Racial Discrimination Act 1975
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Short title
This Act may be cited as the Racial Discrimination Act 1975.
Section 2 — Commencement
(1) Sections 1, 2 and 7 shall come into operation on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act shall come into operation on a day to be fixed by…
Section 3 — Interpretation
(1) In this Act, unless the contrary intention appears: Aboriginal means a person who is a descendant of an indigenous inhabitant of Australia but does not include a Torres Strait Islander.…
Section 4 — Extension to external Territories
This Act extends to every external Territory.
Section 5 — Additional operation of Act
Without prejudice to its effect apart from this section, this Act also has, by force of this section, the effect it would have if: (a) there were added at the end of sections 11 and 13 the words “or…
Section 6 — Act binds the Crown
(1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to be prosecuted for an offence.
Section 6A — Operation of State and Territory laws
(1) This Act is not intended, and shall be deemed never to have been intended, to exclude or limit the operation of a law of a State or Territory that furthers the objects of the Convention and is…
Section 6B — Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Section 7 — Ratification of Convention
Approval is given to ratification by Australia of the Convention.
Section 8 — Exceptions
(1) This Part does not apply to, or in relation to the application of, special measures to which paragraph 4 of Article 1 of the Convention applies except measures in relation to which subsection…
Section 9 — Racial discrimination to be unlawful
(1) It is unlawful for a person to do any act involving a distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin which has the purpose or effect…
Section 10 — Rights to equality before the law
(1) If, by reason of, or of a provision of, a law of the Commonwealth or of a State or Territory, persons of a particular race, colour or national or ethnic origin do not enjoy a right that is…
Section 11 — Access to places and facilities
It is unlawful for a person: (a) to refuse to allow another person access to or use of any place or vehicle that members of the public are, or a section of the public is, entitled or allowed to enter…
Section 12 — Land, housing and other accommodation
(1) It is unlawful for a person, whether as a principal or agent: (a) to refuse or fail to dispose of any estate or interest in land, or any residential or business accommodation, to a second person;…
Section 13 — Provision of goods and services
It is unlawful for a person who supplies goods or services to the public or to any section of the public: (a) to refuse or fail on demand to supply those goods or services to another person; or (b)…
Section 14 — Right to join trade unions
(1) Any provision of the rules or other document constituting, or governing the activities of, a trade union that prevents or hinders a person from joining that trade union by reason of the race,…
Section 15 — Employment
(1) It is unlawful for an employer or a person acting or purporting to act on behalf of an employer: (a) to refuse or fail to employ a second person on work of any description which is available and…
Section 16 — Advertisements
It is unlawful for a person to publish or display, or cause or permit to be published or displayed, an advertisement or notice that indicates, or could reasonably be understood as indicating, an…
Section 17 — Unlawful to incite doing of unlawful acts
It is unlawful for a person: (a) to incite the doing of an act that is unlawful by reason of a provision of this Part; or (b) to assist or promote whether by financial assistance or otherwise the…
Section 18 — Acts done for 2 or more reasons
Where: (a) an act is done for 2 or more reasons; and (b) one of the reasons is the race, colour, descent or national or ethnic origin of a person (whether or not it is the dominant reason or a…
Section 18A — Vicarious liability
(1) Subject to subsection (2), if: (a) an employee or agent of a person does an act in connection with his or her duties as an employee or agent; and (b) the act would be unlawful under this Part if…
Section 18AA — Victimisation
(1) It is unlawful for a person to commit an act of victimisation against another person. Note 1: See also subsection 27(2) (offences relating to administration of this Act). Note 2: See also the…
Section 18B — Reason for doing an act
If: (a) an act is done for 2 or more reasons; and (b) one of the reasons is the race, colour or national or ethnic origin of a person (whether or not it is the dominant reason or a substantial reason…
Section 18C — Offensive behaviour because of race, colour or national or ethnic origin
(1) It is unlawful for a person to do an act, otherwise than in private, if: (a) the act is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate another person or a…
Section 18D — Exemptions
Section 18C does not render unlawful anything said or done reasonably and in good faith: (a) in the performance, exhibition or distribution of an artistic work; or (b) in the course of any statement,…
Section 18E — Vicarious liability
(1) Subject to subsection (2), if: (a) an employee or agent of a person does an act in connection with his or her duties as an employee or agent; and (b) the act would be unlawful under this Part if…
Section 18F — State and Territory laws not affected
This Part is not intended to exclude or limit the concurrent operation of any law of a State or Territory.
Section 19 — Race Discrimination Commissioner
For the purposes of this Act there shall be a Race Discrimination Commissioner.
Section 20 — Functions of Commission
The following functions are hereby conferred on the Commission: (b) to promote an understanding and acceptance of, and compliance with, this Act; (c) to develop, conduct and foster research and…
Section 26 — Unlawful acts not offences unless expressly so provided
Except as expressly provided by this Part, nothing in this Act makes it an offence to do an act or agree with another person to do an act that is unlawful by reason of a provision of Part II or Part…
Section 27 — Offences relating to administration of Act
(1) A person shall not hinder, obstruct, molest or interfere with a person exercising or performing any of the powers or functions referred to in this Act. Penalty for an offence against subsection…
Section 27F — Non-disclosure of private information
(1) A person who is, or has at any time been, the Commissioner, a member of the Commission or a member of the staff assisting the Commission or is, or has at any time been, authorised to perform or…
Section 29 — Appointment of Race Discrimination Commissioner
(1) The Race Discrimination Commissioner shall be appointed by the Governor-General. (2) A person must not be appointed under subsection (1) as the Race Discrimination Commissioner unless the…
Section 30 — Terms and conditions of appointment
(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. (2) A person must not be…
Section 31 — Remuneration of Commissioner
(1) The Commissioner shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, the Commissioner…
Section 32 — Leave of absence
(1) The Commissioner has such recreation leave entitlements as are determined by the Remuneration Tribunal. (2) The Minister may grant the Commissioner leave of absence, other than recreation leave,…
Section 33 — Resignation
The Commissioner may resign from the office of Commissioner by writing signed by the Commissioner and delivered to the Governor-General.
Section 34 — Termination of appointment
(1) The Governor-General may terminate the appointment of the Commissioner by reason of misbehaviour or of physical or mental incapacity. (2) The Governor-General shall terminate the appointment of…
Section 35 — Outside employment
The Commissioner shall not, except with the approval of the Minister, engage in paid employment outside the duties of the office of Commissioner.
Section 36 — Acting Commissioner
(1) The Minister may appoint a person to act in the office of Commissioner during any period, or during all periods, when the Commissioner is absent from duty or from Australia or during a vacancy in…
Section 40 — Delegation
(1) The Commission may, by writing under its seal, delegate to a member of its staff, or to another person, all or any of the powers conferred on the Commission under this Act. (2) The Commissioner…
Section 44 — Jurisdiction
(1) The several courts of the States are invested with federal jurisdiction, and jurisdiction is conferred on the several courts of the Territories, within the limits of their several jurisdictions,…
Section 45 — Protection from civil actions
(1A) Subsection (1) applies in relation to any of the following persons: (a) the Commission; (b) the Commissioner or another member of the Commission; (c) a person acting under the direction or…
Section 45A — Commissioner to furnish information
The Commissioner shall furnish to the Commission such information relating to the Commissioner’s operations under this Act as the Commission from time to time requires.
Section 47 — Regulations
The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for…