{"id":"C2004A00274","name":"Racial Discrimination Act 1975","slug":"racial-discrimination-act-1975","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"52 of 1975","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31204,"registerId":"commonwealth-C2004A00274-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"Preliminary","content":"## Part I—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Racial Discrimination Act 1975.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  (1) Sections 1, 2 and 7 shall come into operation on the day on which this Act receives the Royal Assent.\n  (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.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Aboriginal means a person who is a descendant of an indigenous inhabitant of Australia but does not include a Torres Strait Islander.\n\n> Commission means the Australian Human Rights Commission.\n\n> Commissioner means the Race Discrimination Commissioner appointed under section 29.\n\n> Commonwealth agency means an agency within the meaning of the Privacy Act 1988.\n\n> 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.\n\n> 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.\n\n> employment includes work under a contract for services, and cognate expressions have corresponding meanings.\n\n> President means President of the Commission.\n\n> principal executive, in relation to a Commonwealth agency, has the same meaning as in Part V of the Privacy Act 1988.\n\n> registered charity means an entity that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25‑5(5) of that Act.\n\n> 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.\n\n> residential accommodation includes accommodation in a dwelling‑house, flat, hotel, motel or boarding‑house or on a camping ground.\n\n> services includes services consisting of the provision of facilities by way of banking or insurance or of facilities for grants, loans, credit or finance.\n\n> Torres Strait Islander means a person who is a descendant of an indigenous inhabitant of the Torres Strait Islands.\n\n> vehicle includes a ship, an aircraft and a hovercraft.\n\n  (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.\n  (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.\n  (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.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Extension to external Territories","content":"#### 4 Extension to external Territories\n\n  This Act extends to every external Territory.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Additional operation of Act","content":"#### 5 Additional operation of Act\n\n  Without prejudice to its effect apart from this section, this Act also has, by force of this section, the effect it would have if:\n    (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”;\n    (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”;\n    (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”;\n    (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”;\n    (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\n    (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”.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Act binds the Crown","content":"#### 6 Act binds the Crown\n\n  (1) This Act binds the Crown in each of its capacities.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.","sortOrder":6},{"sectionNumber":"6A","sectionType":"section","heading":"Operation of State and Territory laws","content":"#### 6A Operation of State and Territory laws\n\n  (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.\n  (2) Where:\n    (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\n    (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 Australian Human Rights Commission Act 1986 alleging that the act or omission is unlawful under a provision of Part II or IIA of this Act;\n  the person shall be deemed never to have been, and is not, entitled to make a complaint or institute a proceeding under the Australian Human Rights 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.\n  (3) Where:\n    (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\n    (b) an act or omission by a person that constitutes an offence against that law also constitutes an offence against this Act;\n  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.","sortOrder":7},{"sectionNumber":"6B","sectionType":"section","heading":"Application of the Criminal Code","content":"#### 6B Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Ratification of Convention","content":"#### 7 Ratification of Convention\n\n  Approval is given to ratification by Australia of the Convention.","sortOrder":9},{"sectionNumber":"Part II","sectionType":"part","heading":"Prohibition of racial discrimination etc.","content":"## Part II—Prohibition of racial discrimination etc.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Exceptions","content":"#### 8 Exceptions\n\n  (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).\n  Charities\n  (2) This Part does not:\n    (a) affect a provision (whether made before or after the commencement of this Part) of the governing rules (within the meaning of the Australian Charities and Not‑for‑profits Commission Act 2012) of a registered charity, if the provision:\n    (i) confers benefits for charitable purposes; or\n    (ii) enables such benefits to be conferred;\n    on persons of a particular race, colour or national or ethnic origin; or\n    (b) make unlawful any act done to give effect to such a provision.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Racial discrimination to be unlawful","content":"#### 9 Racial discrimination to be unlawful\n\n  (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.\n  (1A) Where:\n    (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\n    (b) the other person does not or cannot comply with the term, condition or requirement; and\n    (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;\n  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.\n  (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.\n  (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.\n  (4) The succeeding provisions of this Part do not limit the generality of this section.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Rights to equality before the law","content":"#### 10 Rights to equality before the law\n\n  (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.\n  (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.\n  (3) Where a law contains a provision that:\n    (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\n    (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;\n  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.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Access to places and facilities","content":"#### 11 Access to places and facilities\n\n  It is unlawful for a person:\n    (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;\n    (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\n    (c) to require another person to leave or cease to use any such place or vehicle or any such facilities;\n  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.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Land, housing and other accommodation","content":"#### 12 Land, housing and other accommodation\n\n  (1) It is unlawful for a person, whether as a principal or agent:\n    (a) to refuse or fail to dispose of any estate or interest in land, or any residential or business accommodation, to a second person;\n    (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;\n    (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;\n    (d) to refuse to permit a second person to occupy any land or any residential or business accommodation; or\n    (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;\n  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.\n  (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.\n  (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.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Provision of goods and services","content":"#### 13 Provision of goods and services\n\n  It is unlawful for a person who supplies goods or services to the public or to any section of the public:\n    (a) to refuse or fail on demand to supply those goods or services to another person; or\n    (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;\n  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.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Right to join trade unions","content":"#### 14 Right to join trade unions\n\n  (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.\n  (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.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Employment","content":"#### 15 Employment\n\n  (1) It is unlawful for an employer or a person acting or purporting to act on behalf of an employer:\n    (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;\n    (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\n    (c) to dismiss a second person from his or her employment;\n  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.\n  (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.\n  (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.\n  (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.\n  (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.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Advertisements","content":"#### 16 Advertisements\n\n  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.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Unlawful to incite doing of unlawful acts","content":"#### 17 Unlawful to incite doing of unlawful acts\n\n  It is unlawful for a person:\n    (a) to incite the doing of an act that is unlawful by reason of a provision of this Part; or\n    (b) to assist or promote whether by financial assistance or otherwise the doing of such an act.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Acts done for 2 or more reasons","content":"#### 18 Acts done for 2 or more reasons\n\n  Where:\n    (a) an act is done for 2 or more reasons; and\n    (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);\n  then, for the purposes of this Part, the act is taken to be done for that reason.","sortOrder":21},{"sectionNumber":"18A","sectionType":"section","heading":"Vicarious liability","content":"#### 18A Vicarious liability\n\n  (1) Subject to subsection (2), if:\n    (a) an employee or agent of a person does an act in connection with his or her duties as an employee or agent; and\n    (b) the act would be unlawful under this Part if it were done by that person;\n  this Act applies in relation to that person as if that person had also done the act.\n  (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.","sortOrder":22},{"sectionNumber":"18AA","sectionType":"section","heading":"Victimisation","content":"#### 18AA Victimisation\n\n  (1) It is unlawful for a person to commit an act of victimisation against another person.\n\n> Note 1: See also subsection 27(2) (offences relating to administration of this Act).\n\n> Note 2: See also the definition of unlawful discrimination in the Australian Human Rights Commission Act 1986.\n\n  (2) For the purposes of subsection (1), a person (the first person) commits an act of victimisation against another person if the first person:\n    (a) refuses to employ the other person; or\n    (b) dismisses, or threatens to dismiss, the other person from the other person’s employment; or\n    (c) prejudices, or threatens to prejudice, the other person in the other person’s employment; or\n    (d) intimidates or coerces, or imposes any pecuniary or other penalty upon, the other person;\n  by reason that the other person:\n    (e) has made, or proposes to make, a complaint under this Act or the Australian Human Rights Commission Act 1986; or\n    (f) has given, or proposes to give, any information or documents to a person exercising or performing any powers or functions under this Act or the Australian Human Rights Commission Act 1986; or\n    (g) has attended, or proposes to attend, a conference held under this Act or the Australian Human Rights Commission Act 1986.","sortOrder":23},{"sectionNumber":"Part IIA","sectionType":"part","heading":"Prohibition of offensive behaviour based on racial hatred","content":"## Part IIA—Prohibition of offensive behaviour based on racial hatred","sortOrder":24},{"sectionNumber":"18B","sectionType":"section","heading":"Reason for doing an act","content":"#### 18B Reason for doing an act\n\n  If:\n    (a) an act is done for 2 or more reasons; and\n    (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);\n  then, for the purposes of this Part, the act is taken to be done because of the person’s race, colour or national or ethnic origin.","sortOrder":25},{"sectionNumber":"18C","sectionType":"section","heading":"Offensive behaviour because of race, colour or national or ethnic origin","content":"#### 18C Offensive behaviour because of race, colour or national or ethnic origin\n\n  (1) It is unlawful for a person to do an act, otherwise than in private, if:\n    (a) the act is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate another person or a group of people; and\n    (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.\n\n> Note: Subsection (1) makes certain acts unlawful. Section 46P of the Australian Human Rights Commission Act 1986 allows people to make complaints to the Australian Human Rights 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.\n\n  (2) For the purposes of subsection (1), an act is taken not to be done in private if it:\n    (a) causes words, sounds, images or writing to be communicated to the public; or\n    (b) is done in a public place; or\n    (c) is done in the sight or hearing of people who are in a public place.\n  (3) In this section:\n\n> 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.","sortOrder":26},{"sectionNumber":"18D","sectionType":"section","heading":"Exemptions","content":"#### 18D Exemptions\n\n  Section 18C does not render unlawful anything said or done reasonably and in good faith:\n    (a) in the performance, exhibition or distribution of an artistic work; or\n    (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\n    (c) in making or publishing:\n    (i) a fair and accurate report of any event or matter of public interest; or\n    (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.","sortOrder":27},{"sectionNumber":"18E","sectionType":"section","heading":"Vicarious liability","content":"#### 18E Vicarious liability\n\n  (1) Subject to subsection (2), if:\n    (a) an employee or agent of a person does an act in connection with his or her duties as an employee or agent; and\n    (b) the act would be unlawful under this Part if it were done by the person;\n  this Act applies in relation to the person as if the person had also done the act.\n  (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.","sortOrder":28},{"sectionNumber":"18F","sectionType":"section","heading":"State and Territory laws not affected","content":"#### 18F State and Territory laws not affected\n\n  This Part is not intended to exclude or limit the concurrent operation of any law of a State or Territory.","sortOrder":29},{"sectionNumber":"Part III","sectionType":"part","heading":"Race Discrimination Commissioner and functions of Commission","content":"An Act relating to the Elimination of Racial and other Discrimination\n\n  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:\n  AND WHEREAS the Convention entered into force on 2 January 1969:\n  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:\n  BE IT THEREFORE ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Racial Discrimination Act 1975.\n\n#### 2 Commencement\n\n  (1) Sections 1, 2 and 7 shall come into operation on the day on which this Act receives the Royal Assent.\n  (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.\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Aboriginal means a person who is a descendant of an indigenous inhabitant of Australia but does not include a Torres Strait Islander.\n\n> Commission means the Australian Human Rights Commission.\n\n> Commissioner means the Race Discrimination Commissioner appointed under section 29.\n\n> Commonwealth agency means an agency within the meaning of the Privacy Act 1988.\n\n> 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.\n\n> 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.\n\n> employment includes work under a contract for services, and cognate expressions have corresponding meanings.\n\n> President means President of the Commission.\n\n> principal executive, in relation to a Commonwealth agency, has the same meaning as in Part V of the Privacy Act 1988.\n\n> registered charity means an entity that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25‑5(5) of that Act.\n\n> 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.\n\n> residential accommodation includes accommodation in a dwelling‑house, flat, hotel, motel or boarding‑house or on a camping ground.\n\n> services includes services consisting of the provision of facilities by way of banking or insurance or of facilities for grants, loans, credit or finance.\n\n> Torres Strait Islander means a person who is a descendant of an indigenous inhabitant of the Torres Strait Islands.\n\n> vehicle includes a ship, an aircraft and a hovercraft.\n\n  (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.\n  (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.\n  (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.\n\n#### 4 Extension to external Territories\n\n  This Act extends to every external Territory.\n\n#### 5 Additional operation of Act\n\n  Without prejudice to its effect apart from this section, this Act also has, by force of this section, the effect it would have if:\n    (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”;\n    (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”;\n    (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”;\n    (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”;\n    (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\n    (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”.\n\n#### 6 Act binds the Crown\n\n  (1) This Act binds the Crown in each of its capacities.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n\n#### 6A Operation of State and Territory laws\n\n  (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.\n  (2) Where:\n    (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\n    (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 Australian Human Rights Commission Act 1986 alleging that the act or omission is unlawful under a provision of Part II or IIA of this Act;\n  the person shall be deemed never to have been, and is not, entitled to make a complaint or institute a proceeding under the Australian Human Rights 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.\n  (3) Where:\n    (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\n    (b) an act or omission by a person that constitutes an offence against that law also constitutes an offence against this Act;\n  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.\n\n#### 6B Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 7 Ratification of Convention\n\n  Approval is given to ratification by Australia of the Convention.\n\n## Part II—Prohibition of racial discrimination etc.\n\n#### 8 Exceptions\n\n  (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).\n  Charities\n  (2) This Part does not:\n    (a) affect a provision (whether made before or after the commencement of this Part) of the governing rules (within the meaning of the Australian Charities and Not‑for‑profits Commission Act 2012) of a registered charity, if the provision:\n    (i) confers benefits for charitable purposes; or\n    (ii) enables such benefits to be conferred;\n    on persons of a particular race, colour or national or ethnic origin; or\n    (b) make unlawful any act done to give effect to such a provision.\n\n#### 9 Racial discrimination to be unlawful\n\n  (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.\n  (1A) Where:\n    (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\n    (b) the other person does not or cannot comply with the term, condition or requirement; and\n    (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;\n  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.\n  (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.\n  (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.\n  (4) The succeeding provisions of this Part do not limit the generality of this section.\n\n#### 10 Rights to equality before the law\n\n  (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.\n  (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.\n  (3) Where a law contains a provision that:\n    (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\n    (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;\n  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.\n\n#### 11 Access to places and facilities\n\n  It is unlawful for a person:\n    (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;\n    (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\n    (c) to require another person to leave or cease to use any such place or vehicle or any such facilities;\n  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.\n\n#### 12 Land, housing and other accommodation\n\n  (1) It is unlawful for a person, whether as a principal or agent:\n    (a) to refuse or fail to dispose of any estate or interest in land, or any residential or business accommodation, to a second person;\n    (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;\n    (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;\n    (d) to refuse to permit a second person to occupy any land or any residential or business accommodation; or\n    (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;\n  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.\n  (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.\n  (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.\n\n#### 13 Provision of goods and services\n\n  It is unlawful for a person who supplies goods or services to the public or to any section of the public:\n    (a) to refuse or fail on demand to supply those goods or services to another person; or\n    (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;\n  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.\n\n#### 14 Right to join trade unions\n\n  (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.\n  (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.\n\n#### 15 Employment\n\n  (1) It is unlawful for an employer or a person acting or purporting to act on behalf of an employer:\n    (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;\n    (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\n    (c) to dismiss a second person from his or her employment;\n  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.\n  (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.\n  (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.\n  (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.\n  (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.\n\n#### 16 Advertisements\n\n  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.\n\n#### 17 Unlawful to incite doing of unlawful acts\n\n  It is unlawful for a person:\n    (a) to incite the doing of an act that is unlawful by reason of a provision of this Part; or\n    (b) to assist or promote whether by financial assistance or otherwise the doing of such an act.\n\n#### 18 Acts done for 2 or more reasons\n\n  Where:\n    (a) an act is done for 2 or more reasons; and\n    (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);\n  then, for the purposes of this Part, the act is taken to be done for that reason.\n\n#### 18A Vicarious liability\n\n  (1) Subject to subsection (2), if:\n    (a) an employee or agent of a person does an act in connection with his or her duties as an employee or agent; and\n    (b) the act would be unlawful under this Part if it were done by that person;\n  this Act applies in relation to that person as if that person had also done the act.\n  (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.\n\n#### 18AA Victimisation\n\n  (1) It is unlawful for a person to commit an act of victimisation against another person.\n\n> Note 1: See also subsection 27(2) (offences relating to administration of this Act).\n\n> Note 2: See also the definition of unlawful discrimination in the Australian Human Rights Commission Act 1986.\n\n  (2) For the purposes of subsection (1), a person (the first person) commits an act of victimisation against another person if the first person:\n    (a) refuses to employ the other person; or\n    (b) dismisses, or threatens to dismiss, the other person from the other person’s employment; or\n    (c) prejudices, or threatens to prejudice, the other person in the other person’s employment; or\n    (d) intimidates or coerces, or imposes any pecuniary or other penalty upon, the other person;\n  by reason that the other person:\n    (e) has made, or proposes to make, a complaint under this Act or the Australian Human Rights Commission Act 1986; or\n    (f) has given, or proposes to give, any information or documents to a person exercising or performing any powers or functions under this Act or the Australian Human Rights Commission Act 1986; or\n    (g) has attended, or proposes to attend, a conference held under this Act or the Australian Human Rights Commission Act 1986.\n\n## Part IIA—Prohibition of offensive behaviour based on racial hatred\n\n#### 18B Reason for doing an act\n\n  If:\n    (a) an act is done for 2 or more reasons; and\n    (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);\n  then, for the purposes of this Part, the act is taken to be done because of the person’s race, colour or national or ethnic origin.\n\n#### 18C Offensive behaviour because of race, colour or national or ethnic origin\n\n  (1) It is unlawful for a person to do an act, otherwise than in private, if:\n    (a) the act is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate another person or a group of people; and\n    (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.\n\n> Note: Subsection (1) makes certain acts unlawful. Section 46P of the Australian Human Rights Commission Act 1986 allows people to make complaints to the Australian Human Rights 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.\n\n  (2) For the purposes of subsection (1), an act is taken not to be done in private if it:\n    (a) causes words, sounds, images or writing to be communicated to the public; or\n    (b) is done in a public place; or\n    (c) is done in the sight or hearing of people who are in a public place.\n  (3) In this section:\n\n> 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.\n\n#### 18D Exemptions\n\n  Section 18C does not render unlawful anything said or done reasonably and in good faith:\n    (a) in the performance, exhibition or distribution of an artistic work; or\n    (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\n    (c) in making or publishing:\n    (i) a fair and accurate report of any event or matter of public interest; or\n    (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.\n\n#### 18E Vicarious liability\n\n  (1) Subject to subsection (2), if:\n    (a) an employee or agent of a person does an act in connection with his or her duties as an employee or agent; and\n    (b) the act would be unlawful under this Part if it were done by the person;\n  this Act applies in relation to the person as if the person had also done the act.\n  (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.\n\n#### 18F State and Territory laws not affected\n\n  This Part is not intended to exclude or limit the concurrent operation of any law of a State or Territory.\n\n## Part III—Race Discrimination Commissioner and functions of Commission\n\n### Division 1—Preliminary\n\n#### 19 Race Discrimination Commissioner\n\n  For the purposes of this Act there shall be a Race Discrimination Commissioner.\n\n#### 20 Functions of Commission\n\n  The following functions are hereby conferred on the Commission:\n    (b) to promote an understanding and acceptance of, and compliance with, this Act;\n    (c) to develop, conduct and foster research and educational programs and other programs for the purpose of:\n    (i) combating racial discrimination and prejudices that lead to racial discrimination;\n    (ii) promoting understanding, tolerance and friendship among racial and ethnic groups; and\n    (iii) propagating the purposes and principles of the Convention;\n    (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;\n    (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;\n    (f) to inquire into, and make determinations on, matters referred to it by the Minister or the Commissioner.\n\n> Note: For the provisions about inquiries into complaints of discrimination and conciliation of those complaints: see Part IIB of the Australian Human Rights Commission Act 1986.\n\n## Part IV—Offences\n\n#### 26 Unlawful acts not offences unless expressly so provided\n\n  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.\n\n#### 27 Offences relating to administration of Act\n\n  (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.\n\nPenalty for an offence against subsection (1): 10 penalty units.\n\n  (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.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (2) A person shall not:\n    (a) refuse to employ another person; or\n    (b) dismiss, or threaten to dismiss, another person from the other person’s employment; or\n    (c) prejudice, or threaten to prejudice, another person in the other person’s employment; or\n    (d) intimidate or coerce, or impose any pecuniary or other penalty upon, another person;\n  by reason that the other person:\n    (e) has made, or proposes to make, a complaint under this Act or the Australian Human Rights Commission Act 1986; or\n    (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 Australian Human Rights Commission Act 1986; or\n    (g) has attended, or proposes to attend, a conference held under this Act or the Australian Human Rights Commission Act 1986.\n\nPenalty for an offence against subsection (2):\n\n    (a) in the case of a natural person—25 penalty units or imprisonment for 3 months, or both; or\n    (b) in the case of a body corporate—100 penalty units.\n\n#### 27F Non‑disclosure of private information\n\n  (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:\n    (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; or\n    (b) make use of any such information as is mentioned in paragraph (a); or\n    (c) produce to any person a document relating to the affairs of another person furnished for the purposes of this Act.\n\nPenalty: 50 penalty units or imprisonment for 1 year, or both.\n\n  (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:\n    (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\n    (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;\n  except where it is necessary to do so for the purposes of this Act.\n  (3) Nothing in this section prohibits a person from:\n    (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; or\n    (b) divulging or communicating information, or producing a document, to any person in accordance with an arrangement in force under section 16 of the Australian Human Rights Commission Act 1986; or\n    (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.\n\n> Note: A defendant bears an evidential burden in relation to a matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n  (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:\n    (a) in the performance of a duty under or in connection with this Act; or\n    (b) in the performance or exercise of a function or power conferred on the Commission or on the Commissioner under this Act.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3A) (see subsection 13.3(3) of the Criminal Code).\n\n  (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.\n  (5) In this section:\n\n> court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.\n\n> produce includes permit access to.\n\n## Part VI—Race Discrimination Commissioner\n\n#### 29 Appointment of Race Discrimination Commissioner\n\n  (1) The Race Discrimination Commissioner shall be appointed by the Governor‑General.\n  (2) A person must not be appointed under subsection (1) as the Race Discrimination Commissioner unless the Minister is satisfied that:\n    (a) the person has appropriate qualifications, knowledge or experience; and\n    (b) the selection of the person for the appointment is the result of a process that:\n    (i) was merit‑based; and\n    (ii) included public advertising of the position.\n  (3) Paragraph (2)(b) does not apply in relation to the reappointment of a person who, immediately before the start of the period of reappointment, holds office as the Race Discrimination Commissioner under a previous appointment under subsection (1).\n\n#### 30 Terms and conditions of appointment\n\n  (1) Subject to this section, the Commissioner holds office for such period as is specified in the instrument of his or her appointment, but is eligible for re‑appointment.\n  (2) A person must not be appointed as the Race Discrimination Commissioner under section 29 for a period if the sum of the following exceeds 7 years:\n    (a) that period;\n    (b) any periods of previous appointment of the person as the Race Discrimination Commissioner under that section.\n  (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.\n\n#### 31 Remuneration of Commissioner\n\n  (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.\n  (2) The Commissioner shall be paid such allowances as are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 32 Leave of absence\n\n  (1) The Commissioner has such recreation leave entitlements as are determined by the Remuneration Tribunal.\n  (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.\n\n#### 33 Resignation\n\n  The Commissioner may resign from the office of Commissioner by writing signed by the Commissioner and delivered to the Governor‑General.\n\n#### 34 Termination of appointment\n\n  (1) The Governor‑General may terminate the appointment of the Commissioner by reason of misbehaviour or of physical or mental incapacity.\n  (2) The Governor‑General shall terminate the appointment of the Commissioner if the Commissioner:\n    (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\n    (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.\n\n#### 35 Outside employment\n\n  The Commissioner shall not, except with the approval of the Minister, engage in paid employment outside the duties of the office of Commissioner.\n\n#### 36 Acting Commissioner\n\n  (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.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n  (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.\n\n#### 40 Delegation\n\n  (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.\n  (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.\n\n## Part VII—Miscellaneous\n\n#### 44 Jurisdiction\n\n  (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.\n  (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:\n    (a) that court shall commence to exercise its jurisdiction under subsection (1); or\n    (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;\n  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.\n\n#### 45 Protection from civil actions\n\n  (1A) Subsection (1) applies in relation to any of the following persons:\n    (a) the Commission;\n    (b) the Commissioner or another member of the Commission;\n    (c) a person acting under the direction or authority of:\n    (i) the Commission; or\n    (ii) the Commissioner or another member of the Commission;\n    (d) a person acting under a delegation under section 40.\n  (1) The person 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, the Commissioner or the other member of the Commission.\n  (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.\n\n#### 45A Commissioner to furnish information\n\n  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.\n\n#### 47 Regulations\n\n  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.","sortOrder":30},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"An Act relating to the Elimination of Racial and other Discrimination\n\n  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:\n  AND WHEREAS the Convention entered into force on 2 January 1969:\n  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:\n  BE IT THEREFORE ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Racial Discrimination Act 1975.\n\n#### 2 Commencement\n\n  (1) Sections 1, 2 and 7 shall come into operation on the day on which this Act receives the Royal Assent.\n  (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.\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Aboriginal means a person who is a descendant of an indigenous inhabitant of Australia but does not include a Torres Strait Islander.\n\n> Commission means the Australian Human Rights Commission.\n\n> Commissioner means the Race Discrimination Commissioner appointed under section 29.\n\n> Commonwealth agency means an agency within the meaning of the Privacy Act 1988.\n\n> 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.\n\n> 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.\n\n> employment includes work under a contract for services, and cognate expressions have corresponding meanings.\n\n> President means President of the Commission.\n\n> principal executive, in relation to a Commonwealth agency, has the same meaning as in Part V of the Privacy Act 1988.\n\n> registered charity means an entity that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25‑5(5) of that Act.\n\n> 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.\n\n> residential accommodation includes accommodation in a dwelling‑house, flat, hotel, motel or boarding‑house or on a camping ground.\n\n> services includes services consisting of the provision of facilities by way of banking or insurance or of facilities for grants, loans, credit or finance.\n\n> Torres Strait Islander means a person who is a descendant of an indigenous inhabitant of the Torres Strait Islands.\n\n> vehicle includes a ship, an aircraft and a hovercraft.\n\n  (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.\n  (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.\n  (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.\n\n#### 4 Extension to external Territories\n\n  This Act extends to every external Territory.\n\n#### 5 Additional operation of Act\n\n  Without prejudice to its effect apart from this section, this Act also has, by force of this section, the effect it would have if:\n    (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”;\n    (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”;\n    (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”;\n    (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”;\n    (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\n    (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”.\n\n#### 6 Act binds the Crown\n\n  (1) This Act binds the Crown in each of its capacities.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n\n#### 6A Operation of State and Territory laws\n\n  (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.\n  (2) Where:\n    (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\n    (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 Australian Human Rights Commission Act 1986 alleging that the act or omission is unlawful under a provision of Part II or IIA of this Act;\n  the person shall be deemed never to have been, and is not, entitled to make a complaint or institute a proceeding under the Australian Human Rights 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.\n  (3) Where:\n    (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\n    (b) an act or omission by a person that constitutes an offence against that law also constitutes an offence against this Act;\n  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.\n\n#### 6B Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 7 Ratification of Convention\n\n  Approval is given to ratification by Australia of the Convention.\n\n## Part II—Prohibition of racial discrimination etc.\n\n#### 8 Exceptions\n\n  (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).\n  Charities\n  (2) This Part does not:\n    (a) affect a provision (whether made before or after the commencement of this Part) of the governing rules (within the meaning of the Australian Charities and Not‑for‑profits Commission Act 2012) of a registered charity, if the provision:\n    (i) confers benefits for charitable purposes; or\n    (ii) enables such benefits to be conferred;\n    on persons of a particular race, colour or national or ethnic origin; or\n    (b) make unlawful any act done to give effect to such a provision.\n\n#### 9 Racial discrimination to be unlawful\n\n  (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.\n  (1A) Where:\n    (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\n    (b) the other person does not or cannot comply with the term, condition or requirement; and\n    (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;\n  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.\n  (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.\n  (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.\n  (4) The succeeding provisions of this Part do not limit the generality of this section.\n\n#### 10 Rights to equality before the law\n\n  (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.\n  (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.\n  (3) Where a law contains a provision that:\n    (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\n    (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;\n  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.\n\n#### 11 Access to places and facilities\n\n  It is unlawful for a person:\n    (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;\n    (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\n    (c) to require another person to leave or cease to use any such place or vehicle or any such facilities;\n  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.\n\n#### 12 Land, housing and other accommodation\n\n  (1) It is unlawful for a person, whether as a principal or agent:\n    (a) to refuse or fail to dispose of any estate or interest in land, or any residential or business accommodation, to a second person;\n    (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;\n    (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;\n    (d) to refuse to permit a second person to occupy any land or any residential or business accommodation; or\n    (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;\n  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.\n  (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.\n  (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.\n\n#### 13 Provision of goods and services\n\n  It is unlawful for a person who supplies goods or services to the public or to any section of the public:\n    (a) to refuse or fail on demand to supply those goods or services to another person; or\n    (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;\n  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.\n\n#### 14 Right to join trade unions\n\n  (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.\n  (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.\n\n#### 15 Employment\n\n  (1) It is unlawful for an employer or a person acting or purporting to act on behalf of an employer:\n    (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;\n    (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\n    (c) to dismiss a second person from his or her employment;\n  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.\n  (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.\n  (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.\n  (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.\n  (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.\n\n#### 16 Advertisements\n\n  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.\n\n#### 17 Unlawful to incite doing of unlawful acts\n\n  It is unlawful for a person:\n    (a) to incite the doing of an act that is unlawful by reason of a provision of this Part; or\n    (b) to assist or promote whether by financial assistance or otherwise the doing of such an act.\n\n#### 18 Acts done for 2 or more reasons\n\n  Where:\n    (a) an act is done for 2 or more reasons; and\n    (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);\n  then, for the purposes of this Part, the act is taken to be done for that reason.\n\n#### 18A Vicarious liability\n\n  (1) Subject to subsection (2), if:\n    (a) an employee or agent of a person does an act in connection with his or her duties as an employee or agent; and\n    (b) the act would be unlawful under this Part if it were done by that person;\n  this Act applies in relation to that person as if that person had also done the act.\n  (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.\n\n#### 18AA Victimisation\n\n  (1) It is unlawful for a person to commit an act of victimisation against another person.\n\n> Note 1: See also subsection 27(2) (offences relating to administration of this Act).\n\n> Note 2: See also the definition of unlawful discrimination in the Australian Human Rights Commission Act 1986.\n\n  (2) For the purposes of subsection (1), a person (the first person) commits an act of victimisation against another person if the first person:\n    (a) refuses to employ the other person; or\n    (b) dismisses, or threatens to dismiss, the other person from the other person’s employment; or\n    (c) prejudices, or threatens to prejudice, the other person in the other person’s employment; or\n    (d) intimidates or coerces, or imposes any pecuniary or other penalty upon, the other person;\n  by reason that the other person:\n    (e) has made, or proposes to make, a complaint under this Act or the Australian Human Rights Commission Act 1986; or\n    (f) has given, or proposes to give, any information or documents to a person exercising or performing any powers or functions under this Act or the Australian Human Rights Commission Act 1986; or\n    (g) has attended, or proposes to attend, a conference held under this Act or the Australian Human Rights Commission Act 1986.\n\n## Part IIA—Prohibition of offensive behaviour based on racial hatred\n\n#### 18B Reason for doing an act\n\n  If:\n    (a) an act is done for 2 or more reasons; and\n    (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);\n  then, for the purposes of this Part, the act is taken to be done because of the person’s race, colour or national or ethnic origin.\n\n#### 18C Offensive behaviour because of race, colour or national or ethnic origin\n\n  (1) It is unlawful for a person to do an act, otherwise than in private, if:\n    (a) the act is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate another person or a group of people; and\n    (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.\n\n> Note: Subsection (1) makes certain acts unlawful. Section 46P of the Australian Human Rights Commission Act 1986 allows people to make complaints to the Australian Human Rights 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.\n\n  (2) For the purposes of subsection (1), an act is taken not to be done in private if it:\n    (a) causes words, sounds, images or writing to be communicated to the public; or\n    (b) is done in a public place; or\n    (c) is done in the sight or hearing of people who are in a public place.\n  (3) In this section:\n\n> 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.\n\n#### 18D Exemptions\n\n  Section 18C does not render unlawful anything said or done reasonably and in good faith:\n    (a) in the performance, exhibition or distribution of an artistic work; or\n    (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\n    (c) in making or publishing:\n    (i) a fair and accurate report of any event or matter of public interest; or\n    (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.\n\n#### 18E Vicarious liability\n\n  (1) Subject to subsection (2), if:\n    (a) an employee or agent of a person does an act in connection with his or her duties as an employee or agent; and\n    (b) the act would be unlawful under this Part if it were done by the person;\n  this Act applies in relation to the person as if the person had also done the act.\n  (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.\n\n#### 18F State and Territory laws not affected\n\n  This Part is not intended to exclude or limit the concurrent operation of any law of a State or Territory.\n\n## Part III—Race Discrimination Commissioner and functions of Commission\n\n### Division 1—Preliminary\n\n#### 19 Race Discrimination Commissioner\n\n  For the purposes of this Act there shall be a Race Discrimination Commissioner.\n\n#### 20 Functions of Commission\n\n  The following functions are hereby conferred on the Commission:\n    (b) to promote an understanding and acceptance of, and compliance with, this Act;\n    (c) to develop, conduct and foster research and educational programs and other programs for the purpose of:\n    (i) combating racial discrimination and prejudices that lead to racial discrimination;\n    (ii) promoting understanding, tolerance and friendship among racial and ethnic groups; and\n    (iii) propagating the purposes and principles of the Convention;\n    (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;\n    (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;\n    (f) to inquire into, and make determinations on, matters referred to it by the Minister or the Commissioner.\n\n> Note: For the provisions about inquiries into complaints of discrimination and conciliation of those complaints: see Part IIB of the Australian Human Rights Commission Act 1986.\n\n## Part IV—Offences\n\n#### 26 Unlawful acts not offences unless expressly so provided\n\n  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.\n\n#### 27 Offences relating to administration of Act\n\n  (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.\n\nPenalty for an offence against subsection (1): 10 penalty units.\n\n  (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.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (2) A person shall not:\n    (a) refuse to employ another person; or\n    (b) dismiss, or threaten to dismiss, another person from the other person’s employment; or\n    (c) prejudice, or threaten to prejudice, another person in the other person’s employment; or\n    (d) intimidate or coerce, or impose any pecuniary or other penalty upon, another person;\n  by reason that the other person:\n    (e) has made, or proposes to make, a complaint under this Act or the Australian Human Rights Commission Act 1986; or\n    (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 Australian Human Rights Commission Act 1986; or\n    (g) has attended, or proposes to attend, a conference held under this Act or the Australian Human Rights Commission Act 1986.\n\nPenalty for an offence against subsection (2):\n\n    (a) in the case of a natural person—25 penalty units or imprisonment for 3 months, or both; or\n    (b) in the case of a body corporate—100 penalty units.\n\n#### 27F Non‑disclosure of private information\n\n  (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:\n    (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; or\n    (b) make use of any such information as is mentioned in paragraph (a); or\n    (c) produce to any person a document relating to the affairs of another person furnished for the purposes of this Act.\n\nPenalty: 50 penalty units or imprisonment for 1 year, or both.\n\n  (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:\n    (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\n    (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;\n  except where it is necessary to do so for the purposes of this Act.\n  (3) Nothing in this section prohibits a person from:\n    (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; or\n    (b) divulging or communicating information, or producing a document, to any person in accordance with an arrangement in force under section 16 of the Australian Human Rights Commission Act 1986; or\n    (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.\n\n> Note: A defendant bears an evidential burden in relation to a matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n  (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:\n    (a) in the performance of a duty under or in connection with this Act; or\n    (b) in the performance or exercise of a function or power conferred on the Commission or on the Commissioner under this Act.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3A) (see subsection 13.3(3) of the Criminal Code).\n\n  (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.\n  (5) In this section:\n\n> court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.\n\n> produce includes permit access to.\n\n## Part VI—Race Discrimination Commissioner\n\n#### 29 Appointment of Race Discrimination Commissioner\n\n  (1) The Race Discrimination Commissioner shall be appointed by the Governor‑General.\n  (2) A person must not be appointed under subsection (1) as the Race Discrimination Commissioner unless the Minister is satisfied that:\n    (a) the person has appropriate qualifications, knowledge or experience; and\n    (b) the selection of the person for the appointment is the result of a process that:\n    (i) was merit‑based; and\n    (ii) included public advertising of the position.\n  (3) Paragraph (2)(b) does not apply in relation to the reappointment of a person who, immediately before the start of the period of reappointment, holds office as the Race Discrimination Commissioner under a previous appointment under subsection (1).\n\n#### 30 Terms and conditions of appointment\n\n  (1) Subject to this section, the Commissioner holds office for such period as is specified in the instrument of his or her appointment, but is eligible for re‑appointment.\n  (2) A person must not be appointed as the Race Discrimination Commissioner under section 29 for a period if the sum of the following exceeds 7 years:\n    (a) that period;\n    (b) any periods of previous appointment of the person as the Race Discrimination Commissioner under that section.\n  (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.\n\n#### 31 Remuneration of Commissioner\n\n  (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.\n  (2) The Commissioner shall be paid such allowances as are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 32 Leave of absence\n\n  (1) The Commissioner has such recreation leave entitlements as are determined by the Remuneration Tribunal.\n  (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.\n\n#### 33 Resignation\n\n  The Commissioner may resign from the office of Commissioner by writing signed by the Commissioner and delivered to the Governor‑General.\n\n#### 34 Termination of appointment\n\n  (1) The Governor‑General may terminate the appointment of the Commissioner by reason of misbehaviour or of physical or mental incapacity.\n  (2) The Governor‑General shall terminate the appointment of the Commissioner if the Commissioner:\n    (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\n    (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.\n\n#### 35 Outside employment\n\n  The Commissioner shall not, except with the approval of the Minister, engage in paid employment outside the duties of the office of Commissioner.\n\n#### 36 Acting Commissioner\n\n  (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.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n  (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.\n\n#### 40 Delegation\n\n  (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.\n  (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.\n\n## Part VII—Miscellaneous\n\n#### 44 Jurisdiction\n\n  (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.\n  (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:\n    (a) that court shall commence to exercise its jurisdiction under subsection (1); or\n    (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;\n  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.\n\n#### 45 Protection from civil actions\n\n  (1A) Subsection (1) applies in relation to any of the following persons:\n    (a) the Commission;\n    (b) the Commissioner or another member of the Commission;\n    (c) a person acting under the direction or authority of:\n    (i) the Commission; or\n    (ii) the Commissioner or another member of the Commission;\n    (d) a person acting under a delegation under section 40.\n  (1) The person 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, the Commissioner or the other member of the Commission.\n  (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.\n\n#### 45A Commissioner to furnish information\n\n  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.\n\n#### 47 Regulations\n\n  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.","sortOrder":31},{"sectionNumber":"19","sectionType":"section","heading":"Race Discrimination Commissioner","content":"#### 19 Race Discrimination Commissioner\n\n  For the purposes of this Act there shall be a Race Discrimination Commissioner.","sortOrder":32},{"sectionNumber":"20","sectionType":"section","heading":"Functions of Commission","content":"#### 20 Functions of Commission\n\n  The following functions are hereby conferred on the Commission:\n    (b) to promote an understanding and acceptance of, and compliance with, this Act;\n    (c) to develop, conduct and foster research and educational programs and other programs for the purpose of:\n    (i) combating racial discrimination and prejudices that lead to racial discrimination;\n    (ii) promoting understanding, tolerance and friendship among racial and ethnic groups; and\n    (iii) propagating the purposes and principles of the Convention;\n    (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;\n    (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;\n    (f) to inquire into, and make determinations on, matters referred to it by the Minister or the Commissioner.\n\n> Note: For the provisions about inquiries into complaints of discrimination and conciliation of those complaints: see Part IIB of the Australian Human Rights Commission Act 1986.","sortOrder":33},{"sectionNumber":"Part IV","sectionType":"part","heading":"Offences","content":"## Part IV—Offences","sortOrder":34},{"sectionNumber":"26","sectionType":"section","heading":"Unlawful acts not offences unless expressly so provided","content":"#### 26 Unlawful acts not offences unless expressly so provided\n\n  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.","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Offences relating to administration of Act","content":"#### 27 Offences relating to administration of Act\n\n  (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.\n\nPenalty for an offence against subsection (1): 10 penalty units.\n\n  (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.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (2) A person shall not:\n    (a) refuse to employ another person; or\n    (b) dismiss, or threaten to dismiss, another person from the other person’s employment; or\n    (c) prejudice, or threaten to prejudice, another person in the other person’s employment; or\n    (d) intimidate or coerce, or impose any pecuniary or other penalty upon, another person;\n  by reason that the other person:\n    (e) has made, or proposes to make, a complaint under this Act or the Australian Human Rights Commission Act 1986; or\n    (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 Australian Human Rights Commission Act 1986; or\n    (g) has attended, or proposes to attend, a conference held under this Act or the Australian Human Rights Commission Act 1986.\n\nPenalty for an offence against subsection (2):\n\n    (a) in the case of a natural person—25 penalty units or imprisonment for 3 months, or both; or\n    (b) in the case of a body corporate—100 penalty units.","sortOrder":36},{"sectionNumber":"27F","sectionType":"section","heading":"Non‑disclosure of private information","content":"#### 27F Non‑disclosure of private information\n\n  (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:\n    (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; or\n    (b) make use of any such information as is mentioned in paragraph (a); or\n    (c) produce to any person a document relating to the affairs of another person furnished for the purposes of this Act.\n\nPenalty: 50 penalty units or imprisonment for 1 year, or both.\n\n  (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:\n    (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\n    (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;\n  except where it is necessary to do so for the purposes of this Act.\n  (3) Nothing in this section prohibits a person from:\n    (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; or\n    (b) divulging or communicating information, or producing a document, to any person in accordance with an arrangement in force under section 16 of the Australian Human Rights Commission Act 1986; or\n    (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.\n\n> Note: A defendant bears an evidential burden in relation to a matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n  (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:\n    (a) in the performance of a duty under or in connection with this Act; or\n    (b) in the performance or exercise of a function or power conferred on the Commission or on the Commissioner under this Act.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3A) (see subsection 13.3(3) of the Criminal Code).\n\n  (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.\n  (5) In this section:\n\n> court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.\n\n> produce includes permit access to.","sortOrder":37},{"sectionNumber":"Part VI","sectionType":"part","heading":"Race Discrimination Commissioner","content":"## Part VI—Race Discrimination Commissioner","sortOrder":38},{"sectionNumber":"29","sectionType":"section","heading":"Appointment of Race Discrimination Commissioner","content":"#### 29 Appointment of Race Discrimination Commissioner\n\n  (1) The Race Discrimination Commissioner shall be appointed by the Governor‑General.\n  (2) A person must not be appointed under subsection (1) as the Race Discrimination Commissioner unless the Minister is satisfied that:\n    (a) the person has appropriate qualifications, knowledge or experience; and\n    (b) the selection of the person for the appointment is the result of a process that:\n    (i) was merit‑based; and\n    (ii) included public advertising of the position.\n  (3) Paragraph (2)(b) does not apply in relation to the reappointment of a person who, immediately before the start of the period of reappointment, holds office as the Race Discrimination Commissioner under a previous appointment under subsection (1).","sortOrder":39},{"sectionNumber":"30","sectionType":"section","heading":"Terms and conditions of appointment","content":"#### 30 Terms and conditions of appointment\n\n  (1) Subject to this section, the Commissioner holds office for such period as is specified in the instrument of his or her appointment, but is eligible for re‑appointment.\n  (2) A person must not be appointed as the Race Discrimination Commissioner under section 29 for a period if the sum of the following exceeds 7 years:\n    (a) that period;\n    (b) any periods of previous appointment of the person as the Race Discrimination Commissioner under that section.\n  (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.","sortOrder":40},{"sectionNumber":"31","sectionType":"section","heading":"Remuneration of Commissioner","content":"#### 31 Remuneration of Commissioner\n\n  (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.\n  (2) The Commissioner shall be paid such allowances as are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":41},{"sectionNumber":"32","sectionType":"section","heading":"Leave of absence","content":"#### 32 Leave of absence\n\n  (1) The Commissioner has such recreation leave entitlements as are determined by the Remuneration Tribunal.\n  (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.","sortOrder":42},{"sectionNumber":"33","sectionType":"section","heading":"Resignation","content":"#### 33 Resignation\n\n  The Commissioner may resign from the office of Commissioner by writing signed by the Commissioner and delivered to the Governor‑General.","sortOrder":43},{"sectionNumber":"34","sectionType":"section","heading":"Termination of appointment","content":"#### 34 Termination of appointment\n\n  (1) The Governor‑General may terminate the appointment of the Commissioner by reason of misbehaviour or of physical or mental incapacity.\n  (2) The Governor‑General shall terminate the appointment of the Commissioner if the Commissioner:\n    (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\n    (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.","sortOrder":44},{"sectionNumber":"35","sectionType":"section","heading":"Outside employment","content":"#### 35 Outside employment\n\n  The Commissioner shall not, except with the approval of the Minister, engage in paid employment outside the duties of the office of Commissioner.","sortOrder":45},{"sectionNumber":"36","sectionType":"section","heading":"Acting Commissioner","content":"#### 36 Acting Commissioner\n\n  (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.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n  (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.","sortOrder":46},{"sectionNumber":"40","sectionType":"section","heading":"Delegation","content":"#### 40 Delegation\n\n  (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.\n  (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.","sortOrder":47},{"sectionNumber":"Part VII","sectionType":"part","heading":"Miscellaneous","content":"## Part VII—Miscellaneous","sortOrder":48},{"sectionNumber":"44","sectionType":"section","heading":"Jurisdiction","content":"#### 44 Jurisdiction\n\n  (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.\n  (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:\n    (a) that court shall commence to exercise its jurisdiction under subsection (1); or\n    (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;\n  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.","sortOrder":49},{"sectionNumber":"45","sectionType":"section","heading":"Protection from civil actions","content":"#### 45 Protection from civil actions\n\n  (1A) Subsection (1) applies in relation to any of the following persons:\n    (a) the Commission;\n    (b) the Commissioner or another member of the Commission;\n    (c) a person acting under the direction or authority of:\n    (i) the Commission; or\n    (ii) the Commissioner or another member of the Commission;\n    (d) a person acting under a delegation under section 40.\n  (1) The person 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, the Commissioner or the other member of the Commission.\n  (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.","sortOrder":50},{"sectionNumber":"45A","sectionType":"section","heading":"Commissioner to furnish information","content":"#### 45A Commissioner to furnish information\n\n  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.","sortOrder":51},{"sectionNumber":"47","sectionType":"section","heading":"Regulations","content":"#### 47 Regulations\n\n  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.","sortOrder":52}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"s2(2)","severity":"low","reasoning":"Section 7 (ratification approval) commences on Royal Assent. The remaining provisions (including the operative anti-discrimination provisions) only commence once the Convention enters into force for Australia. In practice this is a sequencing oddity: the Act approves ratification before it takes operative effect, meaning the approval is given without any of the substantive obligations being in force. While this may be a deliberate drafting choice, it creates a logical gap where Parliament approves an international obligation whose domestic implementation is suspended.","confidence":0.55,"description":"Commencement contingent on Convention entering into force for Australia, but s7 (approving ratification) comes into force on Royal Assent. The Act cannot logically approve ratification of a Convention before the Convention has entered into force for Australia, yet the commencement of most operative provisions depends on that entry into force — creating a bootstrapping problem where the Act purports to approve something whose legal precondition it cannot itself satisfy."},{"type":"retroactive_impossibility","section":"s6A(2)","severity":"medium","reasoning":"The provision states the person 'shall be deemed never to have been, and is not, entitled' to make a federal complaint. A person who made a federal complaint in the period before s6A was inserted had a legally valid entitlement at that time. Retroactively deeming that entitlement never to have existed is a legal fiction that contradicts the historical legal reality and raises serious rule-of-law concerns. Furthermore, the section simultaneously terminates pending proceedings 'by force of this subsection', which compounds the retroactive effect.","confidence":0.75,"description":"Retroactive deemed-never-to-have-been-entitled provision: a person who makes a complaint under a State/Territory law is deemed 'never to have been' entitled to make a federal complaint. This retroactively extinguishes a right that, at the time it was exercised, may have been legally valid, creating an impossible retroactive legal fiction."},{"type":"other","section":"s5","severity":"low","reasoning":"The technique of deeming the Act to have additional words is a legitimate drafting mechanism under constitutional necessity (relying on the immigration power), but it creates a genuine absurdity: a reader cannot determine the full legal effect of sections 11-18 from their text alone. The actual operative law differs from the written text. This is an acknowledged absurdity of the drafting technique, not an error, but it is logically peculiar.","confidence":0.65,"description":"Section 5 purports to give the Act 'the effect it would have if' hypothetical words were inserted into other sections. This creates a textual phantom — the Act operates as though words exist that do not actually appear in the text, producing a two-tiered legislative reality that creates interpretive confusion about what the Act actually says versus what it legally means."},{"type":"self_contradicting","section":"s8(1) and s10(3)","severity":"high","reasoning":"The interaction means that a law authorising management of Indigenous property without consent (a 'special measure' in the government's view) cannot be shielded by the s8(1) exemption because s10(3) deems it subject to s10(1). This was the mechanism used in Mabo-era litigation and the Northern Territory Intervention debates. The drafting creates a genuine logical paradox: laws intended as protective special measures for Indigenous people are the very laws most exposed to challenge under the equality provision.","confidence":0.8,"description":"Section 8(1) exempts Part II from applying to special measures under Article 1(4) of the Convention, EXCEPT measures to which s10(1) applies by virtue of s10(3). Section 10(3) then deems certain property management provisions to be subject to s10(1). This creates a circular exception-to-exception structure: the general exception (s8) is itself excepted by reference to a deeming provision (s10(3)) that creates a deemed application of s10(1). The result is that the very provisions designed to protect Aboriginal and Torres Strait Islander property rights are carved out of the special measures exemption and made subject to the equality guarantee — which could paradoxically undermine protective Indigenous legislation."},{"type":"other","section":"s27(2) and s18AA","severity":"medium","reasoning":"While dual civil/criminal liability is not inherently absurd in Australian law, the complete textual duplication of the prohibited conduct across s18AA and s27(2) without any coordination provision creates uncertainty. A complainant could simultaneously pursue civil remedies under s18AA and criminal prosecution under s27(2) for the identical act. The Act provides no guidance on election, coordination or whether one pathway extinguishes the other.","confidence":0.7,"description":"Both s27(2) (criminal offence) and s18AA (civil unlawfulness) prohibit identical conduct — retaliatory acts against persons who make complaints. The same factual conduct simultaneously constitutes a criminal offence under s27(2) AND unlawful conduct under s18AA, but the consequences and procedural pathways differ. There is no provision for how these parallel regimes interact or which takes precedence."},{"type":"other","section":"s36(4)","severity":"medium","reasoning":"The text of s36 goes directly from s36(1) to s36(4) with no s36(2) or s36(3) visible. This suggests either a drafting omission in the version provided or that intervening subsections were repealed. If repealed, the cross-references in s36(4) to the remaining subsections may have lost their logical context. This is a structural absurdity in the presented text.","confidence":0.6,"description":"Section 36 governing acting appointments references subsections (1) and (4) but subsections (2) and (3) are entirely absent from the text provided. The provision jumps from subsection (1) to subsection (4), applying sections 32, 33 and 35 to acting commissioners, but the missing subsections (2) and (3) may contain conditions or qualifications that affect this application, creating a structural gap in the legislation."},{"type":"other","section":"s9(1A)","severity":"medium","reasoning":"The reasonableness threshold in s9(1A)(a) means that if a discriminatory requirement can be characterised as reasonable, it falls outside the indirect discrimination provision. This creates a logical gap where sophisticated discriminatory actors can structure requirements to appear facially reasonable while still producing racially disparate impacts that nullify equal enjoyment of rights. The provision protects against crude indirect discrimination but potentially permits refined discrimination.","confidence":0.65,"description":"The indirect discrimination provision in s9(1A) requires that a term/condition be 'not reasonable having regard to the circumstances' as a prerequisite to treating it as racial discrimination. This creates an absurdity: a racially motivated unreasonable requirement is unlawful, but an equally racially motivated requirement that happens to be objectively 'reasonable' may escape the provision entirely, despite having the same discriminatory purpose."},{"type":"other","section":"s20 (functions list)","severity":"low","reasoning":"The functions list in s20 begins at (b), skipping (a) entirely. This is most likely the result of an amendment that repealed paragraph (a) without renumbering, which is standard Australian drafting practice. However, it creates a logical absurdity in the presented text where the first function is labelled (b), implying a missing function (a) that either never existed in the current form or has been removed without trace.","confidence":0.85,"description":"Section 20 lists the Commission's functions starting at paragraph (b), with no paragraph (a). The numbering begins at (b) with no explanation for the missing (a), suggesting either a drafting error or an unrepealed cross-reference structure that has become internally inconsistent."}],"contradictions":[{"severity":"medium","section_a":"s6(1)","section_b":"s6(2)","confidence":0.85,"description":"Section 6(1) provides that the Act binds the Crown in each of its capacities. Section 6(2) provides the Crown cannot be prosecuted for an offence. Read together, the Crown is bound by all obligations (including the criminal offence provisions in Part IV) but is simultaneously immune from prosecution for breaching them. This creates a situation where the Crown has legally binding obligations it can never be held criminally accountable for violating."},{"severity":"low","section_a":"s18 (Part II — acts done for 2 or more reasons)","section_b":"s18B (Part IIA — reason for doing an act)","confidence":0.7,"description":"Both sections address mixed-motive acts but use different formulations. Section 18 (Part II) applies where race is 'one of the reasons' and the act 'is taken to be done for that reason'. Section 18B (Part IIA) applies the same logic but uses different language ('done because of'). The two Parts thus have parallel but textually distinct mixed-motive tests, creating uncertainty about whether they operate identically or whether the linguistic differences carry legal significance."},{"severity":"high","section_a":"s6A(1)","section_b":"s6A(2)","confidence":0.85,"description":"Section 6A(1) states the Act was 'never intended' to exclude or limit concurrent State/Territory laws on racial discrimination. Section 6A(2) then excludes a person from making a federal complaint if they have already taken action under State/Territory law — which is itself a limitation on federal remedies that operates as a consequence of using concurrent State/Territory law. The Act that declares it was never intended to limit concurrent operation then penalises complainants for using concurrent State/Territory remedies by extinguishing their federal rights."},{"severity":"medium","section_a":"s8(2) (charities exception, Part II)","section_b":"s18C / Part IIA (no equivalent charities exception)","confidence":0.7,"description":"Part II contains an explicit exemption for registered charities conferring race-based benefits (s8(2)). Part IIA (offensive behaviour/racial hatred) contains no equivalent charities exception. A registered charity could therefore lawfully engage in race-based benefit conferral under Part II but could simultaneously be liable under Part IIA if the manner of conferring those benefits is racially offensive. The Act creates an asymmetry where the same charitable conduct may be simultaneously lawful and unlawful depending on which Part is engaged."},{"severity":"medium","section_a":"s9(3) / s15(4) (ship/aircraft exemption)","section_b":"s9(1) (general prohibition)","confidence":0.65,"description":"Section 9(1) creates a broad general prohibition on racial discrimination in employment. Section 9(3) exempts employment on non-Australian ships/aircraft engaged outside Australia. Section 15(4) replicates this exemption for s15. However, s9(4) states the succeeding provisions of Part II do not limit the generality of s9(1). This creates a potential contradiction: the exemptions in ss9(3) and 15(4) narrow the scope of the general prohibition, yet s9(4) declares that the succeeding provisions (which include s15 and its exemptions) do not limit s9(1)'s generality — potentially meaning s9(1) applies even where ss9(3)/15(4) would exempt conduct."},{"severity":"medium","section_a":"s12(3) (shared accommodation exception)","section_b":"s16 (advertisements)","confidence":0.9,"description":"Section 12(3) renders lawful acts of racial discrimination in relation to shared accommodation. Section 16 makes it unlawful to advertise an intention to do an act that WOULD be unlawful but for s12(3). This means a person can lawfully refuse to share accommodation on racial grounds (s12(3)), but cannot advertise that they are doing so (s16). The Act thus permits the discriminatory conduct but prohibits its transparent communication, creating an absurd incentive to discriminate covertly rather than openly."},{"severity":"medium","section_a":"s27F(1) (non-disclosure obligation)","section_b":"s27F(3A) (exception for performance of duty)","confidence":0.7,"description":"Section 27F(1) creates a broad prohibition on disclosure of information acquired in performing functions under the Act. Section 27F(3A) exempts disclosures made 'in the performance of a duty under or in connection with this Act' or 'in the performance or exercise of a function or power conferred under this Act'. Since virtually all information held by Commission staff is acquired in the performance of their duties under the Act, the exception in s27F(3A) potentially swallows the rule in s27F(1), rendering the non-disclosure obligation largely redundant."},{"severity":"low","section_a":"s30(1) (eligibility for reappointment)","section_b":"s30(2) (7-year aggregate cap)","confidence":0.75,"description":"Section 30(1) states the Commissioner 'is eligible for re-appointment'. Section 30(2) limits total appointment periods to 7 years aggregate. A Commissioner who has served 7 years is technically 'eligible for re-appointment' under s30(1) but cannot in practice be reappointed because s30(2) prohibits it. Section 30(1) creates an expectation of eligibility that s30(2) simultaneously forecloses for long-serving commissioners."}]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2925},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1975 purpose of implementing the International Convention on the Elimination of All Forms of Racial Discrimination. The most substantial expansion was the insertion of Part IIA in 1995, which prohibited offensive behaviour based on racial hatred in public—moving the Act from purely economic discrimination (employment, housing) into speech regulation. Further amendments added detailed administrative structures (the Race Discrimination Commissioner regime), privacy protections for complaint data (section 27F), specific rules governing the interaction with State anti-discrimination schemes (section 6A), and protections for Indigenous property management rights (section 10(3)), creating a much broader regulatory framework than the original treaty's implementation required."},"complexity_factors":["15+ defined terms in section 3, including technical definitions like 'dispose' (which covers selling, leasing, mortgaging, etc.) and 'relative' (which includes household members and dependents)","Deeming provisions that create legal fictions: section 3(3) treats a refusal to act as an 'act'; section 5 treats the Act as if specific words about immigrants were inserted into multiple sections","Extensive cross-referencing to external legislation: Australian Human Rights Commission Act 1986, Criminal Code (for strict liability offences), Privacy Act 1988, Australian Charities and Not-for-profits Commission Act 2012, and Acts Interpretation Act 1901","Nested exceptions: section 8(1) exempts 'special measures' but preserves the operation of section 10(1) via section 10(3); sections 12(3) and 15(5) create private residential exemptions within broader prohibitions","Conditional liability structures: vicarious liability in sections 18A and 18E holds employers responsible for employee actions unless 'all reasonable steps' were taken to prevent the conduct","Complex interaction with State/Territory laws in section 6A, including deeming past complaints void and terminating pending proceedings where State laws apply","Dual-track enforcement: distinction between unlawful acts (civil) and offences (criminal) in Part IV, with specific penalty units and strict liability elements in section 27"],"plain_english_summary":"**What this law does**\n\nThe *Racial Discrimination Act 1975* is Australia’s federal law that makes it illegal to treat people unfairly because of their race, colour, ancestry (descent), or national or ethnic origin. It was created to put Australia’s international human rights treaty obligations into domestic law.\n\n**Who it affects**\n\nEveryone in Australia—including individuals, businesses, employers, landlords, unions, and government agencies (the Crown). It also covers Australia’s external territories (like Christmas Island and Norfolk Island).\n\n**What conduct is prohibited**\n\nThe Act makes it **unlawful** (meaning you can be sued or face civil penalties, though not necessarily criminal charges) to discriminate in:\n\n*   **Employment:** Refusing to hire someone, firing them, or offering worse pay or conditions because of their race.\n*   **Housing:** Refusing to rent or sell property, offering worse terms, or evicting someone based on race.\n*   **Goods and Services:** Refusing to serve someone or offering worse terms in shops, banks, insurance, or restaurants.\n*   **Public Places:** Blocking access to places or vehicles that the public can use (like hotels, parks, or transport).\n*   **Unions:** Preventing someone from joining a trade union because of their race.\n*   **Racial Hatred (Public Behaviour):** Doing something in public that is reasonably likely to offend, insult, humiliate or intimidate someone because of their race (Part IIA). *Note:* This is the controversial “18C” provision. It has exemptions for artistic works, academic debate, fair comment, and genuine news reporting.\n*   **Victimisation:** Punishing someone (e.g., sacking them) because they made a complaint under this Act.\n\n**Important exceptions**\n\n*   **Private homes:** Discrimination is allowed when renting out a room in your own home (shared accommodation).\n*   **Special measures:** Actions to help a disadvantaged racial group (affirmative action) are allowed.\n*   **Charities:** Charities can confer benefits on particular racial groups if it’s for charitable purposes.\n*   **Overseas vessels:** Discrimination laws don’t apply to employment on foreign ships or aircraft if the person was hired overseas.\n\n**How it works**\n\n*   **Complaints:** People who believe they have been discriminated against can complain to the Australian Human Rights Commission (AHRC), which tries to resolve disputes through conciliation (mediation).\n*   **Commissioner:** The Act creates the position of Race Discrimination Commissioner, who leads education and investigation efforts.\n*   **Criminal offences:** Only specific acts are crimes, such as victimising a complainant (punishable by fines or imprisonment) or obstructing the Commissioner. Most discrimination is dealt with as a civil wrong, not a crime.\n*   **State laws:** The Act operates alongside State and Territory anti-discrimination laws. If a State law covers the same issue, the federal complaint system may not be available (to avoid double-handling).\n\n**Why it matters**\n\nIt establishes a legal right to equality before the law and protects people from racism in everyday economic and social life, while balancing free speech through exemptions for public debate and artistic expression."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's original scope was primarily to implement the International Convention on Racial Discrimination, covering direct discrimination in defined areas of public life. Over time, the scope meaningfully expanded. Part IIA (sections 18B–18F), which prohibits offensive behaviour based on racial hatred, was added after the original enactment and goes beyond the Convention's requirements into the domain of public expression and speech. Section 9(1A) introduced indirect discrimination (where a neutral rule disproportionately harms a racial group), which was not part of the original framework. The addition of victimisation protections (section 18AA) and explicit vicarious liability provisions also broadened the Act beyond its original Convention-implementation purpose into a more comprehensive anti-discrimination statute."},"complexity_factors":["Multiple layered prohibition frameworks: Part II (direct discrimination) and Part IIA (racial hatred) operate separately with different tests and exemptions","Section 18C's 'reasonably likely to offend, insult, humiliate or intimidate' standard is inherently ambiguous and has generated extensive litigation","Section 18D exemptions require qualitative judgments about 'good faith', 'genuine' purpose, and 'fair' comment — all highly fact-dependent","Section 5's 'additional operation' mechanism — grafting hypothetical words onto other sections — is a structurally unusual drafting technique that is hard to follow","Section 10's automatic override of inconsistent State/Territory laws has major constitutional implications and requires comparison across multiple legal systems","Interaction between Commonwealth Act and concurrent State/Territory anti-discrimination laws, with the 'deemed never to have been entitled' rule in section 6A creating complex election-of-remedy problems","Indirect discrimination provisions (section 9(1A)) involve a multi-limbed reasonableness test applied across group-level impacts","The distinction between 'unlawful' acts (civil complaints pathway) and criminal offences is counterintuitive and frequently misunderstood","Vicarious liability provisions (sections 18A and 18E) with a 'reasonable steps' defence require factual analysis of workplace systems and procedures","Cross-referencing with the Australian Human Rights Commission Act 1986 for complaints and enforcement procedures means the full picture cannot be obtained from this Act alone"],"plain_english_summary":"## The Racial Discrimination Act 1975 — What It Does and Why It Matters\n\n### The Big Picture\nThis is one of Australia's most important civil rights laws. It makes racial discrimination (treating people unfairly because of their race, skin colour, ethnic background, or national origin) **unlawful** across most areas of everyday life. It applies to everyone in Australia — individuals, businesses, employers, governments, and even the Commonwealth itself.\n\n---\n\n### Who Does It Protect?\nEveryone in Australia can be protected by this law — regardless of their background. The law specifically covers discrimination based on:\n- **Race** (e.g., being Indigenous Australian, Asian, African, European, etc.)\n- **Colour** (skin colour)\n- **Descent** (your ancestry or heritage)\n- **National or ethnic origin** (where you or your family come from)\n- **Immigration status** (whether you are or have been an immigrant)\n\n---\n\n### What Is Actually Prohibited?\nThe Act makes it unlawful to discriminate in these areas:\n\n**1. Everyday life (Section 9)**\nAny act — by anyone — that treats people unequally based on race and undermines their basic human rights in public life is unlawful. This is the broadest catch-all provision.\n\n**2. Public places and transport (Section 11)**\nYou cannot be refused entry to, or kicked out of, public places (shops, buses, parks, etc.) because of your race.\n\n**3. Housing and land (Section 12)**\nLandlords, real estate agents, and sellers cannot refuse to rent or sell property to you because of your race, or offer you worse terms.\n\n**4. Goods and services (Section 13)**\nBusinesses that serve the public cannot refuse to serve you, or offer you worse service, because of your race. This includes banks, insurance companies, and lenders.\n\n**5. Employment (Section 15)**\nEmployers cannot refuse to hire you, pay you less, deny you training or promotion, or sack you because of your race. Recruitment agencies are also covered.\n\n**6. Trade unions (Section 14)**\nUnions cannot block you from joining because of your race.\n\n**7. Racial hatred — the famous 'Section 18C'**\nIt is unlawful for anyone to publicly do something that is **reasonably likely to offend, insult, humiliate or intimidate** a person or group because of their race. This covers social media posts, speeches, publications, and any public communication.\n\n**Important:** Section 18C breaches are **not criminal offences** — they can be complained about to the Australian Human Rights Commission (AHRC), but you won't be charged with a crime just for breaching 18C.\n\n**8. Advertising (Section 16)**\nYou cannot publish ads that signal an intention to discriminate racially (e.g., a 'No [ethnicity] need apply' job ad).\n\n**9. Incitement (Section 17)**\nEncouraging or financially supporting others to commit racial discrimination is also unlawful.\n\n**10. Victimisation (Section 18AA)**\nIt is unlawful to punish or threaten someone for making a complaint under this Act — for example, sacking an employee because they lodged a discrimination complaint.\n\n---\n\n### Exceptions — When Is It Allowed?\n- **'Special measures'**: Programs designed to help disadvantaged racial groups (like Indigenous Australians) are allowed — positive discrimination aimed at achieving equality is not banned.\n- **Registered charities**: A charity can lawfully provide benefits to people of a particular racial or ethnic background if it's for genuine charitable purposes.\n- **Shared housing**: If you're renting out a room in your own home, you can choose who you live with.\n- **Private acts**: Section 18C (racial hatred) only applies to *public* behaviour — what you say in a private conversation is generally not covered.\n- **Free speech exemptions (Section 18D)**: Even public acts that would breach Section 18C are exempt if done **reasonably and in good faith** for artistic, academic, scientific or genuine public interest purposes, including fair and accurate reporting and genuine commentary.\n\n---\n\n### Equality Before the Law (Section 10)\nIf any Australian law — federal, state, or territory — gives fewer rights to people of a particular race, this Act **automatically overrides it** to give them equal rights. This was a significant provision in historical legal battles over Indigenous land rights.\n\n---\n\n### How Is It Enforced?\n- Complaints go to the **Australian Human Rights Commission (AHRC)**, which tries to resolve them through **conciliation** (a structured negotiation process between the parties).\n- If conciliation fails, the complainant can take the matter to the **Federal Court or Federal Circuit Court**.\n- Most breaches are **civil matters** (about compensation and remedies), not criminal prosecutions.\n- **Criminal offences** are limited to: obstructing Commission officers, retaliating against complainants, and misusing confidential information obtained through Commission proceedings.\n\n---\n\n### The Race Discrimination Commissioner\nA dedicated **Race Discrimination Commissioner** is appointed to run the Commission's racial discrimination work — investigating complaints, running education programs, and promoting the purposes of the Act.\n\n---\n\n### The International Connection\nThis Act was passed specifically to implement Australia's obligations under the **International Convention on the Elimination of All Forms of Racial Discrimination** (a United Nations treaty from 1965). The Act must be read alongside this international treaty."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Within the text of the Act the operational scope is expanded in specific respects compared with the Convention categories by expressly importing protection against acts done because a person \"is or has been an immigrant\" into a number of provisions (see s 5). The Act also creates a separate civil prohibition on offensive public behaviour because of race (Part IIA, s 18C) while retaining that unlawful acts under that Part are not necessarily criminal unless Part IV makes them so (s 18C note; s 26). These textual elements broaden the Act’s practical application beyond simply restating the Convention: they extend certain protections to immigration status (s 5) and add a public‑behaviour prohibition (Part IIA)."},"complexity_factors":["Multiple overlapping Parts and provisions (Part II general discrimination rules; Part IIA offensive public behaviour; Part IV limited criminalisation) increasing legal‑route complexity.","Interplay with State and Territory laws that can operate concurrently or preclude federal complaints (s 6A), producing forum and procedural complexity.","Separation of unlawful civil acts from criminal offences (s 26) requiring careful legal classification of conduct before prosecution is possible.","Vicarious liability rules with a statutory defence if all reasonable steps were taken (ss 18A, 18E(2)) create fact‑sensitive inquiries for employers and principals.","Specific exceptions and carve‑outs (special measures under the Convention, registered charities, private domestic sharing) that require contextual interpretation (s 8; ss 12(3), 15(5)).","Definitions and cross‑references across sections (s 3 definitions; s 5 additions regarding immigrant status) that affect scope and application.","Administrative architecture and discretionary powers (Commission guidance and intervention (s 20), Ministerial role in appointments (s 29)) requiring judgement calls by public actors."],"plain_english_summary":"What this law does, mechanically\n\n- Prohibits discrimination based on race, colour, descent, or national or ethnic origin in many parts of public life (including access to places and facilities, housing and land, goods and services, trade‑union membership, employment, and public behaviour) (see Part II, ss 9–17, 18C).\n- Creates a separate prohibition on offensive behaviour done publicly because of race, colour or national or ethnic origin (Part IIA, s 18C), but clarifies that such unlawful acts are not automatically criminal offences unless Part IV says so (s 18C note; s 26).\n- Establishes the Race Discrimination Commissioner and gives functions to the Australian Human Rights Commission (the Commission) to promote compliance, publish guidance, run education and research programs, and, with court leave, intervene in proceedings (ss 19–20).\n- Provides specific procedural and enforcement rules: many discriminatory acts are actionable but not criminal unless expressly made an offence (s 26); there are criminal penalties for obstructing administration of the Act and for specified victimisation and disclosure offences (ss 27, 27F).\n- Imposes vicarious liability in many cases so employers and principals can be treated as having done unlawful acts committed by employees or agents, unless the defendant proves it took all reasonable steps to prevent the act (ss 18A, 18E(2)).\n- Makes the Act bind the Crown but exempts the Crown from prosecution for offences (s 6); states that Chapter 2 of the Criminal Code applies to offences under the Act (s 6B).\n- Specifies that State and Territory laws that further the Convention may operate concurrently and, in some circumstances, preclude parallel complaints under federal processes (s 6A). It also preserves concurrent State/Territory laws for Part IIA (s 18F).\n- Defines key terms and extends operation to external Territories (s 3; s 4). Section 5 expressly extends the Act’s effect to acts done because a person is or has been an immigrant in certain provisions.\n- Sets appointment, term limits, conditions and dismissal grounds for the Race Discrimination Commissioner (ss 29–36), and allows delegation of powers by the Commission and the Commissioner (s 40).\n\nOfficial purpose claim and legislative source\n\n- The Act states its purpose is to give effect to the International Convention on the Elimination of All Forms of Racial Discrimination (the Convention) and to prohibit racial discrimination (recitals; s 7 ratifies the Convention). The text then implements that purpose by defining unlawful conduct, establishing an enforcement/administrative architecture, and providing exceptions and penalties (Parts II, IIA, III, IV, VI).\n\nTesting the stated purpose against costs, incentives and trade‑offs (source‑grounded)\n\n- Who pays: private persons and entities that commit unlawful discriminatory acts face legal consequences and may have to change behaviour to avoid liability or penalties. Employers, service suppliers, landlords and advertisers are directly required to modify practices to comply (examples: ss 11, 12, 13, 15, 16). A person or body corporate guilty of specified administration‑related offences can face penalty units or imprisonment (s 27; s 27F).\n\n- Who decides: the Commission and Commissioner are charged with promoting compliance, publishing guidance and conducting programs (s 20). The Minister and Governor‑General exercise appointment and termination powers for the Commissioner (ss 29, 34). Courts determine legal liability and impose penalties; the Act invests State and Territory courts with jurisdiction to hear proceedings under the Act (s 44).\n\n- Compliance burden and private choice: firms that supply goods/services, employers, landlords and public venues must assess their terms, advertising and conduct against the Act’s prohibitions (ss 11–15, 16). Vicarious liability provisions mean principals should put in place reasonable preventative steps to avoid being liable for staff conduct (ss 18A, 18E(2)). Registered charities have a specific carve‑out allowing rules that confer charitable benefits on persons of a particular race (s 8(2)).\n\n- Bureaucratic discretion and implementation risk: the Minister must be satisfied that an appointee meets qualification and merit‑based selection requirements before the Governor‑General appoints the Commissioner (s 29(2) — discretion rests with the Minister); the Commission has discretion about when to intervene in litigation (s 20(e)) and about how to publish guidance (s 20(d)). Section 6A allows State/Territory laws that further the Convention to operate concurrently and, in some cases, prevents duplicate federal complaints — this creates a procedural interaction where the choice of forum (State vs federal process) and timing of complaints affects remedies (s 6A).\n\n- Trade‑offs and opportunity costs: the Act imposes obligations that can change commercial and hiring practices (ss 12, 13, 15). At the same time it preserves some space for affirmative or \"special measures\" consistent with Article 1(4) of the Convention (s 8(1)) and for legitimate private domestic sharing arrangements (ss 12(3), 15(5)). The Act separates unlawful civil acts from criminal sanctioning except where Part IV expressly makes them offences (s 26), which affects the route for enforcement (administrative complaint and civil proceedings rather than automatic criminal prosecution).\n\n- Concentrated benefits and diffuse costs: the protections are focused at persons subject to discriminatory conduct; compliance costs are borne by a wide range of public‑facing actors (employers, service providers, property managers). Charities receive a limited exemption for rules conferring charitable benefits on persons of a particular race (s 8(2)).\n\nKey operational risks and limits\n\n- Many unlawful acts remain civil/administrative rather than criminal unless Part IV provides otherwise (s 26; note on s 18C).\n- The Act binds the Crown but does not make the Crown liable to be prosecuted for an offence (s 6).\n- Concurrent State/Territory laws may preclude federal complaints in specific circumstances (s 6A(2)).\n\nPractical takeaways (who pays, who decides, what changes)\n\n- Who pays: people and organisations that discriminate (employers, landlords, service providers, advertisers) face civil remedies and, for some administrative offences, penalties (ss 11–15; ss 27, 27F).\n- Who decides: the Commission (with the Race Discrimination Commissioner) promotes compliance and provides guidance (s 20); ministers and the Governor‑General make key appointment decisions (s 29); courts enforce the Act (s 44).\n- Behaviour change required: public‑facing entities should review policies, advertising, and staff conduct; employers should implement reasonable preventative steps to limit vicarious liability; complainants should consider State/Territory remedies where available because of s 6A.\n\nSource references: selected provisions cited in parentheses above (for example, ss 3, 4, 5, 6, 6A, 6B, 7, 8–18, 18A, 18B–18F, 19–20, 26–27, 27F, 29–36, 40, 44, 45, 47)."}},"importantCases":[],"_links":{"self":"/api/acts/racial-discrimination-act-1975","history":"/api/acts/racial-discrimination-act-1975/history","analysis":"/api/acts/racial-discrimination-act-1975/analysis","conflicts":"/api/acts/racial-discrimination-act-1975/conflicts","importantCases":"/api/acts/racial-discrimination-act-1975/important-cases","documents":"/api/acts/racial-discrimination-act-1975/documents"}}