People found guilty of serious vilification in the ACT would soon face jail time under proposed changes to anti-hate speech laws the government said would also include a broader ban on Nazi symbols.
Attorney-General Tara Cheyne said the government would introduce a bill to overhaul the territory's hate crimes and vilification laws in December, following a review of the laws that came after last year's Bondi terror attack.
"The ACT is the only Australian jurisdiction whose serious vilification offence does not carry a maximum term of imprisonment, and the current penalty is also lower than the penalty for publicly displaying a Nazi symbol in the ACT," Ms Cheyne said.
The report found the ACT had strong anti-hate speech laws but needed targeted changes to improve clarity, enforcement and accessibility.
Serious vilification offences were rarely prosecuted and stakeholders reported rising hate speech against religious communities, multicultural communities, First Nations people, people with a disability and LGBTQIA+ communities, the report said.
"The changes the review recommends seek to strengthen protections against hate-motivated conduct while maintaining an appropriate balance with human rights and freedom of expression," the review said.
Ms Cheyne said the government supported the review's nine recommendations and would move to expand prohibitions on Nazi symbols and gestures and ensure sentences consider hate motivation.
"The bill will also simplify the serious vilification offence by removing an unnecessarily complex fault element concerning whether the conduct occurred other than in private," she said in a statement tabled in the Legislative Assembly on Thursday.
"Serious vilification is intended to capture extreme cases of hate speech involving a threatening act. However, the review found that the current offence contains multiple legal elements that can make it complex to investigate and prosecute."
Ms Cheyne said the ACT would ban the Nazi double-sig rune, commonly known as SS bolts, and the Nazi salute. The public display of the Nazi swastika is already an offence in the territory.
Further consultation will examine a specific offence for "calculated, prejudice-motivated attacks", such as using dating or hook-up apps to lure gay and bisexual men to locations where they have been attacked, robbed and filmed.
"While aspects of this conduct may already be captured by existing offences, a specifically targeted offence could send a clear message that these calculated, prejudice-motivated attacks will not be tolerated in Canberra," Ms Cheyne said.
The Attorney-General said laws alone could not eliminate prejudice and hatred in the community.
"But it can set clear boundaries, provide meaningful remedies and ensure our justice responds effectively when people are targeted because of who they are - or who they are perceived to be," she said.
"Everyone should be able to participate in the life of our city with dignity, safety and respect."
ACT Labor promised before the 2024 election to review the territory's Discrimination Act, as well as anti-hate speech laws, with a focus on protecting LGBTIQA+ people.
In January, Chief Minister Andrew Barr said anti-vilification laws were not about silencing debate or legitimate criticism.
"They are about stopping conduct that crosses into harassment, incitement, and the promotion of violence or exclusion," he said.
