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Where am I now? Lawlink > Law Reform Commission > Publications > Appendix A: Draft Anti-Discrimination Bill 1999 - Chapter 8
Report 92 (1999) - Review of the Anti-Discrimination Act 1977 (NSW)
Appendix A: Draft Anti-Discrimination Bill 1999 - Chapter 8
89 Prescribed characteristics
For the purposes of this Part, the prescribed characteristics are as follows:
(a) race,
(b) homosexuality or lesbianism,
(c) HIV/AIDS status,
(d) transgender status.
90 Inciting hatred etc
(1) It is unlawful for a person, by a public communication, to incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of a prescribed characteristic of the person or members of the group.
(2) Nothing in this section renders unlawful:
(a) a fair report of a public communication referred to in subsection (1), or
(b) a communication or the distribution or dissemination of any matter comprising a publication referred to in Division 3 of Part 3 of the Defamation Act 1974 or that is otherwise subject to a defence of absolute privilege in proceedings for defamation, or
(c) a public communication, made reasonably and in good faith, for academic, artistic, scientific or research purposes or for other purposes in the public interest, including discussion or debate about and expositions of any act or matter.
91 Application of section 90
(1) For the purposes of section 90:
a public communication means any means of invoking, disseminating, communicating or demonstrating beliefs, information or attitudes by words, symbols, displays or conduct that is intended or likely to be received by a person or persons other than a member of the group being vilified.
(2) A person does not contravene section 90 merely because the person distributed or disseminated the communication, if the person is ignorant of the content of the communication.
(3) The requirements of section 90 may be satisfied whether or not the person making the communication intends the prohibited effect.
(4) The requirements of section 90 may be satisfied by a public communication:
(a) that is likely to have the prohibited effect on a person who is intended or likely to receive the communication, and
(b) whether or not it would be likely to have that effect on a fair-minded member of the community if a person who is intended or likely to receive the communication has a special susceptibility to that effect and the communication would be likely to have such an effect on that person.
92 Reference of complaint to DPP
(1) If the President:
(a) receives a complaint of unlawful vilification, or
(b) otherwise becomes aware of an act that may constitute unlawful vilification,
that the President is satisfied may constitute serious vilification, the President may refer the matter to the Director of Public Prosecutions, with such recommendations or other material as seems fit to the President.
(2) In this section, serious vilification means vilification of a kind that, if it were to be carried out, would constitute an offence under section 93IH of the Crimes Act 1900.
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