Amid escalating graffiti and vandalism incidents in Sydney, the Minns government is making it clear that perpetrators of racist crimes will face the full force of the law.
The government is introducing a racial hatred incitement offence to the Crimes Amendment in parliament on Tuesday in response to "recent disgusting instances of anti-Semitic conduct and hate speech".
"Racial hatred is unacceptable – and under this new legislation, it will be a crime to publicly and intentionally incite racial hatred," Attorney-General Michael Daley said.
"It is important for members of our community to be protected from conduct that causes them to fear for their safety, or to fear harassment, intimidation or violence."
The legislation will make it a crime to intentionally and publicly incite hatred towards another person, or group of people, on the grounds of race.
The bill will establish a new section, 93ZAA of the Crimes Act 1900, with a maximum penalty for an individual of two years behind bars, fines of up to $11,000, or both, while corporations can face fines of $55,000.
The proposed offence stipulates that it must be a public act, and that it intentionally incites hatred based on race.
The government maintains freedom of political speech will be protected and makes an exception "for directly referencing religious texts during religious teachings."
The proposal comes a week after a package of laws was introduced including criminalising graffiti at places of worship.
Another law criminalises anyone intentionally blocking, harassing, intimidating or threatening worshippers from accessing their local synagogue, church or mosque.
Civil rights groups are concerned this law could be abused in its application if demonstrations happened near religious institutions.
The changes come despite a November review that recommended not broadening the laws or introducing other offences to curb public incitement of hatred.
Like most Australian state and territory hate laws, NSW requires proof that the offender threatened or incited physical harm to people or property.
Since December, a synagogue has been firebombed, multiple cars have been torched and swastikas and anti-Semitic slogans scrawled on vehicles and buildings in areas with large Jewish communities.
A NSW Police taskforce with 40 detectives has been established to target anti-Semitic crimes.
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