According to VIC Law for the charge of Offence of serious racial vilification,

Racial and Religious Tolerance Act 2001 - SECT 24

PART 4 SERIOUS VILIFICATION OFFENCES

Offence of serious racial vilification

24. Offence of serious racial vilification

(1) A person (the offender) must not, on the ground of the race of another person or class of persons, intentionally engage in conduct that the offender knows is likely-

(a) to incite hatred against that other person or class of persons; and

(b) to threaten, or incite others to threaten, physical harm towards that other person or class of persons or the property of that other person or class of persons.

Note Engage in conduct includes use of the internet or e-mail to publish or transmit statements or other material.

(2) A person (the offender) must not, on the ground of the race of another person or class of persons, intentionally engage in conduct that the offender

knows is likely to incite serious contempt for, or revulsion or severe ridicule of, that other person or class of persons.

Note Engage in conduct includes use of the internet or e-mail to publish or ransmit statements or other material. (3) For the purposes of subsections (1) and (2), conduct-

(a) may be constituted by a single occasion or by a number of occasions over a period of time; and

(b) may occur in or outside Victoria.

According to VIC Law for the charge of Offence of serious racial vilification,

In the case of a person: 60 penalty units or 6 months imprisonment

In the case of a corporation: 300 penalty units

1. A person intentionally engages in conduct towards another person.

2. The conduct is on the grounds of the other person's race. 

3. The person knows that that conduct is likely to incite hatred and threaten or incite others to threaten physical harm towards, or knows the conduct is likely to incite serious contempt for, revulsion, or severe sidicule of the person or class or persons.

1. Factual Dispute.

2. Lack of intent.

3. Identification dispute

Magistrates Court