Sentencing Amendment (Racial Motivation) Act 2017
An Act to amend the Sentencing Act 1997
[Royal Assent 31 March 2017]
Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Sentencing Amendment (Racial Motivation) Act 2017 .
This Act commences on the day on which this Act receives the Royal Assent.
In this Act, the Sentencing Act 1997 is referred to as the Principal Act.
4. Section 11B inserted
After section 11A of the Principal Act , the following section is inserted in Part 2:11B. Racial motivation to be taken into account in sentencing offenders
In determining the appropriate sentence for an offender, the court is to take into account, as an aggravating circumstance in relation to the offence, whether the offence was motivated to any degree by –(a) hatred for or prejudice against, on racial grounds, any victim of the offence; or(b) hatred for or prejudice against, on racial grounds, a person or group of persons with whom at the relevant time any victim of the offence was associated or believed by the offender to have been associated.
This Act is repealed on the three hundred and sixty fifth day from the day on which it commences.
[Second reading presentation speech made in:
House of Assembly on 16 NOVEMBER 2016
Legislative Council on 15 MARCH 2017]