9Application of Act

#### 9 Application of Act (1) In this section: > Australia includes the external Territories. > prescribed provisions of Division 3 of Part II means the provisions of Division 3 of Part II other than sections 28D and 28L. > prescribed provisions of Part II means the provisions of Divisions 1 and 2 of Part II other than sections 19, 26 and 27. (2) Subject to this section, this Act applies throughout Australia. (3) This Act has effect in relation to acts done within a Territory. (4) The prescribed provisions of Part II, and the prescribed provisions of Division 3 of Part II, have effect as provided by subsection (3) of this section and the following provisions of this section and not otherwise. (5) Sections 14, 15 and 16 have effect in relation to discrimination against: (a) Commonwealth employees in connection with their employment as Commonwealth employees; and (b) persons seeking to become Commonwealth employees. (5A) Section 28B has effect in relation to sexual harassment, or harassment on the ground of sex, of: (a) Commonwealth employees in connection with their employment as Commonwealth employees; and (b) persons seeking to become Commonwealth employees. (6) Section 18 has effect in relation to discrimination by an authority or body in the exercise of a power under a Commonwealth law to confer, renew, extend, revoke or withdraw an authorization or qualification. (6A) Section 28C has effect in relation to sexual harassment, or harassment on the ground of sex, by an authority or body in the exercise of a power under a Commonwealth law to confer, renew, extend, revoke or withdraw an authorisation or qualification. (7) The prescribed provisions of Part II have effect in relation to acts done, by or on behalf of: (a) the Commonwealth or the Administration of a Territory; or (b) a body or authority established for a public purpose by a law of the Commonwealth or a law of a Territory; in the exercise of a power conferred by a law of the Commonwealth or a law of a Territory. (8) The prescribed provisions of Division 3 of Part II have effect in relation to acts done by a person exercising, by or on behalf of: (a) the Commonwealth or the Administration of a Territory; or (b) a body or authority established for a public purpose by a law of the Commonwealth or a law of a Territory; a power conferred by a law of the Commonwealth or a law of a Territory, being acts done by the person in connection with the exercise of that power. (9) The prescribed provisions of Division 3 of Part II have effect in relation to acts done by or in relation to a person who is a Commonwealth employee in connection with the person’s duties as a Commonwealth employee or done by or in relation to a person who is a member of the staff of an educational institution established by a law of the Commonwealth or a law of a Territory in connection with the person’s duties as a member of the staff of such an educational institution. (10) The prescribed provisions of Part II, and the prescribed provisions of Division 3 of Part II, have effect to the extent that the provisions give effect to a relevant international instrument. (11) The prescribed provisions of Part II have effect in relation to discrimination by a foreign corporation, or a trading or financial corporation formed within the limits of the Commonwealth, or by or in relation to a person in the course of the person’s duties or purported duties as an officer or employee of such a corporation. (12) The prescribed provisions of Division 3 of Part II have effect in relation to acts done, by or in relation to a person who is an officer or employee of a foreign corporation, or of a trading or financial corporation formed within the limits of the Commonwealth, in connection with the person’s duties as such an officer or employee. (13) Without prejudice to the effect of subsection (11), the prescribed provisions of Part II have effect in relation to discrimination by a trading or financial corporation formed within the limits of the Commonwealth, or by or in relation to a person in the course of the person’s duties or purported duties as an officer or employee of such a corporation, to the extent that the discrimination takes place in the course of the trading activities of the trading corporation or the financial activities of the financial corporation, as the case may be. (14) Without prejudice to the effect of subsection (12), the prescribed provisions of Division 3 of Part II have effect in relation to acts done, by or in relation to a person who is an officer or employee of a trading or financial corporation formed within the limits of the Commonwealth, in connection with any of the person’s duties as such an officer or employee that relate to the trading activities of the trading corporation or the financial activities of the financial corporation, as the case may be. (15) The prescribed provisions of Part II have effect in relation to discrimination in the course of, or in relation to, the carrying on of the business of: (a) banking, other than State banking not extending beyond the limits of the State concerned; or (b) insurance, other than State insurance not extending beyond the limits of the State concerned. (16) The prescribed provisions of Division 3 of Part II have effect in relation to acts done in the course of, or in relation to, the carrying on of the business of: (a) banking, other than State banking not extending beyond the limits of the State concerned; or (b) insurance, other than State insurance not extending beyond the limits of the State concerned. (17) The prescribed provisions of Part II have effect in relation to discrimination in the course of, or in relation to, trade or commerce: (a) between Australia and a place outside Australia; (b) among the States; (c) between a State and a Territory; or (d) between 2 Territories. (18) The prescribed provisions of Division 3 of Part II have effect in relation to acts done in the course of, or in relation to, trade or commerce: (a) between Australia and a place outside Australia; (b) among the States; (c) between a State and a Territory; or (d) between 2 Territories. (19) The prescribed provisions of Part II have effect in relation to discrimination within Australia involving persons or things, or matters arising, outside Australia. (20) The prescribed provisions of Division 3 of Part II have effect in relation to acts done within Australia involving persons or things, or matters arising, outside Australia. (21) The prescribed provisions of Division 3 of Part II have effect in relation to acts done using a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution).