The NSW Government will introduce legislation to Parliament today to confront hate speech and antisemitism by establishing a new criminal offence for intentionally inciting racial hatred.
The Crimes Amendment (Inciting Racial Hatred) Bill 2025 responds to recent disgusting instances of antisemitic conduct and hate speech, and makes clear that inciting racial hatred has no place in NSW.
The legislation will make it a crime to intentionally and publicly incite hatred towards another person, or group of people, on the grounds of race. The bill will establish a new section, 93ZAA of the Crimes Act 1900, with a maximum penalty for an individual of two years' imprisonment, fines of up to $11,000, or both, while corporations can face fines of $55,000.
The proposed offence will contain the following elements:
- It must be a public act;
- The public act must incite hatred;
- The incitement to hatred must be intentional; and
- The intentional incitement to hatred must be on the basis of race.
To ensure the implied freedom of political communication is protected, the new offences have been drafted to apply to specific conduct.
The new section includes an exception for directly referencing religious texts during religious teachings.
Criminalising the incitement of racial hatred is the latest measure taken by the NSW Government to respond to acts of racial violence and hatred. Other actions include:
- Introducing a new offence in the Crimes Act to ensure people of faith can attend their place of worship in safety and provide police with associated move on powers;
- Introducing a new offence in 93ZA of the Crimes Act directed to the display of a Nazi symbol on or near a synagogue or place of worship, Jewish school or the Sydney Jewish Museum;
- Amending existing graffiti offences to make it an aggravated offence to graffiti a place of worship; and
- Ensuring that hatred or prejudice as motive for an offence will be an aggravating factor on sentence regardless of the presence of other motives.
The Minns Labor Government also increased funding for the NSW Engagement and Hate Crime Unit, the Safe Places for Faith Communities Grants (led by Multicultural NSW), and the NSW Local Government Social Cohesion Grants Program.
This package of measures helps crack down on the recent escalation of troubling graffiti, racial hatred and antisemitism in the community.
It also builds on the work of the NSW Police Force, with Operation Shelter conducting more than 300 proactive patrols daily, while Strike Force Pearl has doubled its fulltime dedicated detectives from 20 to 40.
With these reforms, the NSW Government is sending a clear message about how seriously it takes racial hatred and antisemitism.
Premier of NSW Chris Minns said:
"Racial hatred and antisemitism have no place in our society, and we are making it clear with this law.
"These are strong new laws because this disgraceful behaviour must stop.
"NSW is a multicultural state. The people of NSW already stand against racial hatred, and we are making it criminal with this law.
"While this package confronts recent antisemitism, the new laws will apply to anyone, preying on any person."
Attorney General Michael Daley said:
"Racial hatred is unacceptable - and under this new legislation, it will be a crime to publicly and intentionally incite racial hatred.
"It is important for members of our community to be protected from conduct that causes them to fear for their safety, or to fear harassment, intimidation or violence."
