Maintenance of Religious Harmony Act 1990 · 2020 Revised Edition · Part 6 · Offences*
17G. Interpretative provisions for serious offences
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In determining whether a person commits an offence under section 17E or 17F, the person’s motive for engaging in the conduct is irrelevant.
In determining whether a person has committed an offence under section 17E, the following are irrelevant:
whether or not the religion or religious belief or activity (as defined in section 17E), or the ethnicity, descent, nationality, language, political opinion or any other characteristic (whether or not of a similar kind) of another person or group of persons is the only or dominant ground for the conduct, so long as it is a substantial ground;
whether or not the person made an assumption about the religion or religious belief or activity (as defined in section 17E), or the ethnicity, descent, nationality, language, political opinion or any other characteristic (whether or not of a similar kind), of another person or group of persons that was incorrect at the time that the offence is alleged to have taken place.
In determining whether a person has committed an offence under section 17F, the following are irrelevant:
whether or not the religion or religious belief or activity (as defined in section 17F) of another person or group of persons is the only or dominant ground for the conduct, so long as it is a substantial ground;
whether or not the person made an assumption about the religion or religious belief or activity (as defined in section 17F) of another person or group of persons that was incorrect at the time that the offence is alleged to have taken place.