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RACIAL DISCRIMINATION ACT 1975
Compilation Information

Racial Discrimination Act 1975
Act No. 52 of 1975 as amended
This compilation was prepared on 24 June 2004 taking into account
amendments up to Act No. 40 of 2004
The text of any of those amendments not in force on that date is appended in
the Notes section
The operation of amendments that have been incorporated may be affected by
application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting, Attorney-General's
Department, Canberra
Long Title
An Act relating to the Elimination of Racial and other
Discrimination
Preamble
WHEREAS a Convention entitled the "International Convention on the
Elimination of all Forms of Racial Discrimination" (being the Convention a copy
of the English text of which is set out in the Schedule) was opened for
signature on 21 December 1965:
AND WHEREAS the Convention entered into force on 2 January 1969:
AND WHEREAS it is desirable, in pursuance of all relevant powers of the
Parliament, including, but not limited to, its power to make laws with respect
to external affairs, with respect to the people of any race for whom it is
deemed necessary to make special laws and with respect to immigration, to make
the provisions contained in this Act for the prohibition of racial
discrimination and certain other forms of discrimination and, in particular, to
make provision for giving effect to the Convention:
BE IT THEREFORE ENACTED by the Queen, the Senate and the House of
Representatives of Australia, as follows:
RACIAL DISCRIMINATION ACT 1975 Part IPreliminary
RACIAL DISCRIMINATION ACT 1975 - SECT 1 Short title [see Note 1]
This Act may be cited as the Racial Discrimination Act 1975.
RACIAL DISCRIMINATION ACT 1975 - SECT 2 Commencement [see Note 1]
- (1)
- Sections 1, 2 and 7 shall come into operation on the day on which this Act
receives the Royal Assent.
- (2)
- The remaining provisions of this Act shall come into operation on a day to
be fixed by Proclamation, being a day not earlier than the day on which the
Convention enters into force for Australia.
RACIAL DISCRIMINATION ACT 1975 - SECT 3 Interpretation
- (1)
- In this Act, unless the contrary intention appears:
Aboriginal means a person who is a descendant of an indigenous
inhabitant of Australia but does not include a Torres Strait Islander.
Chairman means Chairman of the Council.
Commission means the Human Rights and Equal Opportunity
Commission established by the Human Rights and Equal Opportunity Commission
Act 1986.
Commissioner means the Race Discrimination Commissioner appointed
under section 29.
Commonwealth agency means an agency within the meaning of the
Privacy Act 1988.
conciliation committee means a conciliation committee established
under the regulations.
Convention means the International Convention on the Elimination
of All Forms of Racial Discrimination that was opened for signature on 21
December 1965 and entered into force on 2 January 1969, being the Convention a
copy of the English text of which is set out in the Schedule.
Council means the Community Relations Council established by
section 28.
Deputy Chairman means Deputy Chairman of the Council.
dispose includes sell, assign, lease, let, sub-lease, sub-let,
license or mortgage, and also includes agree to dispose and grant consent to
the disposal of.
employment includes work under a contract for services, and
cognate expressions have corresponding meanings.
member means a member of the Council and includes the Chairman
and the Deputy Chairman.
President means President of the Commission.
principal executive, in relation to a Commonwealth agency, has
the same meaning as in Part V of the Privacy Act 1988.
relative, in relation to a person, means a person who is related
to the first-mentioned person by blood, marriage, affinity or adoption and
includes a person who is wholly or mainly dependent on, or is a member of the
household of, the first-mentioned person.
residential accommodation includes accommodation in a
dwelling-house, flat, hotel, motel or boarding-house or on a camping ground.
services includes services consisting of the provision of
facilities by way of banking or insurance or of facilities for grants, loans,
credit or finance.
Torres Strait Islander means a person who is a descendant of an
indigenous inhabitant of the Torres Strait Islands.
vehicle includes a ship, an aircraft and a hovercraft.
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- (2)
- A reference in this Act to an Australian ship or aircraft shall be
construed as a reference to a ship or aircraft registered in Australia or
belonging to or in the possession of the Commonwealth or a State.
- (3)
- For the purposes of this Act, refusing or failing to do an act shall be
deemed to be the doing of an act and a reference to an act includes a reference
to such a refusal or failure.
- (4)
- A reference in this Act to the doing of an act by a person includes a
reference to the doing of an act by a person in association with other persons.
RACIAL DISCRIMINATION ACT 1975 - SECT 4 Extension to external Territories
This Act extends to every external Territory.
RACIAL DISCRIMINATION ACT 1975 - SECT 5 Additional operation of Act
Without prejudice to its effect apart from this section, this Act also has,
by force of this section, the effect it would have if:
- (a)
- there were added at the end of sections 11 and 13 the words "or by reason
that that other person or any relative or associate of that other person is or
has been an immigrant";
- (b)
- there were added at the end of subsections 12(1) and 15(1) the words "or
by reason that that second person or any relative or associate of that second
person is or has been an immigrant";
- (c)
- there were inserted in subsection 14(1), before the words "is invalid, the
words or by reason that that person is or has been an immigrant";
- (d)
- there were added at the end of subsection 14(2) the words "or by reason
that that other person is or has been an immigrant";
- (e)
- there were added at the end of subsection 15(2) the words "or by reason
that the person so seeking employment or any relative or associate of that
person is or has been an immigrant"; and
- (f)
- there were inserted in section 18, after the word "person", the words "or
by reason that a person is or has been an immigrant".
RACIAL DISCRIMINATION ACT 1975 - SECT 6 Act binds the Crown
This Act binds the Crown in right of the Commonwealth, of each of the States,
of the Northern Territory and of Norfolk Island, but nothing in this Act
renders the Crown liable to be prosecuted for an offence.
RACIAL DISCRIMINATION ACT 1975 - SECT 6A Operation of State and Territory laws
- (1)
- This Act is not intended, and shall be deemed never to have been intended,
to exclude or limit the operation of a law of a State or Territory that
furthers the objects of the Convention and is capable of operating concurrently
with this Act.
- (2)
- Where:
- (a)
- a law of a State or Territory that furthers the objects of the Convention
deals with a matter dealt with by this Act; and
- (b)
- a person has, whether before or after the commencement of this section,
made a complaint, instituted a proceeding or taken any other action under that
law in respect of an act or omission in respect of which the person would, but
for this subsection, have been entitled to make a complaint under the Human
Rights and Equal Opportunity Commission Act 1986 alleging that the act or
omission is unlawful under a provision of Part II or IIA of this Act;
the person shall be deemed never to have been, and is not, entitled to make
a complaint or institute a proceeding under the Human Rights and Equal
Opportunity Commission Act 1986 alleging that the act or omission is
unlawful under a provision of Part II or IIA of this Act and any proceedings
pending under this Act at the commencement of this section in respect of such a
complaint made before that commencement are, by force of this subsection,
terminated.
- (3)
- Where:
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- (a)
- a law of a State or Territory that furthers the objects of the Convention
deals with a matter dealt with by this Act; and
- (b)
- an act or omission by a person that constitutes an offence against that
law also constitutes an offence against this Act;
the person may be prosecuted and convicted either under that law of the
State or Territory or under this Act, but nothing in this subsection renders a
person liable to be punished more than once in respect of the same act or
omission.
RACIAL DISCRIMINATION ACT 1975 - SECT 6B Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences against
this Act.
Note: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
RACIAL DISCRIMINATION ACT 1975 - SECT 7 Ratification of Convention
Approval is given to ratification by Australia of the Convention.
RACIAL DISCRIMINATION ACT 1975 Part IIProhibition of racial discrimination
RACIAL DISCRIMINATION ACT 1975 - SECT 8 Exceptions
- (1)
- This Part does not apply to, or in relation to the application of, special
measures to which paragraph 4 of Article 1 of the Convention applies except
measures in relation to which subsection 10(1) applies by virtue of subsection
10(3).
- (2)
- This Part does not apply to:
- (a)
- any provision of a deed, will or other instrument, whether made before or
after the commencement of this Part, that confers charitable benefits, or
enables charitable benefits to be conferred, on persons of a particular race,
colour or national or ethnic origin; or
- (b)
- any act done in order to comply with such a provision.
- (3)
- In this section, charitable benefits means benefits for
purposes that are exclusively charitable according to the law in force in any
State or Territory.
RACIAL DISCRIMINATION ACT 1975 - SECT 9 Racial discrimination to be unlawful
- (1)
- It is unlawful for a person to do any act involving a distinction,
exclusion, restriction or preference based on race, colour, descent or national
or ethnic origin which has the purpose or effect of nullifying or impairing the
recognition, enjoyment or exercise, on an equal footing, of any human right or
fundamental freedom in the political, economic, social, cultural or any other
field of public life.
- (1A)
- Where:
- (a)
- a person requires another person to comply with a term, condition or
requirement which is not reasonable having regard to the circumstances of the
case; and
- (b)
- the other person does not or cannot comply with the term, condition or
requirement; and
- (c)
- the requirement to comply has the purpose or effect of nullifying or
impairing the recognition, enjoyment or exercise, on an equal footing, by
persons of the same race, colour, descent or national or ethnic origin as the
other person, of any human right or fundamental freedom in the political,
economic, social, cultural or any other field of public life;
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the act of requiring such compliance is to be treated, for the purposes of
this Part, as an act involving a distinction based on, or an act done by reason
of, the other person's race, colour, descent or national or ethnic origin.
- (2)
- A reference in this section to a human right or fundamental freedom in the
political, economic, social, cultural or any other field of public life
includes any right of a kind referred to in Article 5 of the Convention.
- (3)
- This section does not apply in respect of the employment, or an
application for the employment, of a person on a ship or aircraft (not being an
Australian ship or aircraft) if that person was engaged, or applied, for that
employment outside Australia.
- (4)
- The succeeding provisions of this Part do not limit the generality of this
section.
RACIAL DISCRIMINATION ACT 1975 - SECT 10 Rights to equality before the law
- (1)
- If, by reason of, or of a provision of, a law of the Commonwealth or of a
State or Territory, persons of a particular race, colour or national or ethnic
origin do not enjoy a right that is enjoyed by persons of another race, colour
or national or ethnic origin, or enjoy a right to a more limited extent than
persons of another race, colour or national or ethnic origin, then,
notwithstanding anything in that law, persons of the first-mentioned race,
colour or national or ethnic origin shall, by force of this section, enjoy that
right to the same extent as persons of that other race, colour or national or
ethnic origin.
- (2)
- A reference in subsection (1) to a right includes a reference to a right
of a kind referred to in Article 5 of the Convention.
- (3)
- Where a law contains a provision that:
- (a)
- authorizes property owned by an Aboriginal or a Torres Strait Islander to
be managed by another person without the consent of the Aboriginal or Torres
Strait Islander; or
- (b)
- prevents or restricts an Aboriginal or a Torres Strait Islander from
terminating the management by another person of property owned by the
Aboriginal or Torres Strait Islander;
not being a provision that applies to persons generally without regard to
their race, colour or national or ethnic origin, that provision shall be deemed
to be a provision in relation to which subsection (1) applies and a reference
in that subsection to a right includes a reference to a right of a person to
manage property owned by the person.
RACIAL DISCRIMINATION ACT 1975 - SECT 11 Access to places and facilities
It is unlawful for a person:
- (a)
- to refuse to allow another person access to or use of any place or vehicle
that members of the public are, or a section of the public is, entitled or
allowed to enter or use, or to refuse to allow another person access to or use
of any such place or vehicle except on less favourable terms or conditions than
those upon or subject to which he or she would otherwise allow access to or use
of that place or vehicle;
- (b)
- to refuse to allow another person use of any facilities in any such place
or vehicle that are available to members of the public or to a section of the
public, or to refuse to allow another person use of any such facilities except
on less favourable terms or conditions than those upon or subject to which he
or she would otherwise allow use of those facilities; or
- (c)
- to require another person to leave or cease to use any such place or
vehicle or any such facilities;
by reason of the race, colour or national or ethnic origin of that other
person or of any relative or associate of that other person.
RACIAL DISCRIMINATION ACT 1975 - SECT 12 Land, housing and other accommodation
- (1)
- It is unlawful for a person, whether as a principal or agent:
- (a)
- to refuse or fail to dispose of any estate or interest in land, or any
residential or business accommodation, to a second person;
- (b)
- to dispose of such an estate or interest or such accommodation to a second
person on less favourable terms and conditions than those which are or would
otherwise be offered;
- (c)
- to treat a second person who is seeking to acquire or has acquired such an
estate or interest or such accommodation less favourably than other persons in
the same circumstances;
- (d)
- to refuse to permit a second person to occupy any land or any residential
or business accommodation; or
- (e)
- to terminate any estate or interest in land of a second person or the
right of a second person to occupy any land or any residential or business
accommodation;
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by reason of the race, colour or national or ethnic origin of that second
person or of any relative or associate of that second person.
- (2)
- It is unlawful for a person, whether as a principal or agent, to impose or
seek to impose on another person any term or condition that limits, by
reference to race, colour or national or ethnic origin, the persons or class of
persons who may be the licensees or invitees of the occupier of any land or
residential or business accommodation.
- (3)
- Nothing in this section renders unlawful an act in relation to
accommodation in a dwelling-house or flat, being accommodation shared or to be
shared, in whole or in part, with the person who did the act or a person on
whose behalf the act was done or with a relative of either of those persons.
RACIAL DISCRIMINATION ACT 1975 - SECT 13 Provision of goods and services
It is unlawful for a person who supplies goods or services to the public or
to any section of the public:
- (a)
- to refuse or fail on demand to supply those goods or services to another
person; or
- (b)
- to refuse or fail on demand to supply those goods or services to another
person except on less favourable terms or conditions than those upon or subject
to which he or she would otherwise supply those goods or services;
by reason of the race, colour or national or ethnic origin of that other
person or of any relative or associate of that other person.
RACIAL DISCRIMINATION ACT 1975 - SECT 14 Right to join trade unions
- (1)
- Any provision of the rules or other document constituting, or governing
the activities of, a trade union that prevents or hinders a person from joining
that trade union by reason of the race, colour or national or ethnic origin of
that person is invalid.
- (2)
- It is unlawful for a person to prevent or hinder another person from
joining a trade union by reason of the race, colour or national or ethnic
origin of that other person.
RACIAL DISCRIMINATION ACT 1975 - SECT 15 Employment
- (1)
- It is unlawful for an employer or a person acting or purporting to act on
behalf of an employer:
- (a)
- to refuse or fail to employ a second person on work of any description
which is available and for which that second person is qualified;
- (b)
- to refuse or fail to offer or afford a second person the same terms of
employment, conditions of work and opportunities for training and promotion as
are made available for other persons having the same qualifications and
employed in the same circumstances on work of the same description; or
- (c)
- to dismiss a second person from his or her employment;
by reason of the race, colour or national or ethnic origin of that second
person or of any relative or associate of that second person.
- (2)
- It is unlawful for a person concerned with procuring employment for other
persons or procuring employees for any employer to treat any person seeking
employment less favourably than other persons in the same circumstances by
reason of the race, colour or national or ethnic origin of the person so
seeking employment or of any relative or associate of that person.
- (3)
- It is unlawful for an organization of employers or employees, or a person
acting or purporting to act on behalf of such an organization, to prevent, or
to seek to prevent, another person from offering for employment or from
continuing in employment by reason of the race, colour or national or ethnic
origin of that other person or of any relative or associate of that other
person.
- (4)
- This section does not apply in respect of the employment, or an
application for the employment, of a person on a ship or aircraft (not being an
Australian ship or aircraft) if that person was engaged, or applied, for that
employment outside Australia.
- (5)
- Nothing in this section renders unlawful an act in relation to employment,
or an application for employment, in a dwelling-house or flat occupied by the
person who did the act or a person on whose behalf the act was done or by a
relative of either of those persons.
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RACIAL DISCRIMINATION ACT 1975 - SECT 16 Advertisements
It is unlawful for a person to publish or display, or cause or permit to be
published or displayed, an advertisement or notice that indicates, or could
reasonably be understood as indicating, an intention to do an act that is
unlawful by reason of a provision of this Part or an act that would, but for
subsection 12(3) or 15(5), be unlawful by reason of section 12 or 15, as the
case may be.
RACIAL DISCRIMINATION ACT 1975 - SECT 17 Unlawful to incite doing of unlawful acts
It is unlawful for a person:
- (a)
- to incite the doing of an act that is unlawful by reason of a provision of
this Part; or
- (b)
- to assist or promote whether by financial assistance or otherwise the
doing of such an act.
RACIAL DISCRIMINATION ACT 1975 - SECT 18 Acts done for 2 or more reasons
Where:
- (a)
- an act is done for 2 or more reasons; and
- (b)
- one of the reasons is the race, colour, descent or national or ethnic
origin of a person (whether or not it is the dominant reason or a substantial
reason for doing the act);
then, for the purposes of this Part, the act is taken to be done for that
reason.
RACIAL DISCRIMINATION ACT 1975 - SECT 18A Vicarious liability
- (1)
- Subject to subsection (2), if:
- (a)
- an employee or agent of a person does an act in connection with his or her
duties as an employee or agent; and
- (b)
- the act would be unlawful under this Part if it were done by that person;
this Act applies in relation to that person as if that person had also done
the act.
- (2)
- Subsection (1) does not apply to an act done by an employee or agent of a
person if it is established that the person took all reasonable steps to
prevent the employee or agent from doing the act.
RACIAL DISCRIMINATION ACT 1975 Part IIAProhibition of offensive behaviour based on racial
hatred
RACIAL DISCRIMINATION ACT 1975 - SECT 18B Reason for doing an act
If:
- (a)
- an act is done for 2 or more reasons; and
- (b)
- one of the reasons is the race, colour or national or ethnic origin of a
person (whether or not it is the dominant reason or a substantial reason for
doing the act);
then, for the purposes of this Part, the act is taken to be done because of
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the person's race, colour or national or ethnic origin.
RACIAL DISCRIMINATION ACT 1975 - SECT 18C Offensive behaviour because of race, colour or national or ethnic origin
- (1)
- It is unlawful for a person to do an act, otherwise than in private, if:
- (a)
- the act is reasonably likely, in all the circumstances, to offend, insult,
humiliate or intimidate another person or a group of people; and
- (b)
- the act is done because of the race, colour or national or ethnic origin
of the other person or of some or all of the people in the group.
Note: Subsection (1) makes certain acts unlawful. Section 46P of
the Human Rights and Equal Opportunity Commission Act 1986 allows people
to make complaints to the Human Rights and Equal Opportunity Commission about
unlawful acts. However, an unlawful act is not necessarily a criminal offence.
Section 26 says that this Act does not make it an offence to do an act that is
unlawful because of this Part, unless Part IV expressly says that the act is an
offence.
- (2)
- For the purposes of subsection (1), an act is taken not to be done in
private if it:
- (a)
- causes words, sounds, images or writing to be communicated to the public;
or
- (b)
- is done in a public place; or
- (c)
- is done in the sight or hearing of people who are in a public place.
- (3)
- In this section:
public place includes any place to which the public have access
as of right or by invitation, whether express or implied and whether or not a
charge is made for admission to the place.
RACIAL DISCRIMINATION ACT 1975 - SECT 18D Exemptions
Section 18C does not render unlawful anything said or done reasonably and in
good faith:
- (a)
- in the performance, exhibition or distribution of an artistic work; or
- (b)
- in the course of any statement, publication, discussion or debate made or
held for any genuine academic, artistic or scientific purpose or any other
genuine purpose in the public interest; or
- (c)
- in making or publishing:
- (i)
- a fair and accurate report of any event or matter of public interest; or
- (ii)
- a fair comment on any event or matter of public interest if the comment
is an expression of a genuine belief held by the person making the comment.
RACIAL DISCRIMINATION ACT 1975 - SECT 18E Vicarious liability
- (1)
- Subject to subsection (2), if:
- (a)
- an employee or agent of a person does an act in connection with his or her
duties as an employee or agent; and
- (b)
- the act would be unlawful under this Part if it were done by the person;
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this Act applies in relation to the person as if the person had also done
the act.
- (2)
- Subsection (1) does not apply to an act done by an employee or agent of a
person if it is established that the person took all reasonable steps to
prevent the employee or agent from doing the act.
RACIAL DISCRIMINATION ACT 1975 - SECT 18F State and Territory laws not affected
This Part is not intended to exclude or limit the concurrent operation of any
law of a State or Territory.
RACIAL DISCRIMINATION ACT 1975 Part IIIRace Discrimination Commissioner and functions of Commission
RACIAL DISCRIMINATION ACT 1975 Division 1Preliminary
RACIAL DISCRIMINATION ACT 1975 - SECT 19 Race Discrimination Commissioner
For the purposes of this Act there shall be a Race Discrimination Commissioner.
RACIAL DISCRIMINATION ACT 1975 - SECT 20 Functions of Commission
- (1)
- The following functions are hereby conferred on the Commission:
- (b)
- to promote an understanding and acceptance of, and compliance with, this
Act;
- (c)
- to develop, conduct and foster research and educational programs and other
programs for the purpose of:
- (i)
- combating racial discrimination and prejudices that lead to racial
discrimination;
- (ii)
- promoting understanding, tolerance and friendship among racial and ethnic
groups; and
- (iii)
- propagating the purposes and principles of the Convention;
- (d)
- to prepare, and to publish in such manner as the Commission considers
appropriate, guidelines for the avoidance of infringements of Part II or Part
IIA;
- (e)
- where the Commission considers it appropriate to do so, with the leave of
the court hearing the proceedings and subject to any conditions imposed by the
court, to intervene in proceedings that involve racial discrimination issues;
- (f)
- to inquire into, and make determinations on, matters referred to it by the
Minister or the Commissioner.
Note: For the provisions about inquiries into complaints of
discrimination and conciliation of those complaints: see Part IIB of the
Human Rights and Equal Opportunity Commission Act 1986.
RACIAL DISCRIMINATION ACT 1975 Part IVOffences
RACIAL DISCRIMINATION ACT 1975 - SECT 26 Unlawful acts not offences unless expressly so provided
Except as expressly provided by this Part, nothing in this Act makes it an
offence to do an act or agree with another person to do an act that is unlawful
by reason of a provision of Part II or Part IIA.
RACIAL DISCRIMINATION ACT 1975 - SECT 27 Offences relating to administration of Act
- (1)
- A person shall not hinder, obstruct, molest or interfere with a person
exercising or performing any of the powers or functions referred to in this Act.
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Penalty for an offence against subsection (1):
- (a)
- in the case of a natural person$1,000; or
- (b)
- in the case of a body corporate$5,000.
- (1A)
- For the purposes of an offence against subsection (1), strict
liability applies to the physical element of circumstance, that a person is
exercising or performing any of the powers or functions referred to in this Act.
Note: For strict liability, see section 6.1 of
the Criminal Code.
- (2)
- A person shall not:
- (a)
- refuse to employ another person;
- (b)
- dismiss, or threaten to dismiss, another person from the other person's
employment;
- (c)
- prejudice, or threaten to prejudice, another person in the other person's
employment; or
- (d)
- intimidate or coerce, or impose any pecuniary or other penalty upon,
another person;
by reason that the other person:
- (e)
- has made, or proposes to make, a complaint under this Act or the Human
Rights and Equal Opportunity Commission Act 1986;
- (f)
- has furnished, or proposes to furnish, any information or documents to a
person exercising or performing any powers or functions under this Act or the
Human Rights and Equal Opportunity Commission Act 1986; or
- (g)
- has attended, or proposes to attend, a conference held under this Act or
the Human Rights and Equal Opportunity Commission Act 1986.
Penalty for an offence against subsection (2):
- (a)
- in the case of a natural person$2,500 or imprisonment for 3 months, or
both; or
- (b)
- in the case of a body corporate$10,000.
RACIAL DISCRIMINATION ACT 1975 - SECT 27F Non-disclosure of private information
- (1)
- A person who is, or has at any time been, the Commissioner, a member of
the Commission or a member of the staff assisting the Commission or is, or has
at any time been, authorised to perform or exercise any function or power of
the Commission or the Commissioner or any function or power on behalf of the
Commission or the Commissioner, being a function or power conferred on the
Commission or on the Commissioner under this Act, shall not, either directly or
indirectly:
- (a)
- make a record of, or divulge or communicate to any person, any information
relating to the affairs of another person acquired by the first-mentioned
person by reason of that person's office or employment under or for the purpose
of this Act or by reason of that person being or having been so authorised;
- (b)
- make use of any such information as is mentioned in paragraph (a); or
- (c)
- produce to any person a document relating to the affairs of another person
furnished for the purposes of this Act.
Penalty: $5,000 or imprisonment for 1 year, or both.
- (2)
- A person who is, or has at any time been, the Commissioner, a member of
the Commission or a member of the staff assisting the Commission or is, or has
at any time been, authorised to perform or exercise any function or power of
the Commission or the Commissioner or any function or power on behalf of the
Commission or the Commissioner, being a function or power conferred on the
Commission or on the Commissioner under this Act, shall not be required:
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- (a)
- to divulge or communicate to a court any information relating to the
affairs of another person acquired by the first-mentioned person by reason of
that person's office or employment under or for the purposes of this Act or by
reason of that person being or having been so authorised; or
- (b)
- to produce in a court a document relating to the affairs of another person
of which the first-mentioned person has custody, or to which that person has
access, by reason of that person's office or employment under or for the
purposes of this Act or by reason of that person being or having been so
authorised;
except where it is necessary to do so for the purposes of this Act.
- (3)
- Nothing in this section prohibits a person from:
- (a)
- making a record of information that is, or is included in a class of
information that is, required or permitted by an Act to be recorded, if the
record is made for the purposes of or pursuant to that Act;
- (b)
- divulging or communicating information, or producing a document, to any
person in accordance with an arrangement in force under section 16 of the
Human Rights and Equal Opportunity Commission Act 1986; or
- (c)
- divulging or communicating information, or producing a document, that is,
or is included in a class of information that is or class of documents that
are, required or permitted by an Act to be divulged, communicated or produced,
as the case may be, if the information is divulged or communicated, or the
document is produced, for the purposes of or pursuant to that Act.
Note: A defendant bears an evidential burden in relation to a
matter in subsection (3) (see subsection 13.3(3) of the Criminal
Code).
- (3A)
- Subsection (1) does not prevent a person from making a record of,
divulging, communicating or making use of information, or producing a document,
if the person does so:
- (a)
- in the performance of a duty under or in connection with this Act; or
- (b)
- in the performance or exercise of a function or power conferred on the
Commission or on the Commissioner under this Act.
Note: A defendant bears an evidential burden in relation to the
matter in subsection (3A) (see subsection 13.3(3) of the Criminal
Code).
- (4)
- Nothing in subsection (2) prevents a person from being required, for the
purposes of or pursuant to an Act, to divulge or communicate information, or to
produce a document, that is, or is included in a class of information that is
or class of documents that are, required or permitted by that Act to be
divulged, communicated or produced.
- (5)
- In this section:
court includes any tribunal, authority or person having power to
require the production of documents or the answering of questions.
produce includes permit access to.
RACIAL DISCRIMINATION ACT 1975 Part VCommunity Relations Council
RACIAL DISCRIMINATION ACT 1975 - SECT 28 Establishment and functions of Council
- (1)
- For the purposes of this Act there is established a Community Relations
Council.
- (2)
- It is the function of the Council to advise, and make recommendations to,
the Minister and the Commission, either of its own motion or upon request made
to it by the Minister or the Commission, as the case may be, concerning:
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- (a)
- the observance and implementation of the Convention;
- (b)
- the promotion of educational programs with respect to the observance of
the Convention;
- (c)
- the promotion of studies and research programs with respect to the
observance and implementation of the Convention;
- (d)
- the publication and dissemination of material to assist in the observance
and implementation of the Convention;
- (e)
- the promotion of understanding, tolerance and friendship among racial and
ethnic groups; and
- (f)
- any other matter related to the observance or implementation of the
Convention.
RACIAL DISCRIMINATION ACT 1975 Part VIAdministrative provisions
RACIAL DISCRIMINATION ACT 1975 Division 1Race Discrimination Commissioner
RACIAL DISCRIMINATION ACT 1975 - SECT 29 Appointment of Race Discrimination Commissioner
- (1)
- The Race Discrimination Commissioner shall be appointed by the
Governor-General.
- (2)
- A person is not qualified to be appointed as the Race Discrimination
Commissioner unless the Governor-General is satisfied that the person has
appropriate qualifications, knowledge or experience.
RACIAL DISCRIMINATION ACT 1975 - SECT 30 Terms and conditions of appointment
- (1)
- Subject to this section, the Commissioner holds office for such period,
not exceeding 7 years, as is specified in the instrument of his or her
appointment, but is eligible for re-appointment.
- (3)
- The Commissioner holds office on such terms and conditions (if any) in
respect of matters not provided for by this Act as are determined by the
Governor-General.
RACIAL DISCRIMINATION ACT 1975 - SECT 31 Remuneration of Commissioner
- (1)
- The Commissioner shall be paid such remuneration as is determined by the
Remuneration Tribunal, but, if no determination of that remuneration by the
Tribunal is in operation, the Commissioner shall be paid such remuneration as
is prescribed.
- (2)
- The Commissioner shall be paid such allowances as are prescribed.
- (3)
- This section has effect subject to the Remuneration Tribunal Act
1973.
RACIAL DISCRIMINATION ACT 1975 - SECT 32 Leave of absence
- (1)
- The Commissioner has such recreation leave entitlements as are determined
by the Remuneration Tribunal.
- (2)
- The Minister may grant the Commissioner leave of absence, other than
recreation leave, on such terms and conditions as to remuneration or otherwise
as the Minister determines.
RACIAL DISCRIMINATION ACT 1975 - SECT 33 Resignation
The Commissioner may resign from the office of Commissioner by writing signed
by the Commissioner and delivered to the Governor-General.
RACIAL DISCRIMINATION ACT 1975 - SECT 34 Termination of appointment
- (1)
- The Governor-General may terminate the appointment of the Commissioner by
reason of misbehaviour or of physical or mental incapacity.
- (2)
- The Governor-General shall terminate the appointment of the Commissioner
if the Commissioner:
- (a)
- is absent from duty, except on leave of absence, for 14 consecutive days
or for 28 days in any period of 12 months; or
- (b)
- becomes bankrupt, applies to take the benefit of any law for the relief of
bankrupt or insolvent debtors, compounds with creditors or makes an assignment
of remuneration for their benefit.
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RACIAL DISCRIMINATION ACT 1975 - SECT 35 Outside employment
The Commissioner shall not, except with the approval of the Minister, engage
in paid employment outside the duties of the office of Commissioner.
RACIAL DISCRIMINATION ACT 1975 - SECT 36 Acting Commissioner
- (1)
- The Minister may appoint a person to act in the office of Commissioner
during any period, or during all periods, when the Commissioner is absent from
duty or from Australia or during a vacancy in that office.
- (4)
- Sections 32, 33 and 35 apply in relation to a person appointed to act in
the office of Commissioner in like manner as they apply in relation to the
Commissioner.
- (6)
- The validity of anything done by a person appointed to act in the office
of Commissioner shall not be called in question on the ground that the occasion
for the person's appointment had not arisen or that the appointment had ceased
to have effect.
RACIAL DISCRIMINATION ACT 1975 - SECT 40 Delegation
- (1)
- The Commission may, by writing under its seal, delegate to a member of its
staff, or to another person, all or any of the powers conferred on the
Commission under this Act.
- (2)
- The Commissioner may, by writing signed by the Commissioner, delegate to a
member of the staff of the Commission approved by the Commission, or to another
person approved by the Commission, all or any of the powers exercisable by the
Commissioner under this Act.
RACIAL DISCRIMINATION ACT 1975 Division 2Community Relations Council
RACIAL DISCRIMINATION ACT 1975 - SECT 41 Constitution of Council
- (1)
- The Council shall consist of such members (not being less than 10 or
more than 20 in number) as the Minister appoints.
- (2)
- One of the members shall be designated in the instrument of the member's
appointment as the Chairman of the Council and another of the members shall be
designated in the instrument of the member's appointment as the Deputy Chairman
of the Council.
- (3)
- The performance of the functions or the exercise of the powers of the
Council is not affected by the number of members falling below 10 for a period
not exceeding 3 months.
RACIAL DISCRIMINATION ACT 1975 - SECT 42 Remuneration of members
- (1)
- Members shall be paid such remuneration as is determined by the
Remuneration Tribunal, but, if no determination of that remuneration by the
Tribunal is in operation, they shall be paid such remuneration as is
prescribed.
- (2)
- Members shall be paid such allowances as are prescribed.
- (3)
- This section has effect subject to the Remuneration Tribunal Act
1973.
RACIAL DISCRIMINATION ACT 1975 - SECT 43 Meetings of Council
- (1)
- The Chairman, or, if the Chairman is unavailable, the Deputy Chairman, may
convene meetings of the Council.
- (2)
- At a meeting of the Council, 6 members constitute a quorum.
- (3)
- The Chairman shall preside at all meetings of the Council at which the
Chairman is present.
- (4)
- If the Chairman is not present at a meeting of the Council but the Deputy
Chairman is present, the Deputy Chairman shall preside at the meeting.
- (5)
- If the Chairman and the Deputy Chairman are not present at a meeting of
the Council, the members present shall appoint one of their number to preside
at the meeting.
- (6)
- Questions arising at a meeting of the Council shall be decided by a
majority of the votes of the members present and voting.
- (7)
- The member presiding at a meeting of the Council has a deliberative vote
and, in the event of an equality of votes, also has a casting vote.
- (8)
- The Council shall cause records to be kept of its meetings.
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RACIAL DISCRIMINATION ACT 1975 Part VIIMiscellaneous
RACIAL DISCRIMINATION ACT 1975 - SECT 44 Jurisdiction
- (1)
- The several courts of the States are invested with federal jurisdiction,
and jurisdiction is conferred on the several courts of the Territories, within
the limits of their several jurisdictions, whether those limits are as to
locality, subject-matter or otherwise, to hear and determine civil and criminal
proceedings instituted in those courts under this Act.
- (2)
- No proceedings under this Act shall be instituted in a court of a State or
Territory before a day to be fixed by Proclamation as the day on which:
- (a)
- that court shall commence to exercise its jurisdiction under subsection
(1); or
- (b)
- a class of courts of that State or Territory in which that court is
included shall commence to exercise their jurisdiction under that subsection;
but nothing in this subsection prevents a court from exercising jurisdiction
in a matter arising under this Act in a proceeding instituted in that court
otherwise than under this Act.
RACIAL DISCRIMINATION ACT 1975 - SECT 45 Protection from civil actions
- (1)
- The Commission, a member of the Commission, the Commissioner or a person
acting under the direction or authority of the Commission or of the
Commissioner or under a delegation under section 40 is not liable to an action
or other proceeding for damages for or in relation to an act done or omitted to
be done in good faith in the performance or purported performance of any
function, or in the exercise or purported exercise of any power or authority,
conferred on the Commission or the Commissioner.
- (2)
- If a submission has been made, a document or information has been given,
or evidence has been given, to the Commission or the Commissioner,
a person is not liable to an action, suit or other proceeding in respect of
loss, damage or injury of any kind suffered by another person merely because
submission was made, the document or information was furnished or the evidence
was given.
RACIAL DISCRIMINATION ACT 1975 - SECT 45A Commissioner to furnish information
The Commissioner shall furnish to the Commission such information relating to
the Commissioner's operations under this Act as the Commission from time to
time requires.
RACIAL DISCRIMINATION ACT 1975 - SECT 47 Regulations
The Governor-General may make regulations, not inconsistent with this Act,
prescribing all matters required or permitted by this Act to be prescribed, or
necessary or convenient to be prescribed for carrying out or giving effect to
this Act and, in particular, prescribing the manner in which a member may
resign from office and prescribing fees and allowances payable to members of
conciliation committees.
RACIAL DISCRIMINATION ACT 1975 ScheduleInternational Convention on the elimination of all forms of racial discrimination
Section 3(1)
The States Parties to this Convention,
Considering that the Charter of the United Nations is based on the
principles of the dignity and equality inherent in all human beings, and that
all Member States have pledged themselves to take joint and separate action, in
co-operation with the Organization, for the achievement of one of the purposes
of the United Nations which is to promote and encourage universal respect for
and observance of human rights and fundamental freedoms for all, without
distinction as to race, sex, language or religion,
Considering that the Universal Declaration of Human Rights proclaims
that all human beings are born free and equal in dignity and rights and that
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everyone is entitled to all the rights and freedoms set out therein, without
distinction of any kind, in particular as to race, colour or national
origin,
Considering that all human beings are equal before the law and are
entitled to equal protection of the law against any discrimination and against
any incitement to discrimination,
Considering that the United Nations has condemned colonialism and all
practices of segregation and discrimination associated therewith, in whatever
form and wherever they exist, and that the Declaration on the Granting of
Independence to Colonial Countries and Peoples of 14 December 1960 (General
Assembly resolution 1514 (XV)) has affirmed and solemnly proclaimed the
necessity of bringing them to a speedy and unconditional end,
Considering that the United Nations Declaration on the Elimination of
All Forms of Racial Discrimination of 20 November 1963 (General Assembly
resolution 1904 (XVIII)) solemnly affirms the necessity of speedily eliminating
racial discrimination throughout the world in all its forms and manifestations
and of securing understanding of and respect for the dignity of the human
person,
Convinced that any doctrine of superiority based on racial
differentiation is scientifically false, morally condemnable, socially unjust
and dangerous, and that there is no justification for racial discrimination, in
theory or in practice, anywhere,
Reaffirming that discrimination between human beings on the grounds of
race, colour or ethnic origin is an obstacle to friendly and peaceful relations
among nations and is capable of disturbing peace and security among peoples and
the harmony of persons living side by side even within one and the same
State,
Convinced that the existence of racial barriers is repugnant to the
ideals of any human society,
Alarmed by manifestations of racial discrimination still in evidence in
some areas of the world and by governmental policies based on racial
superiority or hatred, such as policies of apartheid, segregation or
separation,
Resolved to adopt all necessary measures for speedily eliminating racial
discrimination in all its forms and manifestations, and to prevent and combat
racist doctrines and practices in order to promote understanding between races
and to build an international community free from all forms of racial
segregation and racial discrimination,
Bearing in mind the Convention concerning Discrimination in respect of
Employment and Occupation adopted by the International Labour Organisation in
1958, and the Convention against Discrimination in Education adopted by the
United Nations Educational, Scientific and Cultural Organization in 1960,
Desiring to implement the principles embodied in the United Nations
Declaration on the Elimination of All Forms of Racial Discrimination and to
secure the earliest adoption of practical measures to that end,
Have agreed as follows:
PART I
Article 1
1. In this Convention, the term "racial discrimination" shall mean any
distinction, exclusion, restriction or preference based on race, colour,
descent, or national or ethnic origin which has the purpose or effect of
nullifying or impairing the recognition, enjoyment or exercise, on an equal
footing, of human rights and fundamental freedoms in the political, economic,
social, cultural or any other field of public life.
2. This Convention shall not apply to distinctions, exclusions, restrictions or
preferences made by a State Party to this Convention between citizens and
non-citizens.
3. Nothing in this Convention may be interpreted as affecting in any way the
legal provisions of States Parties concerning nationality, citizenship or
naturalization, provided that such provisions do not discriminate against any
particular nationality.
4. Special measures taken for the sole purpose of securing adequate advancement
of certain racial or ethnic groups or individuals requiring such protection as
may be necessary in order to ensure such groups or individuals equal enjoyment
or exercise of human rights and fundamental freedoms shall not be deemed racial
discrimination, provided, however, that such measures do not, as a consequence,
lead to the maintenance of separate rights for different racial groups and that
they shall not be continued after the objectives for which they were taken have
been achieved.
Article 2
1. States Parties condemn racial discrimination and undertake to pursue by all
appropriate means and without delay a policy of eliminating racial
discrimination in all its forms and promoting understanding among all races,
and, to this end:
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- (a)
- Each State Party undertakes to engage in no act or practice of racial
discrimination against persons, groups of persons or institutions and to ensure
that all public authorities and public institutions, national and local, shall
act in conformity with this obligation;
- (b)
- Each State Party undertakes not to sponsor, defend or support racial
discrimination by any persons or organizations;
- (c)
- Each State Party shall take effective measures to review governmental,
national and local policies, and to amend, rescind or nullify any laws and
regulations which have the effect of creating or perpetuating racial
discrimination wherever it exists;
- (d)
- Each State Party shall prohibit and bring to an end, by all appropriate
means, including legislation as required by circumstances, racial
discrimination by any persons, group or organization;
- (e)
- Each State Party undertakes to encourage, where appropriate, integrationist
multi-racial organizations and movements and other means of eliminating
barriers between races, and to discourage anything which tends to strengthen
racial division.
2. States Parties shall, when the circumstances so warrant, take, in the
social, economic, cultural and other fields, special and concrete measures to
ensure the adequate development and protection of certain racial groups or
individuals belonging to them, for the purpose of guaranteeing them the full
and equal enjoyment of human rights and fundamental freedoms. These measures
shall in no case entail as a consequence the maintenance of unequal or separate
rights for different racial groups after the objectives for which they were
taken have been achieved.
Article 3
States Parties particularly condemn racial segregation and apartheid and
undertake to prevent, prohibit and eradicate all practices of this nature in
territories under their jurisdiction.
Article 4
States Parties condemn all propaganda and all organizations which are based on
ideas or theories of superiority of one race or group of persons of one colour
or ethnic origin, or which attempt to justify or promote racial hatred and
discrimination in any form, and undertake to adopt immediate and positive
measures designed to eradicate all incitement to, or acts of, such
discrimination and, to this end, with due regard to the principles embodied in
the Universal Declaration of Human Rights and the rights expressly set forth in
article 5 of this Convention, inter alia:
- (a)
- Shall declare an offence punishable by law all dissemination of ideas based
on racial superiority or hatred, incitement to racial discrimination, as well
as all acts of violence or incitement to such acts against any race or group of
persons of another colour or ethnic origin, and also the provision of any
assistance to racist activities, including the financing thereof;
- (b)
- Shall declare illegal and prohibit organizations, and also organized and
all other propaganda activities, which promote and incite racial
discrimination, and shall recognize participation in such organizations or
activities as an offence punishable by law;
- (c)
- Shall not permit public authorities or public institutions, national or
local, to promote or incite racial discrimination.
Article 5
In compliance with the fundamental obligations laid down in article 2 of this
Convention, States Parties undertake to prohibit and to eliminate racial
discrimination in all its forms and to guarantee the right of everyone, without
distinction as to race, colour, or national or ethnic origin, to equality
before the law, notably in the enjoyment of the following rights:
- (a)
- The right to equal treatment before the tribunals and all other organs
administering justice;
- (b)
- The right to security of person and protection by the State against
violence or bodily harm, whether inflicted by government officials or by any
individual, group or institution;
- (c)
- Political rights, in particular the rights to participate in electionsto
vote and to stand for electionon the basis of universal and equal suffrage,
to take part in the Government as well as in the conduct of public affairs at
any level and to have equal access to public service;
- (d)
- Other civil rights, in particular:
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- (i)
- The right to freedom of movement and residence within the border of the
State;
- (ii)
- The right to leave any country, including one's own, and to return to
one's country;
- (iii)
- The right to nationality;
- (iv)
- The right to marriage and choice of spouse;
- (v)
- The right to own property alone as well as in association with others;
- (vi)
- The right to inherit;
- (vii)
- The right to freedom of thought, conscience and religion;
- (viii)
- The right to freedom of opinion and expression;
- (ix)
- The right to freedom of peaceful assembly and association;
- (e)
- Economic, social and cultural rights, in particular:
- (i)
- The rights to work, to free choice of employment, to just and favourable
conditions of work, to protection against unemployment, to equal pay for equal
work, to just and favourable remuneration;
- (ii)
- The right to form and join trade unions;
- (iii)
- The right to housing;
- (iv)
- The right to public health, medical care, social security and social
services;
- (v)
- The right to education and training;
- (vi)
- The right to equal participation in cultural activities;
- (f)
- The right of access to any place or service intended for use by the general
public such as transport, hotels, restaurants, cafes, theatres and parks.
Article 6
States Parties shall assure to everyone within their jurisdiction effective
protection and remedies, through the competent national tribunals and other
State institutions, against any acts of racial discrimination which violate his
human rights and fundamental freedoms contrary to this Convention, as well as
the right to seek from such tribunals just and adequate reparation or
satisfaction for any damage suffered as a result of such discrimination.
Article 7
States Parties undertake to adopt immediate and effective measures,
particularly in the fields of teaching, education, culture and information,
with a view to combating prejudices which lead to racial discrimination and to
promoting understanding, tolerance and friendship among nations and racial or
ethnic groups, as well as to propagating the purposes and principles of the
Charter of the United Nations, the Universal Declaration of Human Rights, the
United Nations Declaration on the Elimination of All Forms of Racial
Discrimination, and this Convention.
PART II
Article 8
1. There shall be established a Committee on the Elimination of Racial
Discrimination (hereinafter referred to as the Committee) consisting of
eighteen experts of high moral standing and acknowledged impartiality elected
by States Parties from amongst their nationals who shall serve in their
personal capacity, consideration being given to equitable geographical
distribution and to the representation of the different forms of civilization
as well as of the principal legal systems.
2. The members of the Committee shall be elected by secret ballot from a list
of persons nominated by the States Parties. Each State Party may nominate one
person from among its own nationals.
3. The initial election shall be held six months after the date of the entry
into force of this Convention. At least three months before the date of each
election the Secretary-General of the United Nations shall address a letter to
the States Parties inviting them to submit their nominations within two months.
The Secretary-General shall prepare a list in alphabetical order of all persons
thus nominated, indicating the States Parties which have nominated them, and
shall submit it to the States Parties.
4. Elections of the members of the Committee shall be held at a meeting of
States Parties convened by the Secretary-General at United Nations
Headquarters. At that meeting, for which two-thirds of the States Parties shall
constitute a quorum, the persons elected to the Committee shall be those
nominees who obtain the largest number of votes and an absolute majority of the
votes of the representatives of States Parties present and voting.
5. (a) The members of the Committee shall be elected for a term of four years.
However, the terms of nine of the members elected at the first election shall
expire at the end of two years; immediately after the first election the names
of these nine members shall be chosen by lot by the Chairman of the Committee.
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- (b)
- For the filling of casual vacancies, the State Party whose expert has
ceased to function as a member of the Committee shall appoint another expert
from among its nationals, subject to the approval of the Committee.
6. States Parties shall be responsible for the expenses of the members of the
Committee while they are in performance of Committee duties.
Article 9
1. States Parties undertake to submit to the Secretary-General of the United
Nations, for consideration by the Committee, a report on the legislative,
judicial, administrative or other measures which they have adopted and which
give effect to the provisions of this Convention:
- (a)
- within one year after the entry into force of the Convention for the State
concerned; and
- (b)
- thereafter every two years and whenever the Committee so requests. The
Committee may request further information from the States Parties.
2. The Committee shall report annually, through the Secretary-General, to the
General Assembly of the United Nations on its activities and may make
suggestions and general recommendations based on the examination of the reports
and information received from the States Parties. Such suggestions and general
recommendations shall be reported to the General Assembly together with
comments, if any, from States Parties.
Article 10
1. The Committee shall adopt its own rules of procedure.
2. The Committee shall elect its officers for a term of two years.
3. The secretariat of the Committee shall be provided by the Secretary-General
of the United Nations.
4. The meetings of the Committee shall normally be held at United Nations
Headquarters.
Article 11
1. If a State Party considers that another State Party is not giving effect to
the provisions of this Convention, it may bring the matter to the attention of
the Committee. The Committee shall then transmit the communication to the State
Party concerned. Within three months, the receiving State shall submit to the
Committee written explanations or statements clarifying the matter and the
remedy, if any, that may have been taken by that State.
2. If the matter is not adjusted to the satisfaction of both parties, either by
bilateral negotiations or by any other procedure open to them, within six
months after the receipt by the receiving State of the initial communication,
either State shall have the right to refer the matter again to the Committee by
notifying the Committee and also the other State.
3. The Committee shall deal with a matter referred to it in accordance with
paragraph 2 of this article after it has ascertained that all available
domestic remedies have been invoked and exhausted in the case, in conformity
with the generally recognized principles of international law. This shall not
be the rule where the application of the remedies is unreasonably prolonged.
4. In any matter referred to it, the Committee may call upon the States Parties
concerned to supply any other relevant information.
5. When any matter arising out of this article is being considered by the
Committee, the States Parties concerned shall be entitled to send a
representative to take part in the proceedings of the Committee, without voting
rights, while the matter is under consideration.
Article 12
1. (a) After the Committee has obtained and collated all the information it
deems necessary, the Chairman shall appoint an ad hoc Conciliation
Commission (hereafter referred to as the Commission) comprising five persons
who may or may not be members of the Committee. The members of the Commission
shall be appointed with the unanimous consent of the parties to the dispute,
and its good offices shall be made available to the States concerned with a
view to an amicable solution of the matter on the basis of respect for this
Convention.
- (b)
- If the States parties to the dispute fail to reach agreement within three
months on all or part of the composition of the Commission, the members of the
Commission not agreed upon by the States parties to the dispute shall be
elected by secret ballot by a two-thirds majority vote of the Committee from
among its own members.
2. The members of the Commission shall serve in their personal capacity. They
shall not be nationals of the States parties to the dispute or of a State not
Party to this Convention.
3. The Commission shall elect its own Chairman and adopt its own rules of
procedure.
4. The meetings of the Commission shall normally be held at United Nations
Headquarters or at any other convenient place as determined by the
Commission.
5. The secretariat provided in accordance with article 10, paragraph 3, of this
Convention shall also service the Commission whenever a dispute among States
Parties brings the Commission into being.
6. The States Parties to the dispute shall share equally all the expenses of
the members of the Commission in accordance with estimates to be provided by
the Secretary-General of the United Nations.
7. The Secretary-General shall be empowered to pay the expenses of the members
of the Commission, if necessary, before reimbursement by the States parties to
the dispute in accordance with paragraph 6 of this article.
8. The information obtained and collated by the Committee shall be made
available to the Commission, and the Commission may call upon the States
concerned to supply any other relevant information.
Article 13
1. When the Commission has fully considered the matter, it shall prepare and
submit to the Chairman of the Committee a report embodying its findings on all
questions of fact relevant to the issue between the parties and containing such
recommendations as it may think proper for the amicable solution of the
dispute.
2. The Chairman of the Committee shall communicate the report of the Commission
to each of the States parties to the dispute. These States shall, within three
months, inform the Chairman of the Committee whether or not they accept the
recommendations contained in the report of the Commission.
3. After the period provided for in paragraph 2 of this article, the Chairman
of the Committee shall communicate the report of the Commission and the
declarations of the States Parties concerned to the other States Parties to
this Convention.
Article 14
1. A State Party may at any time declare that it recognizes the competence of
the Committee to receive and consider communications from individuals or groups
of individuals within its jurisdiction claiming to be victims of a violation by
that State Party of any of the rights set forth in this Convention. No
communication shall be received by the Committee if it concerns a State Party
which has not made such a declaration.
2. Any State Party which makes a declaration as provided for in paragraph 1 of
this article may establish or indicate a body within its national legal order
which shall be competent to receive and consider petitions from individuals and
groups of individuals within its jurisdiction who claim to be victims of a
violation of any of the rights set forth in this Convention and who have
exhausted other available local remedies.
3. A declaration made in accordance with paragraph 1 of this article and the
name of any body established or indicated in accordance with paragraph 2 of
this article shall be deposited by the State Party concerned with the
Secretary-General of the United Nations, who shall transmit copies thereof to
the other States Parties. A declaration may be withdrawn at any time by
notification to the Secretary-General, but such a withdrawal shall not affect
communications pending before the Committee.
4. A register of petitions shall be kept by the body established or indicated
in accordance with paragraph 2 of this article, and certified copies of the
register shall be filed annually through appropriate channels with the
Secretary-General on the understanding that the contents shall not be publicly
disclosed.
5. In the event of failure to obtain satisfaction from the body established or
indicated in accordance with paragraph 2 of this article, the petitioner shall
have the right to communicate the matter to the Committee within six months.
6. (a) The Committee shall confidentially bring any communication referred to
it to the attention of the State Party alleged to be violating any provision of
this Convention, but the identity of the individual or groups of individuals
concerned shall not be revealed without his or their express consent. The
Committee shall not receive anonymous communications.
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- (b)
- Within three months, the receiving State shall submit to the Committee
written explanations or statements clarifying the matter and the remedy, if
any, that may have been taken by that State.
7. (a) The Committee shall consider communications in the light of all
information made available to it by the State Party concerned and by the
petitioner. The Committee shall not consider any communication from a
petitioner unless it has ascertained that the petitioner has exhausted all
available domestic remedies. However, this shall not be the rule where the
application of the remedies is unreasonably prolonged.
- (b)
- The Committee shall forward its suggestions and recommendations, if any,
to the State Party concerned and to the petitioner.
8. The Committee shall include in its annual report a summary of such
communications and, where appropriate, a summary of the explanations and
statements of the States Parties concerned and of its own suggestions and
recommendations.
9. The Committee shall be competent to exercise the functions provided for in
this article only when at least ten States Parties to this Convention are bound
by declarations in accordance with paragraph 1 of this article.
Article 15
1. Pending the achievement of the objectives of the Declaration on the Granting
of Independence to Colonial Countries and Peoples, contained in General
Assembly resolution 1514 (XV) of 14 December 1960, the provisions of this
Convention shall in no way limit the right of petition granted to these peoples
by other international instruments or by the United Nations and its specialized
agencies.
2. (a) The Committee established under article 8, paragraph 1, of this
Convention shall receive copies of the petitions from, and submit expressions
of opinion and recommendations on these petitions to, the bodies of the United
Nations which deal with matters directly related to the principles and
objectives of this Convention in their consideration of petitions from the
inhabitants of Trust and Non-Self-Governing Territories and all other
territories to which General Assembly resolution 1514 (XV) applies, relating to
matters covered by this Convention which are before these bodies.
- (b)
- The Committee shall receive from the competent bodies of the United
Nations copies of the reports concerning the legislative, judicial,
administrative or other measures directly related to the principles and
objectives of this Convention applied by the administering Powers within the
territories mentioned in sub-paragraph (a) of this paragraph, and shall express
opinions and make recommendations to these bodies.
3. The Committee shall include in its report to the General Assembly a summary
of the petitions and reports it has received from United Nations bodies, and
the expressions of opinion and recommendations of the Committee relating to the
said petitions and reports.
4. The Committee shall request from the Secretary-General of the United Nations
all information relevant to the objectives of this Convention and available to
him regarding the Territories mentioned in paragraph 2 (a) of this article.
Article 16
The provisions of this Convention concerning the settlement of disputes or
complaints shall be applied without prejudice to other procedures for settling
disputes or complaints in the field of discrimination laid down in the
constituent instruments of, or in conventions adopted by, the United Nations
and its specialized agencies, and shall not prevent the States Parties from
having recourse to other procedures for settling a dispute in accordance with
general or special international agreements in force between them.
PART III
Article 17
1. This Convention is open for signature by any State Member of the United
Nations or member of any of its specialized agencies, by any State Party to the
Statute of the International Court of Justice, and by any other State which has
been invited by the General Assembly of the United Nations to become a Party to
this Convention.
2. This Convention is subject to ratification. Instruments of ratification
shall be deposited with the Secretary-General of the United Nations.
Article 18
1. This Convention shall be open to accession by any State referred to in
article 17, paragraph 1, of the Convention.
2. Accession shall be effected by the deposit of an instrument of accession
with the Secretary-General of the United Nations.
Article 19
1. This Convention shall enter into force on the thirtieth day after the date
of the deposit with the Secretary-General of the United Nations of the
twenty-seventh instrument of ratification or instrument of accession.
2. For each State ratifying this Convention or acceding to it after the deposit
of the twenty-seventh instrument of ratification or instrument of accession,
the Convention shall enter into force on the thirtieth day after the date of
the deposit of its own instrument of ratification or instrument of accession.
Article 20
1. The Secretary-General of the United Nations shall receive and circulate to
all States which are or may become Parties to this Convention reservations made
by States at the time of ratification or accession. Any State which objects to
the reservation shall, within a period of ninety days from the date of the said
communication, notify the Secretary-General that it does not accept it.
2. A reservation incompatible with the object and purpose of this Convention
shall not be permitted, nor shall a reservation the effect of which would
inhibit the operation of any of the bodies established by this Convention be
allowed. A reservation shall be considered incompatible or inhibitive if at
least two-thirds of the States Parties to this Convention object to it.
3. Reservations may be withdrawn at any time by notification to this effect
addressed to the Secretary-General. Such notification shall take effect on the
date on which it is received.
Article 21
A State Party may denounce this Convention by written notification to the
Secretary-General of the United Nations. Denunciation shall take effect one
year after the date of receipt of the notification by the Secretary-General.
Article 22
Any dispute between two or more States Parties with respect to the
interpretation or application of this Convention, which is not settled by
negotiation or by the procedures expressly provided for in this Convention,
shall, at the request of any of the parties to the dispute, be referred to the
International Court of Justice for decision, unless the disputants agree to
another mode of settlement.
Article 23
1. A request for the revision of this Convention may be made at any time by any
State Party by means of a notification in writing addressed to the
Secretary-General of the United Nations.
2. The General Assembly of the United Nations shall decide upon the steps, if
any, to be taken in respect of such a request.
Article 24
The Secretary-General of the United Nations shall inform all States referred to
in article 17, paragraph 1, of this Convention of the following particulars:
Back to Top
- (a)
- Signatures, ratifications and accessions under articles 17 and 18;
- (b)
- the date of entry into force of this Convention under article 19;
- (c)
- communications and declarations received under articles 14, 20 and 23;
- (d)
- denunciations under article 21.
Article 25
1. This Convention, of which the Chinese, English, French, Russian and Spanish
texts are equally authentic, shall be deposited in the archives of the United
Nations.
2. The Secretary-General of the United Nations shall transmit certified copies
of this Convention to all States belonging to any of the categories mentioned
in article 17, paragraph 1, of the Convention.
RACIAL DISCRIMINATION ACT 1975 Notes to the Racial Discrimination Act 1975
Note 1
The Racial Discrimination Act 1975 as shown in this compilation
comprises Act No. 52, 1975 amended as indicated in the Tables below.
All relevant information pertaining to application, saving or transitional
provisions prior to 13 October 1999 is not included in this compilation.
For subsequent information see Table A.
Table of Acts
Act
|
Number
and year
|
Date
of Assent
|
Date
of commencement
|
Application,
saving or transitional provisions
|
Racial
Discrimination Act 1975
|
52,
1975
|
11
June 1975
|
Ss.
1, 2 and 7: Royal Assent Remainder: 31 Oct 1975 (see Gazette 1975,
No. S221)
|
|
Administrative
Changes (Consequential Provisions) Act 1976
|
91,
1976
|
20
Sept 1976
|
S.
3: (a)
|
S.
4
|
Racial
Discrimination Amendment Act 1980
|
18,
1980
|
23
Apr 1980
|
10
Dec 1981 (see s. 2 and Gazette 1981, No. G49, p. 2)
|
|
as
amended by
|
|
|
|
|
Racial
Discrimination Amendment Act 1981
|
25,
1981
|
14
Apr 1981
|
10
Dec 1981 (see s. 2 and Gazette 1981, No. G49, p. 2)
|
|
Racial
Discrimination Amendment Act 1983
|
38,
1983
|
19
June 1983
|
19
June 1983
|
|
Human
Rights and Equal Opportunity Commission (Transitional Provisions and
Consequential Amendments) Act 1986
|
126,
1986
|
6
Dec 1986
|
10
Dec 1986 (see s. 2 and Gazette 1986, No. S631)
|
Ss.
31-34
|
Statute
Law (Miscellaneous Provisions) Act 1988
|
38,
1988
|
3
June 1988
|
S.
3: Royal Assent (b)
|
S.
5(1)
|
Law
and Justice Legislation Amendment Act 1990
|
115,
1990
|
21
Dec 1990
|
S.
49: Royal Assent (c)
|
|
Human
Rights and Equal Opportunity Legislation Amendment Act 1992
|
132,
1992
|
30
Oct 1992
|
26
Nov 1992 (see s. 2 and Gazette 1992, No. S346)
|
|
Law
and Justice Legislation Amendment Act (No. 3) 1992
|
165,
1992
|
11
Dec 1992
|
S.
4 (Schedule [Part 2]): 8 Jan 1993 (d)
|
S.
3(2)
|
Sex
Discrimination and other Legislation Amendment Act 1992
|
179,
1992
|
16
Dec 1992
|
13
Jan 1993
|
Ss.
2(2) and 4
|
Law
and Justice Legislation Amendment Act 1993
|
13,
1994
|
18
Jan 1994
|
Part
4 (ss. 17-20): Royal Assent (e)
|
S.
18(2)
|
Human
Rights Legislation Amendment Act 1995
|
59,
1995
|
28
June 1995
|
Schedule
(item 25): 30 Oct 1992 Remainder: Royal Assent
|
Ss.
4 and 5
|
Racial
Hatred Act 1995
|
101,
1995
|
15
Sept 1995
|
13
Oct 1995
|
|
Statute
Law Revision Act 1996
|
43,
1996
|
25
Oct 1996
|
Schedule
5 (items 133, 134): Royal Assent (f)
|
|
Human
Rights Legislation Amendment Act (No. 1) 1999
|
133,
1999
|
13
Oct 1999
|
Ss.
1-3 and 21: Royal Assent S. 22 and Schedule 1 (items 53, 60): 10 Dec
1999 (see Gazette 1999, No. S598) Remainder: 13 Apr 2000
|
Ss.
4-22 [see Table A]
|
Public
Employment (Consequential and Transitional) Amendment Act 1999
|
146,
1999
|
11
Nov 1999
|
Schedule
1 (item 760): 5 Dec 1999 (see Gazette 1999, No. S584) (g)
|
|
Criminal
Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000
|
137,
2000
|
24
Nov 2000
|
Ss.
1-3 and Schedule 1 (items 1, 4, 6, 7, 9-11, 32): Royal Assent Remainder:
24 May 2001
|
Sch.
2 (items 418, 419) [see Table A]
|
Law
and Justice Legislation Amendment (Application of Criminal Code) Act 2001
|
24,
2001
|
6
Apr 2001
|
S.
4(1), (2) and Schedule 43: (h)
|
S.
4(1), (2) [see Table A]
|
Age
Discrimination (Consequential Provisions) Act 2004
|
40,
2004
|
21
Apr 2004
|
Schedule
2 (item 27): [see (i) and Note 2]
|
|
(a)
Back to Top
The Racial Discrimination Act 1975 was amended by section 3 only of the
Administrative Changes (Consequential Provisions) Act 1976, subsection
2(7) of which provides as follows:
(7) The amendments of each other Act specified in the Schedule made by this
Act shall be deemed to have come into operation on 22 December 1975.
(b) The Racial Discrimination Act 1975 was amended by section
3 only of the Statute Law (Miscellaneous Provisions) Act 1988,
subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(c) The Racial Discrimination Act 1975 was amended by section
49 only of the Law and Justice Legislation Amendment Act 1990,
subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(d) The Racial Discrimination Act 1975 was amended by section
4 (Schedule [Part 2]) only of the Law and Justice Legislation Amendment Act
(No. 3) 1992, subsection 2(7) of which provides as follows:
(7) Part 2 of the Schedule commences on the 28th day after the day on which
this Act receives the Royal Assent.
(e) The Racial Discrimination Act 1975 was amended by Part 4
(sections 17-20) only of the Law and Justice Legislation Amendment Act
1993, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(f) The Racial Discrimination Act 1975 was amended by Schedule
5 (items 133 and 134) only of the Statute Law Revision Act 1996,
subsection 2(1) of which provides as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on
which it receives the Royal Assent.
(g) The Racial Discrimination Act 1975 was amended by Schedule
1 (item 760) only of the Public Employment (Consequential and Transitional)
Amendment Act 1999, subsections 2(1) and (2) of which provide as
follows:
(1) In this Act, commencing time means the time when the
Public Service Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.
(h) The Racial Discrimination Act 1975 was amended by Schedule
43 only of the Law and Justice Legislation Amendment (Application of
Criminal Code) Act 2001, subsection 2(1)(a) of which provides as
follows:
(1) Subject to this section, this Act commences at the later of the
following times:
(a) immediately after the commencement of item 15 of Schedule 1
to the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences)
Act 2000;
Item 15 commenced on 24 May 2001.
(i) Subsection 2(1) (item 7) of the Age Discrimination
(Consequential Provisions) Act 2004 provides as follows:
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified
in column 2 of the table.
Commencement
information
|
Column
1
|
Column
2
|
Column
3
|
Provision(s)
|
Commencement
|
Date/Details
|
7.
Schedule 2, items 23 to 28
|
The
later of:
(a) immediately after the commencement of the Age Discrimination Act
2004; and
(b) immediately after the commencement of Schedule 1 to the Australian
Human Rights Commission Legislation Act 2004
|
[see
Note 2] (paragraph (b) applies)
|
Back to Top
Table of Amendments
ad.
= added or inserted am. = amended rep. = repealed rs. = repealed
and substituted
|
Provision
affected
|
How
affected
|
Part
I
|
|
S.
2
|
am.
No. 91, 1976; No. 126, 1986
|
S.
3
|
am.
No. 18, 1980 (as am. by No. 25, 1981); No. 126, 1986; No. 38, 1988; No. 179,
1992; No. 133, 1999
|
S.
4
|
am.
No. 18, 1980
|
S.
6
|
am.
No. 18, 1980
|
|
rs.
No. 126, 1986
|
S.
6A
|
ad.
No. 38, 1983
|
|
am.
No. 126, 1986; No. 133, 1999
|
S.
6B
|
ad.
No. 24, 2001
|
Part
II
|
|
S.
9
|
am.
No. 115, 1990
|
S.
10
|
am.
No. 18, 1980; No. 126, 1986
|
S.
11
|
am.
No. 43, 1996
|
S.
12
|
am.
No. 126, 1986
|
S.
13
|
am.
No. 43, 1996
|
S.
15
|
am.
No. 126, 1986; No. 43, 1996
|
S.
16
|
am.
No. 126, 1986
|
S.
18
|
rs.
No. 115, 1990
|
S.
18A
|
ad.
No. 115, 1990
|
Part
IIA
|
|
Part
IIA
|
ad.
No. 101, 1995
|
S.
18B
|
ad.
No. 101, 1995
|
S.
18C
|
ad.
No. 101, 1995
|
Note
to s. 18C(1)
|
am.
No. 133, 1999
|
Ss.
18D-18F
|
ad.
No. 101, 1995
|
Part
III
|
|
Heading
to Part III
|
rs.
No. 133, 1999
|
Part
III
|
rs.
No. 126, 1986
|
Division
1
|
|
S.
19
|
rs.
No. 126, 1986
|
S.
19A
|
ad.
No. 179, 1992
|
|
rep.
No. 133, 1999
|
S.
20
|
am.
No. 18, 1980 (as am. by No. 25, 1981)
|
|
rs.
No. 126, 1986
|
|
am.
No. 101, 1995; No. 133, 1999
|
Note
to s. 20(1)
|
ad.
No. 133, 1999
|
S.
20A
|
ad.
No. 18, 1980
|
|
rep.
No. 126, 1986
|
S.
21
|
am.
No. 18, 1980
|
|
rs.
No. 126, 1986
|
|
rep.
No. 133, 1999
|
S.
22
|
am.
No. 18, 1980
|
|
rs.
No. 126, 1986
|
|
am.
No. 179, 1992; No. 101, 1995
|
|
rep.
No. 133, 1999
|
S.
23
|
am.
No. 18, 1980
|
|
rs.
No. 126, 1986
|
|
rep.
No. 133, 1999
|
Div.
2 of Part III
|
rep.
No. 133, 1999
|
S.
24
|
am.
No. 18, 1980
|
|
rs.
No. 126, 1986
|
|
am.
No. 38, 1988; No. 165, 1992; No. 101, 1995
|
|
rep.
No. 133, 1999
|
Ss.
24AA, 24AB
|
ad.
No. 165, 1992
|
|
rep.
No. 133, 1999
|
Ss.
24A-24E
|
ad.
No. 126, 1986
|
|
rep.
No. 133, 1999
|
Div.
3 of Part III
|
rep.
No. 133, 1999
|
S.
24F
|
ad.
No. 126, 1986
|
|
rep.
No. 133, 1999
|
S.
25
|
rs.
No. 126, 1986
|
|
rep.
No. 133, 1999
|
Ss.
25A-25H
|
ad.
No. 126, 1986
|
|
rep.
No. 133, 1999
|
Ss.
25J, 25K
|
ad.
No. 126, 1986
|
|
rep.
No. 133, 1999
|
Ss.
25L, 25M
|
ad.
No. 126, 1986
|
|
rs.
No. 179, 1992
|
|
rep.
No. 133, 1999
|
S.
25MA
|
ad.
No. 179, 1992
|
|
rep.
No. 133, 1999
|
S.
25N
|
ad.
No. 126, 1986
|
|
am.
No. 179, 1992
|
|
rep.
No. 133, 1999
|
S.
25P
|
ad.
No. 126, 1986
|
|
rs.
No. 179, 1992
|
|
rep.
No. 133, 1999
|
Ss.
25Q-25U
|
ad.
No. 126, 1986
|
|
rep.
No. 133, 1999
|
S.
25V
|
ad.
No. 126, 1986
|
|
am.
No. 179, 1992
|
|
rep.
No. 133, 1999
|
Ss.
25W, 25X
|
ad.
No. 126, 1986
|
|
am.
No. 101, 1995
|
|
rep.
No. 133, 1999
|
S.
25Y
|
ad.
No. 126, 1986
|
|
am.
No. 179, 1992
|
|
rep.
No. 133, 1999
|
S.
25Z
|
ad.
No. 126, 1986
|
|
am.
No. 38, 1988; No. 179, 1992
|
|
rep.
No. 133, 1999
|
S.
25ZA
|
ad.
No. 126, 1986
|
|
am.
No. 165, 1992
|
|
rs.
No. 179, 1992
|
|
rep.
No. 133, 1999
|
S.
25ZAA
|
ad.
No. 179, 1992
|
|
rep.
No. 59, 1995
|
S.
25ZAB
|
ad.
No. 179, 1992
|
|
am.
No. 13, 1994
|
|
rep.
No. 59, 1995
|
S.
25ZAC
|
ad.
No. 179, 1992
|
|
rep.
No. 59, 1995
|
S.
25ZB
|
ad.
No. 126, 1986
|
|
rep.
No. 133, 1999
|
Div.
3A of Part III
|
ad.
No. 59, 1995 rep. No. 133, 1999
|
S.
25ZC
|
ad.
No. 126, 1986
|
|
am.
No. 179, 1992; No. 13, 1994
|
|
rs.
No. 59, 1995
|
|
rep.
No. 133, 1999
|
Ss.
25ZCA-25ZCF
|
ad.
No. 59, 1995
|
|
rep.
No. 133, 1999
|
Div.
4 of Part III
|
ad.
No. 179, 1992 rep. No. 133, 1999
|
Ss.
25ZD-25ZI
|
ad.
No. 179, 1992
|
|
rep.
No. 133, 1999
|
Part
IV
|
|
S.
26
|
am.
No. 101, 1995
|
S.
27
|
am.
No. 18, 1980; No. 126, 1986; No. 133, 1999; No. 24, 2001
|
Ss.
27A-27D
|
ad.
No. 126, 1986
|
|
rep.
No. 133, 1999
|
S.
27E
|
ad.
No. 126, 1986
|
|
am.
No. 133, 1999
|
|
rep.
No. 137, 2000
|
S.
27F
|
ad.
No. 126, 1986
|
|
am.
No. 24, 2001
|
Note
to s. 27F(3)
|
ad.
No. 24, 2001
|
Part
V
|
|
S.
28
|
am.
No. 91, 1976; No. 18, 1980; No. 126, 1986
|
Part
VI
|
|
Division
1
|
|
Heading
to Div. 1 of Part VI
|
rs.
No. 126, 1986
|
S.
29
|
rs.
No. 126, 1986
|
|
am.
No. 59, 1995
|
S.
30
|
rs.
No. 126, 1986
|
|
am.
No. 133, 1999
|
S.
31
|
am.
No. 126, 1986; No. 59, 1995
|
S.
32
|
am.
No. 91, 1976
|
|
rs.
No. 132, 1992
|
|
am.
No. 146, 1999
|
S.
33
|
am.
No. 126, 1986
|
S.
34
|
am.
No. 91, 1976; No. 126, 1986; No. 132, 1992
|
S.
35
|
am.
No. 91, 1976; No. 126, 1986
|
S.
36
|
am.
No. 91, 1976; No. 126, 1986; No. 132, 1992; No. 13, 1994
|
S.
37
|
rep.
No. 126, 1986
|
S.
38
|
rep.
No. 18, 1980
|
S.
39
|
rep.
No. 126, 1986
|
S.
40
|
rs.
No. 18, 1980
|
|
am.
No. 126, 1986; No. 132, 1992
|
Division
2
|
|
S.
41
|
am.
No. 91, 1976; No. 126, 1986
|
S.
42
|
am.
No. 126, 1986; No. 59, 1995
|
S.
43
|
am.
No. 126, 1986
|
Part
VII
|
|
S.
44A
|
ad.
No. 18, 1980
|
|
rep.
No. 126, 1986
|
S.
45
|
am.
No. 18, 1980
|
|
rep.
No. 126, 1986
|
|
ad.
No. 38, 1988
|
|
am.
No. 133, 1999
|
S.
45A
|
ad.
No. 18, 1980
|
|
am.
No. 126, 1986
|
S.
46
|
am.
No. 91, 1976
|
|
rep.
No. 18, 1980
|
S.
47
|
am.
No. 126, 1986
|
Back to Top
Note 2
Note 2
Age Discrimination (Consequential Provisions) Act 2004 (No. 40,
2004)
The following amendment commences immediately after the commencement of
Schedule 1 to the Australian Human Rights Commission Legislation Act
2004 (still a Bill):
Schedule 2
27 Paragraph 20(2)(c)
Repeal the paragraph, substitute:
- (c)
- whether, in the Attorney-General's opinion, the proceedings have
significant implications for the administration of any of the following Acts:
- (i)
- this Act;
- (ii)
- the Age Discrimination Act 2004;
- (iii)
- the Australian Human Rights Commission Act 1986;
- (iv)
- the Disability Discrimination Act 1992;
- (v)
- the Sex Discrimination Act 1984;
As at 24 June 2004 the amendment is not incorporated in this compilation.
Table A
Table A
Application, saving or transitional provisions
Human Rights Legislation Amendment Act (No. 1) 1999 (No. 133, 1999)
Division 1Interpretation
4 Interpretation
In this Part:
appropriate Commissioner means:
- (a)
- in relation to a complaint lodged under the old DDAthe Disability
Discrimination Commissioner; and
- (b)
- in relation to a complaint lodged under the old RDAthe Race
Discrimination Commissioner; and
- (c)
- in relation to a complaint lodged under the old SDAthe Sex
Discrimination Commissioner.
Court means the Federal Court of Australia.
holding of an inquiry means a holding of an inquiry referred to
in a notice given under:
- (a)
- section 83 of the old DDA; or
- (b)
- section 25E of the old RDA; or
- (c)
- section 63 of the old SDA.
new HREOCA means the Human Rights and Equal Opportunity
Commission Act 1986 as amended by Schedule 1 to this Act.
old DDA means the Disability Discrimination Act 1992
before being amended by Schedule 1 to this Act.
old RDA means the Racial Discrimination Act 1975 before
being amended by Schedule 1 to this Act.
old SDA means the Sex Discrimination Act 1984 before being
amended by Schedule 1 to this Act.
purported complaint means a document purporting to be a
complaint.
starting day means the day on which this Part commences.
Division 2Treatment of complaints lodged before starting day
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Subdivision ATreatment of complaint depends on the stage it has
reached
5 Purported complaint lodged but no decision as to whether it is a
complaint
- (1)
- A purported complaint is treated in the way set out in subsection (2) if,
before the starting day:
- (a)
- it was lodged with the Commission; and
- (b)
- the Commission had not decided whether it was a complaint within the
meaning of the old DDA, old RDA or old SDA.
- (2)
- On the starting day:
- (a)
- the purported complaint is taken to have been lodged under section 46P of
the new HREOCA; and
- (b)
- the Commission must then decide whether it is a complaint within the
meaning of the new HREOCA.
6 Administrative appeal on Commission's decision as to whether
complaint
- (1)
- A purported complaint is treated in the way set out in subsection (2) if:
- (a)
- before the starting day, the Commission decided that it was, or was not, a
complaint within the meaning of the old DDA, old RDA or old SDA; and
- (b)
- on or after the starting day, the Court makes an order under the
Administrative Decisions (Judicial Review) Act 1977 to refer the matter
to which the decision relates to the Commission for further consideration.
- (2)
- On the day on which the order is made:
- (a)
- the purported complaint is taken to have been lodged under section 46P of
the new HREOCA; and
- (b)
- the Commission must then decide whether it is a complaint within the
meaning of the new HREOCA.
7 Complaint lodged but Commissioner not notified of it
- (1)
- A purported complaint is treated in the way set out in subsection (2) if,
before the starting day:
- (a)
- it was lodged with the Commission; and
- (b)
- the Commission decided that it was a complaint within the meaning of the
old DDA, old RDA or old SDA; and
- (c)
- the Commission had not notified the appropriate Commissioner of it.
- (2)
- On the starting day:
- (a)
- the purported complaint is taken to have been lodged under section 46P of
the new HREOCA; and
- (b)
- the Commission is taken to have decided that it is a complaint within the
meaning of the new HREOCA.
8 Commissioner notified of complaint but had not decided to dismiss or
refer it
- (1)
- A complaint is treated in the way set out in subsection (2) if, before the
starting day:
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- (a)
- the Commission had notified the appropriate Commissioner of the complaint;
and
- (b)
- the appropriate Commissioner had not made a decision not to inquire, or
not to continue to inquire, into the complaint; and
- (c)
- the appropriate Commissioner had not referred the complaint to the
Commission.
- (2)
- On the starting day, the complaint is taken to have been referred to the
President under section 46PD of the new HREOCA.
9 Commissioner decided to dismiss complaint
- (1)
- A complaint is treated in the way set out in subsection (2) if:
- (a)
- before the starting day, the appropriate Commissioner decided not to
inquire, or not to continue to inquire, into the complaint; and
- (b)
- on the starting day, the complainant could have required the appropriate
Commissioner to:
- (i)
- refer the complaint to the President under section 71 of the old DDA if
that section had not been repealed by this Act; or
- (ii)
- refer the Commissioner's decision to the President, or refer the
complaint to the Commission, under section 24 of the old RDA if that section
had not been repealed by this Act; or
- (iii)
- refer the Commissioner's decision to the President, or refer the
complaint to the Commission, under section 52 of the old SDA if that section
had not been repealed by this Act.
- (2)
- On the starting day, the President is taken to have terminated the
complaint under section 46PH of the new HREOCA.
Note: The President is required to give a notice of termination
of the complaint under section 14 of this Act.
10 Presidential review of Commissioner's decision to dismiss
complaint
- (1)
- A complaint is treated in the way set out in subsection (2) if, before the
starting day:
- (a)
- the appropriate Commissioner decided not to inquire, or not to continue to
inquire, into the complaint; and
- (b)
- the complainant required the appropriate Commissioner to refer the
complaint, or the Commissioner's decision, to the President; and
- (c)
- the President had not made a decision under whichever of the following
sections is applicable:
- (i)
- section 101 of the old DDA;
- (ii)
- section 24AA of the old RDA;
- (iii)
- section 52A of the old SDA.
- (2)
- On the starting day, the President is taken to have terminated the
complaint under section 46PH of the new HREOCA.
Note: The President is required to give a notice of termination
of the complaint under section 14 of this Act.
11 Administrative review of President's decision
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- (1)
- A complaint is treated in the way set out in subsection (2) if:
- (a)
- before the starting day, the President made a decision in relation to the
complaint under:
- (i)
- section 101 of the old DDA; or
- (ii)
- section 24AA of the old RDA; or
- (iii)
- section 52A of the old SDA; and
- (b)
- on or after the starting day, the Court makes an order under the
Administrative Decisions (Judicial Review) Act 1977 to refer the matter
to which the decision relates to the Commission for further consideration.
- (2)
- On the day the order is made, the President is taken to have terminated
the complaint under section 46PH of the new HREOCA.
Note: The President is required to give a notice of termination
of the complaint under section 14 of this Act.
12 Complaint referred to Commission but inquiry not started
- (1)
- A complaint is treated in the way set out in subsection (2) if, before the
starting day:
- (a)
- the appropriate Commissioner referred the complaint to the Commission;
and
- (b)
- a holding of an inquiry into the complaint had not started under the old
DDA, old RDA or old SDA; and
- (c)
- the complaint had not been withdrawn under whichever of the following
sections is applicable:
- (i)
- section 79 of the old DDA;
- (ii)
- section 25A of the old RDA;
- (iii)
- section 59 of the old SDA.
- (2)
- On the starting day, the President is taken to have terminated the
complaint under section 46PH of the new HREOCA.
Note: The President is required to give a notice of termination
of the complaint under section 14 of this Act.
13 Inquiry started
- (1)
- A complaint is treated in the way set out in subsection (2) if, before the
starting day:
- (a)
- a holding of an inquiry into the complaint had started under the old DDA,
old RDA or old SDA; and
- (b)
- the complaint had not been withdrawn under whichever of the following
sections is applicable:
- (i)
- section 79 of the old DDA;
- (ii)
- section 25A of the old RDA;
- (iii)
- section 59 of the old SDA.
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- (2)
- The amendments made by Schedule 1 to this Act do not apply in relation to
the complaint.
Subdivision BOther rules about complaints lodged before starting day
14 Notice of termination
- (1)
- If the President is taken to have terminated a complaint under section 9,
10, 11 or 12, then the President must notify the complainants in writing of the
termination and the reasons for the termination.
- (2)
- Subsection (1) does not apply if all the complainants requested the
appropriate Commissioner not to inquire into the complaint.
- (3)
- The President must give a person a copy of the notice that was given to
the complainants under subsection (1) if:
- (a)
- the person was a person on whose behalf the complaint was lodged; and
- (b)
- the person requested the President for a copy of the notice.
- (4)
- The President is not required to notify any person under section 46PH of
the new HREOCA.
15 Work done by Commissioner is taken to have been done by
President
Any thing done, or information obtained, by the appropriate Commissioner in
relation to a complaint that is referred to the President under section 8 is
taken to have been done or obtained by the President.
16 Special rules apply to proceedings to enforce a determination
Sections 46PQ, 46PR and 46PT of the new HREOCA apply for the purposes of
proceedings in the Court:
- (a)
- for an order to enforce a determination in relation to a complaint; or
- (b)
- for an order directing a Commonwealth agency (or the principal executive
of a Commonwealth agency) to comply;
if the proceedings started on or after the starting day under:
- (c)
- section 105A or 106F of the old DDA; or
- (d)
- section 25ZC or 25ZI of the old RDA; or
- (e)
- section 83A or 84F of the old SDA.
Division 3Other transitional and application provisions
17 Protection from civil actions
The amendments made by items 30, 31, 83, 84, 119 and 120 of Schedule 1 do not
apply to a complaint lodged before the starting day under the old DDA, old RDA
or old SDA.
18 Referrals under the old SDA
The amendments made by items 1, 2, 85, 86, 97, 100, 122, 123, 124 and 125 of
Schedule 1 do not apply to a complaint lodged before the starting day under
section 50A, 50C or 50E of the old SDA.
19 Inquiries started by Human Rights Commissioner
The amendment made by item 52 of Schedule 1 does not apply in relation to an
inquiry that the Human Rights Commissioner started before the starting day.
20 When a person cannot lodge a complaint under the new HREOCA
A person cannot lodge a complaint under section 46P of the new HREOCA if:
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- (a)
- the person is a class member for a representative complaint in respect of
the same subject matter; and
- (b)
- a holding of an inquiry into the representative complaint had started
under the old DDA, old RDA or old SDA.
21 Regulations
- (1)
- The Governor-General may make regulations prescribing matters:
- (a)
- required or permitted by this Act to be prescribed; or
- (b)
- necessary or convenient to be prescribed for carrying out or giving effect
to this Act.
- (2)
- In particular, regulations may be made in relation to matters of a
transitional or saving nature arising out of the enactment of this Act.
22 Transitionalpowers of a Secretary
A thing done by the Commission before the commencement of this section in
exercising powers referred to in subsection 43(2) of the Human Rights
and Equal Opportunity Commission Act 1986 has effect, for the purpose of
the exercise by the President after the commencement of this section of powers
referred to in that subsection, as if the thing had been done by the President.
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences)
Act 2000 (No. 137, 2000)
Schedule 2
418 Transitionalpre-commencement offences
(1) Despite the amendment or repeal of a provision by this Schedule, that
provision continues to apply, after the commencement of this item, in relation
to:
- (a)
- an offence committed before the commencement of this item; or
- (b)
- proceedings for an offence alleged to have been committed before the
commencement of this item; or
- (c)
- any matter connected with, or arising out of, such proceedings;
as if the amendment or repeal had not been made.
(2) Subitem (1) does not limit the operation of section 8 of the Acts
Interpretation Act 1901.
419 Transitionalpre-commencement notices
If:
- (a)
- a provision in force immediately before the commencement of this item
required that a notice set out the effect of one or more other provisions;
and
- (b)
- any or all of those other provisions are repealed by this Schedule; and
- (c)
- the first-mentioned provision is amended by this Schedule;
the amendment of the first-mentioned provision by this Schedule does not
affect the validity of such a notice that was given before the commencement of
this item.
Law and Justice Legislation Amendment (Application of Criminal Code)
Act 2001 (No. 24, 2001)
4 Application of amendments
- (1)
- Subject to subsection (3), each amendment made by this Act applies to
acts and omissions that take place after the amendment commences.
- (2)
- For the purposes of this section, if an act or omission is alleged to have
taken place between 2 dates, one before and one on or after the day on which a
particular amendment commences, the act or omission is alleged to have taken
place before the amendment commences.
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