Recommendation 8

The new offence relates to what someone perceives a person may “intend” to do, or damage they are “likely” to cause, “if” they reside on land. The language of the new offence uses multiple terms that are open to wide and often subjective interpretation and as a consequence will allow for prejudice and discrimination to permeate this new offence. It is clear that any infringement of property rights can cause harm to the landowner. However, we must not criminalise people for doing no harm, particularly when those being targeted by the new offence are a historically persecuted minority group who continue to suffer discrimination and prejudice. We propose that Subsection (4)(b) of new Section 60C, as set out in Clause 61, be left out of the Bill.