Please assist with the following proposed legislative criminalisation of hate speech:

Offence of hate speech

(1) (a) Any person who intentionally publishes, propagates or advocates anything or communicates to one or more persons in a manner that could reasonably be construed to demonstrate a clear intention to

(i) be harmful or to incite harm; or

(ii) promote or propagate hatred, based on one or more of the following grounds:

age; albinism; birth; colour; culture; disability; ethnic or social origin; gender or gender identity; HIV status; language; nationality, migrant or refugee status; race; religion; sex, which includes intersex; or sexual orientation,

is guilty of an offence of hate speech.

So should this be stated as hate of speech in accordance with s16 of the constitution. Also is there a process that I can follow to make this determination and apply that process to this above provision?