Document ID: chunk:federal_register_of_legislation:C2025A00001:clause:1_19:p6
Version: federal_register_of_legislation:C2025A00001
Segment Type: clause
Provision Reference: sch 1 cl 19 (pt 6/7)
Character Range: 19332–21997

is immaterial whether:
 (a) the real property actually is a place of worship of the targeted group; or
 (b) the real property actually is owned, or occupied, in whole or in part, by one or more members of the targeted group; or
 (c) the motor vehicle actually is owned, or occupied, in whole or in part, by one or more members of the targeted group; or
 (d) the real property actually is owned, or occupied, in whole or in part, by a close associate of one or more members of the targeted group; or
 (e) the motor vehicle actually is owned, or occupied, in whole or in part, by a close associate of one or more members of the targeted group.
  (4) The fault element for paragraphs (1)(c) and (2)(c) is recklessness.
Note: For recklessness, see section 5.4.
 (5) Strict liability applies to paragraphs (1)(d) and (2)(d).
 (6) For the purposes of paragraphs (1)(c) and (2)(c), the person may have in mind a combination of attributes mentioned in those paragraphs.

Alternative verdict
 (7) Subsection (8) applies if, in a prosecution for an offence (the prosecuted offence) against subsection (1), the trier of fact:
 (a) is not satisfied that the defendant is guilty of the offence; but
 (b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence) against subsection (2).
 (8) The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

Definitions
 (9) In this section:
fear includes apprehension.

80.2BE  Advocating force or violence through causing damage to property

Offences
 (1) A person (the first person) commits an offence if:
 (a) the first person intentionally advocates for another person, or a group, to use force or violence against a group (the targeted group); and
 (b) the first person does so by causing damage to property; and
 (c) the first person does so reckless as to whether the force or violence will occur; and
 (d) the targeted group is distinguished by race, religion or ethnic origin; and
 (e) the use of force or violence would threaten the peace, order and good government of the Commonwealth.
Penalty: Imprisonment for 7 years.
Note: For intention, see section 5.2. For recklessness, see section 5.4.
 (2) A person (the first person) commits an offence if:
 (a) the first person intentionally advocates for another person, or a group, to use force or violence against a group (the targeted group); and
 (b) the first person does so by causing damage to property; and
 (c) the first person does so reckless as to whether the