Jan McLucas (Queensland, Australian Labor Party, Parliamentary Secretary for Disabilities and Carers) Share this | Hansard source

I apologise, Senator, for not addressing it in my earlier contribution.

The government believes that the offences you refer to are appropriately located in chapter 5 of the Criminal Code, which deals with the security of the Commonwealth. As you would be aware, the explanatory memorandum was amended to explain further why this is the case.

The urging violence offences criminalise the urging of force or violence, and while the offences in section 82A and 82B in effect condemn ethno-racially or religiously motivated discrimination, they are serious criminal offences that target conduct that has the potential to impact on the security of the Commonwealth. The offences have been carefully drafted to capture conduct that is criminally culpable. I hope that this is of assistance.