisemitism. The Minns government has introduced a new criminal offence for intentionally inciting racial hatred in NSW.

These new laws strengthen protections for places of worship and introduce new offences concerning access to places of worship without reasonable excuse. The new offences criminalise intentionally blocking access and expand police powers near a place of worship. However, these changes have raised human rights concerns, particularly regarding the right to peaceful assembly and whether the restrictions are necessary and proportionate. This article will provide an overview of these new laws, the new criminal offence for intentionally inciting racial hatred, and the maximum penalty of two years’ imprisonment associated with these offences.

Overview of New Hate Crime Laws in NSW and Australia (February 2025)

Key Changes in NSW Hate Crime Legislation

In February 2025, the NSW government enacted a package of new laws designed to strengthen the state’s response to hate crime. These changes are primarily contained within two pieces of legislation: the Crimes Amendment (Inciting Racial Hatred) Bill 2025 and the Crimes Amendment (Places of Worship) Amendment Bill 2025. These legislative updates were introduced by the Minns government in direct response to a recent escalation of racial hatred and antisemitism in NSW.

The key changes to NSW hate crime legislation include:

• New criminal offence for intentionally inciting racial hatred: A significant change is the introduction of a new criminal offence for intentionally inciting hatred towards a person or group based on race. This offence, outlined in section 93ZAA of the Crimes Act 1900 (NSW), targets public acts that could cause a reasonable person to fear harassment, intimidation, violence, or safety concerns. The maximum penalty for this new offence is imprisonment for two years, a fine of 100 penalty units, or for corporations, a fine of 500 penalty units.
• Expanded offences related to Nazi symbols: The new laws expand existing offences related to the display of Nazi symbols. Specifically, displaying a Nazi symbol by public act without reasonable excuse was already an offence, but the amendment introduces a specific aggravated offence for displaying Nazi symbols on or near synagogues, Jewish schools, and the Sydney Jewish Museum. This aggravated offence carries a maximum penalty of two years imprisonment. Furthermore, the definition of ‘public act’ has been broadened to explicitly include ‘graffiti’ for offences related to both Nazi symbols and inciting violence.
• New offences to protect places of worship: The Crimes Amendment (Places of Worship) Amendment Bill 2025 introduces new offences under section 214B of the Crimes Act 1900 (NSW) to protect access to places of worship. Under these new laws, it will be a criminal offence to, without reasonable excuse, intentionally block, impede, or hinder a person from accessing or leaving a place of worship. It will also be an offence to harass, intimidate, or threaten people accessing or leaving places of worship. These new offences carry a maximum penalty of imprisonment for two years, a fine of 200 penalty units, or both. This bill has been passed and assented to, meaning it will officially become law on either the 2nd of June or earlier, by proclamation. 
• Expanded police powers: The new laws provide the NSW police force with expanded police powers to issue ‘move on’ directions. Under the Crimes Amendment (Places of Worship) Bill 2025, police can issue move-on directions to individuals participating in unauthorised demonstrations, assemblies, protests, or processions occurring in or near places of worship.
• Aggravated offence sentencing: The new laws expand the aggravating circumstances considered during sentencing. If an offence is found to be partly motivated by hatred or prejudice, rather than wholly motivated, this can now be considered an aggravating factor, potentially leading to a tougher sentence. Amendments to the Graffiti Control Act 2008 also specify that graffiti offences related to places of worship are considered aggravated offences.

Key Changes in Federal Hate Crime Legislation

In February 2025, the Federal Parliament passed the Criminal Code Amendment (Hate Crimes) Bill 2025 (Cth), enacting new national hate crime laws. These new laws are widely considered to be a response to the recent surge in antisemitic violence across Australia. The key changes introduced at the federal level include:

• Expanded scope of offences: Federal law already criminalised urging force or violence against groups distinguished by race, religion, or national origin. The new laws strengthen these existing offences and expand their scope to protect additional groups. Sections 80.2A and 80.2B of the Criminal Code Act 1995 (Cth) now criminalise ‘advocating’ force or violence against groups and their members distinguished by sex, sexual orientation, gender identity, intersex status, and disability. Critically, these offences no longer require proof of an intention for force or violence to actually occur; it is sufficient if a person is ‘reckless’ as to whether such violence occurs.
• New offences targeting places of worship and property: The federal amendments introduce new offences specifically targeting places of worship and property owned by protected groups. These new offences include threatening to use force or violence against protected groups, their members, and close associates. It is also now an offence to advocate or threaten damage to, or destruction of, places of worship or property owned or occupied by members of a protected group or their close associates. These protections extend to groups distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin, or political opinion. However, the offence of advocating force or violence through property damage (including minor damage like graffiti) is limited to groups distinguished by race, religion, or ethnic origin.
• Mandatory minimum sentences: The new federal laws introduce mandatory minimum sentences for certain hate crime offences. The maximum penalties for offences related to displaying Nazi symbols, Nazi salutes, and prohibited terrorist organisation symbols have increased from one year to five years imprisonment. These offences now also carry mandatory minimum sentences of 12 months imprisonment. Mandatory minimum sentences have also been introduced for certain terrorism-related offences, ranging from one to six years imprisonment.

New NSW Offence of Inciting Racial Hatred

Defining the Offence of Inciting Racial Hatred

Under section 93ZAA of the Crimes Act 1900 (NSW), NSW has introduced a new criminal offence for intentionally inciting racial hatred. This offence is established when an individual:

• Intentionally incites hatred toward another person or group based on their race through a public act.
• Engages in a public act that would cause a reasonable person, who is the target of the hate speech, to fear harassment, intimidation, violence, or for their safety.

The NSW government has implemented this offence as part of a broader package of tougher hate crime laws introduced in February 2025.

Penalties for Inciting Racial Hatred

The offence of intentionally inciting racial hatred carries significant penalties under NSW law. These penalties include:

• For individuals:
  • A maximum fine of 100 penalty units.
  • Imprisonment for up to two years.
• For corporations:
  • A maximum fine of 500 penalty units.

Introducing this new criminal offence marks a key change in NSW hate crime legislation, reinforcing the state’s commitment to combating racial hatred and ensuring the safety and security of its communities.

Laws Protecting Places of Worship in NSW

Offences Related to Accessing and Leaving Places of Worship

NSW has introduced new legislation aimed at protecting places of worship, addressing concerns about access and safety. Under the amended section 214B of the Crimes Act 1900 (NSW), it will now be a criminal offence to engage in specific actions related to accessing or leaving a place of worship. These offences ensure that people of faith can practice their religion without fear of intimidation or harassment.

The specific actions that will now be considered offences include:

• Intentionally blocking, impeding, or hindering a person from accessing or leaving a place of worship without a reasonable excuse. This means physically obstructing or creating obstacles that prevent or delay individuals from entering or exiting a place of worship.
• Harassing, intimidating, or threatening a person accessing or leaving a place of worship. This covers actions that create a hostile or frightening environment for individuals seeking to enter or leave a place of worship.

These offences carry a maximum penalty of a fine, imprisonment for up to two years, or both. These new laws reflect the NSW government’s commitment to protecting places of worship and ensuring public safety.

Expanded Police Powers in or Near Places of Worship

In addition to the new offences, the Crimes Amendment (Places of Worship) Bill 2025 has expanded police powers in and near places of worship. These expanded powers are designed to manage demonstrations, assemblies, protests, or processions that may disrupt or threaten places of worship.

The key expanded police power is the authority to issue ‘move on’ directions. This means that if a demonstration, assembly, protest, or procession is unauthorised and occurs in or near a place of worship, police officers are empowered to direct participants to move on. This power is granted under section 200 of the Law Enforcement (Powers and Responsibilities) Act 2002.

It is important to note that these expanded police powers do not apply to certain types of conduct. The exceptions include:

• Industrial action: Legitimate industrial actions, such as strikes or pickets, are not subject to these move-on powers.
• Conduct at Parliament House or the office of a Member of Parliament: Protests or assemblies at these locations are also excluded from these expanded police powers.

These exceptions ensure that the expanded police powers are targeted at protecting places of worship from disruptive protests, while not unduly limiting other forms of assembly or expression. The introduction of these expanded police powers is a proactive measure to maintain public order and protect access to places of worship.

Human Rights and Peaceful Assembly Concerns

Restrictions on the Right to Peaceful Assembly

The new hate crime laws in NSW have raised human rights concerns, particularly regarding the right to peaceful assembly. Critics argue that the new laws unduly restrict this fundamental right by granting broad police powers and using ill-defined terms. The Crimes Amendment (Places of Worship) Bill 2025 authorises police to issue move-on directions to individuals participating in protests near places of worship. This expansion of police powers, combined with vague language in the legislation, may lead to arbitrary enforcement and limit the ability to engage in peaceful protest.

The lack of precision in defining terms such as “near a place of worship” and conduct that “impedes” or “hinders” access creates uncertainty. This ambiguity may deter individuals from exercising their right to peaceful assembly for fear of unknowingly contravening the new laws. Furthermore, the inclusion of exceptions for “authorised public assemblies” under the Summary Offences Act 1988 raises concerns that the laws favour pre-approved protests over spontaneous gatherings, which are also protected under international human rights law.

Necessity and Proportionality of Restrictions

Questions have been raised about whether the restrictions on peaceful assembly are necessary and proportionate to address a pressing social need, as required by international human rights law. While the Minns government states the aim is to ensure people of faith can worship safely, there is debate about whether peaceful protests near places of worship genuinely impede this right. It is argued that the laws impose blanket restrictions on assemblies near places of worship, regardless of whether they pose an actual risk or are intentionally disruptive.

According to international human rights law, any restriction on the right to peaceful assembly must be lawful, necessary, and proportionate. The new laws are criticised for potentially failing these tests due to their lack of precision and overly broad scope. Critics suggest the new laws are not sufficiently targeted to address a clear social need and may not be the least intrusive means available to achieve their stated aims. Therefore, concerns remain about whether these restrictions strike an appropriate balance between protecting places of worship and upholding fundamental human rights.

Conclusion

In February 2025, both the NSW and Federal governments introduced new laws to address hate crime, marking a significant development in the legal landscape. These new laws in NSW include the Crimes Amendment (Inciting Racial Hatred) Bill 2025 and the Crimes Amendment (Places of Worship) Amendment Bill 2025, while at the federal level, the Criminal Code Amendment (Hate Crimes) Bill 2025 (Cth) was enacted. These legislative changes introduce a new criminal offence for intentionally inciting racial hatred and aim to strengthen protections for places of worship, alongside expanding police powers and increasing penalties for related offences.

Understanding these new hate crime laws is crucial for both individuals and organisations in NSW and Australia. If you require expert guidance on how these changes may affect you or your place of worship, do not hesitate to contact Daoud Legal today. Our team possesses unparalleled expertise in navigating the complexities of hate speech laws and can provide you with tailored advice and support.

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