Document ID: chunk:federal_register_of_legislation:C2025C00060:section:4:p18
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 4 (pt 18/44)
Character Range: 216301–218824

as the defendant has been accorded procedural fairness in relation to that finding of guilt.

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

80.2BC  Advocating damage to or destruction of real property or motor vehicle

Offences
 (1) A person (the first person) commits an offence if:
 (a) the first person advocates the causing of damage to, or the destruction of, real property or a motor vehicle; and
 (b) the first person does so because of the first person's belief that:
 (i) the real property is a place of worship of a group (the targeted group); or
 (ii) the real property is owned, or occupied, in whole or in part, by one or more members of a group (the targeted group); or
 (iii)  the motor vehicle is owned, or occupied, in whole or in part, by one or more members of a group (the targeted group); or
 (iv) the real property is owned, or occupied, in whole or in part, by a close associate of one or more members of a group (the targeted group); or
 (v)  the motor vehicle is owned, or occupied, in whole or in part, by a close associate of one or more members of a group (the targeted group); and
 (c) the first person is reckless as to whether the damage or destruction will occur; and
 (d) the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion; and
 (e) the damage or destruction, if it were to occur, would threaten the peace, order and good government of the Commonwealth.
Note: For intention, see section 5.2. For recklessness, see section 5.4.
Penalty: Imprisonment for 7 years.
 (2) A person (the first person) commits an offence if:
 (a) the first person advocates the causing of damage to, or the destruction of, real property or a motor vehicle; and
 (b) the first person does so because of the first person's belief that:
 (i) the real property is a place of worship of a group (the targeted group); or
 (ii) the real property is owned, or occupied, in whole or in part, by one or more members of a group (the targeted group); or
 (iii) the motor vehicle is owned, or occupied, in whole or in part, by one or more members of a group (the targeted group); or
 (iv) the real property is owned, or occupied, in whole or in part, by a close associate of one or more members of a group (the targeted group); or
 (v)  the motor vehicle is owned, or occupied, in whole or in part, by a close associate of one or more members of a group (the targeted group);