Thursday, 5 February 2026

Bills

Justice Legislation Further Amendment (Miscellaneous) Bill 2025

The Speaker
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Justice Legislation Further Amendment (Miscellaneous) Bill 2025

Second reading

Debate resumed on motion of Sonya Kilkenny:

That this bill be now read a second time.

The SPEAKER: The question is:

That this bill be now read a second time, government amendments 1 to 3 inclusive be agreed to and the bill be now read a third time.

Assembly divided on question:

Ayes (77): Jacinta Allan, Brad Battin, Jade Benham, Roma Britnell, Colin Brooks, Josh Bull, Tim Bull, Martin Cameron, Anthony Carbines, Ben Carroll, Anthony Cianflone, Annabelle Cleeland, Sarah Connolly, Chris Couzens, Chris Crewther, Jordan Crugnale, Lily D’Ambrosio, Daniela De Martino, Steve Dimopoulos, Paul Edbrooke, Wayne Farnham, Eden Foster, Will Fowles, Matt Fregon, Ella George, Matthew Guy, Bronwyn Halfpenny, Katie Hall, Paul Hamer, Martha Haylett, Mathew Hilakari, David Hodgett, Melissa Horne, Natalie Hutchins, Lauren Kathage, Emma Kealy, Sonya Kilkenny, Nathan Lambert, John Lister, Gary Maas, Alison Marchant, Kathleen Matthews-Ward, Tim McCurdy, Steve McGhie, Cindy McLeish, Paul Mercurio, John Mullahy, James Newbury, Danny O’Brien, Michael O’Brien, Kim O’Keeffe, Danny Pearson, John Pesutto, Pauline Richards, Tim Richardson, Richard Riordan, Brad Rowswell, Michaela Settle, David Southwick, Ros Spence, Nick Staikos, Natalie Suleyman, Meng Heang Tak, Nina Taylor, Kat Theophanous, Mary-Anne Thomas, Bridget Vallence, Emma Vulin, Iwan Walters, Vicki Ward, Kim Wells, Nicole Werner, Rachel Westaway, Dylan Wight, Gabrielle Williams, Belinda Wilson, Jess Wilson

Noes (3): Gabrielle de Vietri, Tim Read, Ellen Sandell

Question agreed to.

Read second time.

Circulated amendments

Circulated government amendments as follows agreed to:

1.   Clause 1, page 2, after line 31 insert –

“(iii) to provide that the consent of the Director of Public Prosecutions is not required for a police officer to commence a prosecution for an offence against section 195N(1) of that Act (incitement on ground of protected attribute) or section 195O(1) of that Act (threaten physical harm or property damage on ground of protected attribute) unless the accused is under the age of 18 years; and”.

2.   Page 57, after line 18 insert the following heading –

“Part 8A – Anti-vilification and social cohesion”.

3.   Insert the following New Clauses to follow clause 76 and the heading proposed by amendment 2 –

‘76A Section 195Q substituted

For section 195Q of the Crimes Act 1958 substitute –

“195Q   Prosecution of offences

A prosecution for an offence against section 195N(1) or 195O(1) –

(a)   may only be commenced by the Director of Public Prosecutions or a police officer; and

(b)   if the prosecution is of a person under the age of 18 years, may only be commenced by a police officer with the consent of the Director of Public Prosecutions.”.

76B New section 640C inserted

After section 640B of the Crimes Act 1958 insert –

“640C   Transitional provision – Justice Legislation Further Amendment (Miscellaneous) Act 2025

Section 195Q as substituted by Part 8A of the Justice Legislation Further Amendment (Miscellaneous) Act 2025 applies in relation to an offence against section ‍195N(1) or 195O(1) irrespective of when the offence is alleged to have been committed.”.’.

Third reading

Motion agreed to.

Read third time.

The SPEAKER: The bill will now be sent to the Legislative Council and their agreement requested.

Business interrupted under sessional orders.

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