You are using a version of the website built for webcrawlers and people whose devices cannot use javascript. Some functionality may not be available.
Contents (1977 - 48)
Skip contents
Anti-Discrimination Act 1977 No 48
Current version for 8 December 2016 to date (accessed 20 September 2017 at 10:12)
Part 3A Division 5
Division 5 Transgender vilification
38R   Definition
In this Division:
public act includes:
(a)  any form of communication to the public, including speaking, writing, printing, displaying notices, broadcasting, telecasting, screening and playing of tapes or other recorded material, or
(b)  any conduct (not being a form of communication referred to in paragraph (a)) observable by the public, including actions and gestures and the wearing or display of clothing, signs, flags, emblems and insignia, or
(c)  the distribution or dissemination of any matter to the public with knowledge that the matter promotes or expresses hatred towards, serious contempt for, or severe ridicule of:
(i)  a person on the ground that the person is a transgender person, or
(ii)  a group of persons on the ground that the members of the group are transgender persons.
38S   Transgender vilification unlawful
(1)  It is unlawful for a person, by a public act, to incite hatred towards, serious contempt for, or severe ridicule of:
(a)  a person on the ground that the person is a transgender person, or
(b)  a group of persons on the ground that the members of the group are transgender persons.
(2)  Nothing in this section renders unlawful:
(a)  a fair report of a public act referred to in subsection (1), or
(b)  a communication or the distribution or dissemination of any matter on an occasion that would be subject to a defence of absolute privilege (whether under the Defamation Act 2005 or otherwise) in proceedings for defamation, or
(c)  a public act, done reasonably and in good faith, for academic, artistic, scientific, research or religious discussion or instruction purposes or for other purposes in the public interest, including discussion or debate about and expositions of any act or matter.
38T   Offence of serious transgender vilification
(1)  A person must not, by a public act, incite hatred towards, serious contempt for, or severe ridicule of, a person on the ground that the person is a transgender person, or a group of persons on the ground that the members of the group are transgender persons, by means which include:
(a)  threatening physical harm towards, or towards any property of, the person or group of persons, or
(b)  inciting others to threaten physical harm towards, or towards any property of, the person or group of persons.
Maximum penalty:
In the case of an individual—10 penalty units or imprisonment for 6 months, or both.
In the case of a corporation—100 penalty units.
(2)  A person is not to be prosecuted for an offence under this section unless the Attorney General has consented to the prosecution.