Penalties include up to two years' imprisonment and a fine of up to $11,000 for individuals
The NSW government has introduced new legislation aimed at combating hate speech and antisemitism by creating a criminal offence for intentionally inciting racial hatred.
The Crimes Amendment (Inciting Racial Hatred) Bill 2025 was presented to Parliament on February 18. The proposed law will make it an offence to publicly and intentionally incite hatred toward an individual or group based on race. The bill introduces section 93ZAA to the Crimes Act 1900, with penalties including up to two years’ imprisonment and fines of up to $11,000 for individuals and $55,000 for corporations.
For a person to be charged under the new law, the act must be public, must incite hatred, must be intentional, and must be based on race. To protect freedom of political communication, the legislation has been drafted to apply to specific conduct. An exception has been included for religious teachings that directly reference religious texts.
The bill is part of a broader strategy by the NSW government to address racial violence and discrimination. Other recent measures include a new offence designed to ensure people of faith can safely attend places of worship, with police granted move-on powers. The government has also introduced laws targeting the display of Nazi symbols near synagogues, places of worship, Jewish schools, and the Sydney Jewish Museum. Amendments to graffiti offences now make it an aggravated offence to deface places of worship. Additionally, racial hatred is now recognised as an aggravating factor in sentencing, even when other motives are present.
The NSW government has increased funding for programs addressing hate crimes, including the NSW Engagement and Hate Crime Unit, the Safe Places for Faith Communities Grants, and the NSW Local Government Social Cohesion Grants Program.
Law enforcement efforts have also intensified. Operation Shelter has been conducting more than 300 proactive patrols daily, while Strike Force Pearl has expanded its dedicated team of detectives from 20 to 40.
Premier Chris Minns emphasised the importance of the law in combating racial hatred, stating that racial hatred and antisemitism have no place in society and that these strong new laws send a clear message that such behaviour must stop. He described NSW as a multicultural state where people already stand against racial hatred and that this law reinforces that stance by making it a criminal offence.
Attorney General Michael Daley stated that racial hatred is unacceptable and that under this new legislation, it will be a crime to publicly and intentionally incite racial hatred. He added that it is essential for members of the community to be protected from conduct that causes them to fear for their safety, harassment, intimidation, or violence.
