Anti-Semitism Law in Australia?
- Thread starter K M
- Start date
You can find the Racial Discrimination Act by using this link:
http://www.austlii.edu.au/au/legis/cth/consol_act/rda1975202/
No specific anti Semitic laws have been made. I do not believe there is anything in our constitution which continues to remains unchanged as it requires a referendum to do so. The Constitution does not confer rights to the citizens of Australia, rather is confers particular powers of each State and Territory upon the Commonwealth of Australia. Some individual rights may be inferred but no specific rights are named.
One may find the UN laws to be useful. As Australia has ratified the UN law relating to racial discrimination, we are obliged to enforce the law with binding Australian legislation. This is done by way of the Racial Discrimination Act (above).
The act has drawn some attention lately, particularly in relation to the balancing ones right to freedom of speech and ones right to live free of discrimination.
I am a paralegal and a student studying a Bachelor of Laws so I cannot provide advice but I can direct you toward legal information, and provide non-specific information. I recommend you seek advice from a lawyer. Especially as it can be difficult to interpret the contentious sections of the Act. One must not make public accusations that condemn another's behaviours unless they are certain that the condemnation will not find them called to defend their actions under the laws of defamation.
http://www.austlii.edu.au/au/legis/cth/consol_act/rda1975202/
No specific anti Semitic laws have been made. I do not believe there is anything in our constitution which continues to remains unchanged as it requires a referendum to do so. The Constitution does not confer rights to the citizens of Australia, rather is confers particular powers of each State and Territory upon the Commonwealth of Australia. Some individual rights may be inferred but no specific rights are named.
One may find the UN laws to be useful. As Australia has ratified the UN law relating to racial discrimination, we are obliged to enforce the law with binding Australian legislation. This is done by way of the Racial Discrimination Act (above).
The act has drawn some attention lately, particularly in relation to the balancing ones right to freedom of speech and ones right to live free of discrimination.
I am a paralegal and a student studying a Bachelor of Laws so I cannot provide advice but I can direct you toward legal information, and provide non-specific information. I recommend you seek advice from a lawyer. Especially as it can be difficult to interpret the contentious sections of the Act. One must not make public accusations that condemn another's behaviours unless they are certain that the condemnation will not find them called to defend their actions under the laws of defamation.
I agree with the above. There are no special provisions relating to anti-Semitism per se.
Indeed, the Commonwealth expressly has no powers in respect of religion (s116).
You can read a little about the A-G's proposal to amend s18(c) of the Racial Discrimination Act 1975 (Cth)
here:
http://www.attorneygeneral.gov.au/M...rter/25March2014-RacialDiscriminationAct.aspx
and here:
http://www.abc.net.au/news/2014-04-30/george-brandis-ill-informed-on-right-to-be-bigots/5375302
Indeed, the Commonwealth expressly has no powers in respect of religion (s116).
You can read a little about the A-G's proposal to amend s18(c) of the Racial Discrimination Act 1975 (Cth)
here:
http://www.attorneygeneral.gov.au/M...rter/25March2014-RacialDiscriminationAct.aspx
and here:
http://www.abc.net.au/news/2014-04-30/george-brandis-ill-informed-on-right-to-be-bigots/5375302
then how this man was jailed over anti-semitic video?
http://www.abc.net.au/news/2011-01-31/man-jailed-over-anti-semitic-video/1923924
http://www.abc.net.au/news/2011-01-31/man-jailed-over-anti-semitic-video/1923924
Because he was convicted of a racism offence, not an offence of anti-semitism.
He would have faced a similar proceeding regardless of his target.
It just happened that that one was anti-semitic.
Had it been anti-anyone else, he would have faced a similar proceeding.
It's not (or in that case, wasn't) A special law about anti-semitism.
He would have faced a similar proceeding regardless of his target.
It just happened that that one was anti-semitic.
Had it been anti-anyone else, he would have faced a similar proceeding.
It's not (or in that case, wasn't) A special law about anti-semitism.
Hi @K M
The most notable Australian case law in relation to Holocaust denial in Australia is the Full Court of the Federal Court of Australia's decision in Toben v Jones [2003] FCAFC 137.
The most notable Australian case law in relation to Holocaust denial in Australia is the Full Court of the Federal Court of Australia's decision in Toben v Jones [2003] FCAFC 137.
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