Document ID: chunk:federal_register_of_legislation:C2025A00001:clause:1_19:p7
Version: federal_register_of_legislation:C2025A00001
Segment Type: clause
Provision Reference: sch 1 cl 19 (pt 7/7)
Character Range: 21781–23275

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.
Penalty: Imprisonment for 5 years.
Note: For intention, see section 5.2. For recklessness, see section 5.4.
 (3) The fault element for paragraphs (1)(d) and (2)(d) is recklessness.
Note: For recklessness, see section 5.4.
 (4) For the purposes of paragraphs (1)(d) and (2)(d), the person may have in mind a combination of attributes mentioned in those paragraphs.

Alternative verdict
 (5) Subsection (6) 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).
 (6) 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.

Meaning of damage
 (7) In this section:
damage includes minor damage.
Example: An offensive slogan painted on a building (advocating the use of force or violence against Jews) is damage for the purposes of this section.