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Racial Discrimination Act 1975

  • - C2004C06316
  • In force - Superseded Version
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Act No. 52 of 1975 as amended, taking into account amendments up to Act No. 59 of 1995
Registered 07 Dec 2009
Start Date 28 Jun 1995
End Date 12 Oct 1995

RACIAL DISCRIMINATION ACT 1975
- Updated as at 17 July 1995 (HISTACT CHAP 2044 #DATE 17:07:1995)

*1* The Racial Discrimination Act 1975 as shown in this reprint comprises Act No. 52, 1975 amended as indicated in the Tables below.
The Racial Discrimination Act 1975 was modified by the A.C.T. Self-Government (Consequential Provisions) Regulations as amended. (See Note 2)
Table of Acts
Act Date Date of Application
Number and of assent commencement saving or
year transitional
provisions
Racial Discrimination Act 1975
52, 1975 11 June 1975 Ss. 1, 2 and 7: Royal Assent
Remainder: 31 Oct 1975 (see Gazette
1975, No. S221)
Administrative Changes (Consequential Provisions) Act 1976
91, 1976 20 Sept 1976 S. 3: (a) S. 4
Racial Discrimination Amendment Act 1980
18, 1980 23 Apr 1980 10 Dec 1981 (see s. 2 and Gazette
1981, No. G49, p. 2)
-
as amended by
25, 1981 14 Apr 1981 10 Dec 1981 (see s. 2 and Gazette
1981, No. G49, p. 2)
-
Racial Discrimination Amendment Act 1983
38, 1983 19 June 1983 19 June 1983 -
Human Rights and Equal Opportunity Commission (Transitional
Provisions and Consequential Amendments) Act 1986
126, 1986 6 Dec 1986 10 Dec 1986 (see s. 2 and Gazette
1986, No. S631)
Ss. 31-34
Statute Law (Miscellaneous Provisions) Act 1988
38, 1988 3 June 1988 S. 3: Royal Assent (b)
S. 5 (1)
Law and Justice Legislation Amendment Act 1990
115, 1990 21 Dec 1990 S. 49: Royal Assent (c)
-
Human Rights and Equal Opportunity Legislation Amendment Act 1992
132, 1992 30 Oct 1992 26 Nov 1992 (see s. 2 and Gazette
1992, No. S346)
-
Law and Justice Legislation Amendment Act (No. 3) 1992
165, 1992 11 Dec 1992 S. 4 (Schedule (Part 2)): 8 Jan
1993 (d) S. 3 (2)
Sex Discrimination and other Legislation Amendment Act 1992
179, 1992 16 Dec 1992 13 Jan 1993 Ss. 2 (2) and 4
Law and Justice Legislation Amendment Act 1993
13, 1994 18 Jan 1994 Part 4 (ss. 17-20): Royal Assent
(e) S. 18 (2)
Human Rights Legislation Amendment Act 1995
59, 1995 28 June 1995 S. 3 (item 25): 30 Oct 1992
Remainder: Royal Assent
Ss. 4 and 5
(a) The Racial Discrimination Act 1975 was amended by section 3 only of the Administrative Changes (Consequential Provisions) Act 1976, subsection 2 (7) of which provides as follows:
"(7) The amendments of each other Act specified in the Schedule made by this Act shall be deemed to have come into operation on 22 December 1975."
(b) The Racial Discrimination Act 1975 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent."
(c) The Racial Discrimination Act 1975 was amended by section 49 only of the Law and Justice Legislation Amendment Act 1990, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent."
(d) The Racial Discrimination Act 1975 was amended by section 4 (Schedule (Part 2)) only of the Law and Justice Legislation Amendment Act (No. 3) 1992, subsection 2 (7) of which provides as follows:
"(7) Part 2 of the Schedule commences on the 28th day after the day on which this Act receives the Royal Assent."
(e) The Racial Discrimination Act 1975 was amended by Part 4 (sections 17-20) only of the Law and Justice Legislation Amendment Act 1993, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent."
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
S. 2
am. No. 91, 1976; No. 126, 1986
S. 3
am. No. 18, 1980 (as am. by No. 25, 1981); No.
126, 1986; No. 38, 1988; No. 179, 1992
S. 4
am. No. 18, 1980
S. 6
am. No. 18, 1980
rs. No. 126, 1986
S. 6A
ad. No. 38, 1983
am. No. 126, 1986
S. 9
am. No. 115, 1990
S. 10
am. No. 18, 1980; No. 126, 1986
S. 12
am. No. 126, 1986
Ss. 15, 16
am. No. 126, 1986
Part III (ss. 19, 20, 20A, 21-25)
rep. No. 126, 1986
Part III (ss. 19-24, 24A-24F, 25, 25A-25Z, 25ZA-25ZC)
ad. No. 126, 1986
S. 18
rs. No. 115, 1990
S. 18A
ad. No. 115, 1990
S. 19
rs. No. 126, 1986
S. 19A
ad. No. 179, 1992
S. 20
am. No. 18, 1980 (as am. by No. 25, 1981)
rs. No. 126, 1986
S. 20A
ad. No. 18, 1980
rep. No. 126, 1986
S. 21
am. No. 18, 1980
rs. No. 126, 1986
S. 22
am. No. 18, 1980
rs. No. 126, 1986
am. No. 179, 1992
S. 23
am. No. 18, 1980
rs. No. 126, 1986
S. 24
am. No. 18, 1980
rs. No. 126, 1986
am. No. 38, 1988; No. 165, 1992
Ss. 24AA, 24AB
ad. No. 165, 1992
Ss. 24A-24F
ad. No. 126, 1986
S. 25
rs. No. 126, 1986
Ss. 25A-25K
ad. No. 126, 1986
Ss. 25L, 25M
ad. No. 126, 1986
rs. No. 179, 1992
S. 25MA
ad. No. 179, 1992
S. 25N
ad. No. 126, 1986
am. No. 179, 1992
S. 25O
ad. No. 126, 1986
S. 25P
ad. No. 126, 1986
rs. No. 179, 1992
Ss. 25Q-25U
ad. No. 126, 1986
S. 25V
ad. No. 126, 1986
am. No. 179, 1992
Ss. 25W, 25X
ad. No. 126, 1986
S. 25Y
ad. No. 126, 1986
am. No. 179, 1992
S. 25Z
ad. No. 126, 1986
am. No. 38, 1988; No. 179, 1992
S. 25ZA
ad. No. 126, 1986
am. No. 165, 1992
rs. No. 179, 1992
S. 25ZAA
ad. No. 179, 1992
rep. No. 59, 1995
S. 25ZAB
ad. No. 179, 1992
am. No. 13, 1994
rep. No. 59, 1995
S. 25ZAC
ad. No. 179, 1992
rep. No. 59, 1995
S. 25ZB
ad. No. 126, 1986
S. 25ZC
ad. No. 126, 1986
am. No. 179, 1992; No. 13, 1994
rep. No. 59, 1995
Div. 3A of Part III (ss. 25ZC, 25ZCA-25ZCF)
ad. No. 59, 1995
S. 25ZC
rs. No. 59, 1995
Ss. 25ZCA-25ZCF
ad. No. 59, 1995
Div. 4 of Part III (ss. 25ZD-25ZI)
ad. No. 179, 1992
Ss. 25ZD-25ZI
ad. No. 179, 1992
S. 27
am. No. 18, 1980; No. 126, 1986
Ss. 27A-27F
ad. No. 126, 1986
S. 28
am. No. 91, 1976; No. 18, 1980; No. 126, 1986
Heading to Div. 1 of Part VI
rs. No. 126, 1986
S. 29
rs. No. 126, 1986
am. No. 59, 1995
S. 30
rs. No. 126, 1986
S. 31
am. No. 126, 1986; No. 59, 1995
S. 32
am. No. 91, 1976
rs. No. 132, 1992
S. 33
am. No. 126, 1986
S. 34
am. No. 91, 1976; No. 126, 1986; No. 132, 1992
S. 35
am. No. 91, 1976; No. 126, 1986
S. 36
am. No. 91, 1976; No. 126, 1986; No. 132,
1992; No. 13, 1994
S. 37
rep. No. 126, 1986
S. 38
rep. No. 18, 1980
S. 39
rep. No. 126, 1986
S. 40
rs. No. 18, 1980
am. No. 126, 1986; No. 132, 1992
S. 41
am. No. 91, 1976; No. 126, 1986
S. 42
am. No. 126, 1986; No. 59, 1995
S. 43
am. No. 126, 1986
S. 44A
ad. No. 18, 1980
rep. No. 126, 1986
S. 45
am. No. 18, 1980
rep. No. 126, 1986
ad. No. 38, 1988
S. 45A
ad. No. 18, 1980
am. No. 126, 1986
S. 46
am. No. 91, 1976
rep. No. 18, 1980
S. 47
am. No. 126, 1986
#ADD 1:8:1995

RACIAL DISCRIMINATION ACT 1975 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS
Section
PART I - PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Extension to external Territories
5. Additional operation of Act
6. Act binds the Crown
6A. Operation of State and Territory laws
7. Ratification of Convention
PART II - PROHIBITION OF RACIAL DISCRIMINATION
8. Exceptions
9. Racial discrimination to be unlawful
10. Rights to equality before the law
11. Access to places and facilities
12. Land, housing and other accommodation
13. Provision of goods and services
14. Right to join trade unions
15. Employment
16. Advertisements
17. Unlawful to incite doing of unlawful acts
18. Acts done for 2 or more reasons
18A. Vicarious liability
PART III - INQUIRIES AND CIVIL PROCEEDINGS
Division 1 - Preliminary
19. Race Discrimination Commissioner
19A. Part applies to victimisation offences
20. Functions of Commission
21. Function of Commissioner
22. Complaints
23. Commissioner deemed to be a complainant
Division 2 - Inquiries by Commissioner
24. Inquiries by Commissioner
24AA. President may review a decision of the Commissioner not
to hold an inquiry or to discontinue an inquiry
24AB. Review by President - interim determination
24A. Application for interim determination under section 25Y
24B. Power to obtain information and documents
24C. Directions to persons to attend compulsory conference
24D. Compulsory conference
24E. Reference of matters to the Commission
Division 3 - Inquiries by Human Rights and Equal
Opportunity Commission
24F. Minister may appoint persons to participate in
inquiries
25. Reference of matter to the Commission by the Minister
25A. Inquiries into complaints
25B. Exercise of inquiry powers by Commission
25C. Single inquiry in relation to several complaints
25D. Joinder of parties by the Commission
25E. Notice of inquiry and rights of parties at inquiry
25F. Parties to an inquiry
25G. Right of appearance and to representation
25H. Inquiries may be held in private
25J. Commission may prohibit publication of evidence etc.
25K. Counsel assisting the Commission
25L. Conditions for making a representative complaint
25M. Commission may determine that a complaint is not to
continue as a representative complaint
25MA. Additional rules applying to the determination of
representative complaints
25N. Amendment of representative complaints
25P. Class member for representative complaint not entitled
to lodge individual complaint
25Q. Resolution of complaint by conciliation
25R. Evidence and findings in other proceedings
25S. Powers of Commission to take evidence
25T. Fees for witnesses
25U. Retention and copying of documents
25V. Application of rules of evidence etc.
25W. Consideration of exceptions and exemptions
25X. Commission may dismiss frivolous etc. complaints
25Y. Making of interim determination
25Z. Determination or other decision of the Commission
25ZA. Determination must identify the class members who are
to be affected by the determination
25ZB. Assistance in proceedings before Commission
Division 3A - Enforcement of determinations involving
respondents other than Commonwealth agencies
Subdivision A - Determinations made after
commencement of Division
25ZC. Proceedings in the Federal Court to enforce a
determination
25ZCA. Assistance in proceedings before the Federal Court
Subdivision B - Determinations made from 13 January
1993 to commencement of Division
25ZCB. Interpretation
25ZCC. Proceedings in the Federal Court in relation to a
Subdivision B determination
25ZCD. Federal Court may vary order made under section 25ZCC
if a court determines recovery proceedings
25ZCE. Assistance in proceedings before the Federal Court
25ZCF. Subdivision does not create right for respondent to
determination to commence proceedings
Division 4 - Review and enforcement of determinations
involving Commonwealth agencies
25ZD. Application of Division
25ZE. Obligations of respondent agency
25ZF. Obligations of principal executive of agency
25ZG. Damages
25ZH. Review of determinations regarding damages
25ZI. Enforcement of determination against Commonwealth
agency
PART IV - OFFENCES
26. Unlawful acts not offences unless expressly so provided
27. Offences relating to administration of Act
27A. Failure to attend conference
27B. Failure to furnish information etc.
27C. Offences in relation to Commission
27D. Self-incrimination
27E. False or misleading information
27F. Non-disclosure of private information
PART V - COMMUNITY RELATIONS COUNCIL
28. Establishment and functions of Council
PART VI - ADMINISTRATIVE PROVISIONS
Division 1 - Race Discrimination Commissioner
29. Appointment of Race Discrimination Commissioner
30. Terms and conditions of appointment
31. Remuneration of Commissioner
32. Leave of absence
33. Resignation
34. Termination of appointment
35. Outside employment
36. Acting Commissioner
40. Delegation
Division 2 - Community Relations Council
41. Constitution of Council
42. Remuneration of members
43. Meetings of Council
PART VII - MISCELLANEOUS
44. Jurisdiction
45. Protection from civil actions
45A. Commissioner to furnish information
47. Regulations
SCHEDULE
INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL
FORMS OF RACIAL DISCRIMINATION

RACIAL DISCRIMINATION ACT 1975 - LONG TITLE

SECT

An Act relating to the Elimination of Racial
and other Discrimination

RACIAL DISCRIMINATION ACT 1975 - PREAMBLE

SECT

WHEREAS a Convention entitled the "International Convention on the Elimination of all Forms of Racial Discrimination" (being the Convention a copy of the English text of which is set out in the Schedule) was opened for signature on 21 December 1965:
AND WHEREAS the Convention entered into force on 2 January 1969:
AND WHEREAS it is desirable, in pursuance of all relevant powers of the Parliament, including, but not limited to, its power to make laws with respect to external affairs, with respect to the people of any race for whom it is deemed necessary to make special laws and with respect to immigration, to make the provisions contained in this Act for the prohibition of racial discrimination and certain other forms of discrimination and, in particular, to make provision for giving effect to the Convention:
BE IT THEREFORE ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:

RACIAL DISCRIMINATION ACT 1975 - PART I
PART I - PRELIMINARY

RACIAL DISCRIMINATION ACT 1975 - SECT 1
Short title

SECT

1. This Act may be cited as the Racial Discrimination Act 1975.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

RACIAL DISCRIMINATION ACT 1975 - SECT 2
Commencement

SECT

2.*1* (1) Sections 1, 2 and 7 shall come into operation on the day on which this Act receives the Royal Assent.


(2) The remaining provisions of this Act shall come into operation on a day to be fixed by Proclamation, being a day not earlier than the day on which the Convention enters into force for Australia. SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

RACIAL DISCRIMINATION ACT 1975 - SECT 3
Interpretation

SECT

3. (1) In this Act, unless the contrary intention appears:
"Aboriginal" means a person who is a descendant of an indigenous inhabitant of Australia but does not include a Torres Strait Islander;
"Chairman" means Chairman of the Council;
"class member", in relation to a representative complaint, means any of the persons on whose behalf the complaint was lodged, but does not include a person who has withdrawn under section 25MA;
"Commission" means the Human Rights and Equal Opportunity Commission established by the Human Rights and Equal Opportunity Commission Act 1986;
"Commissioner" means the Race Discrimination Commissioner appointed under section 29;
"Commonwealth agency" means an agency within the meaning of the Privacy Act 1988;
"conciliation committee" means a conciliation committee established under the regulations;
"Convention" means the International Convention on the Elimination of All Forms of Racial Discrimination that was opened for signature on 21 December 1965 and entered into force on 2 January 1969, being the Convention a copy of the English text of which is set out in the Schedule;
"Council" means the Community Relations Council established by section 28;
"Deputy Chairman" means Deputy Chairman of the Council;
"dispose" includes sell, assign, lease, let, sub-lease, sub-let, license or mortgage, and also includes agree to dispose and grant consent to the disposal of;
"employment" includes work under a contract for services, and cognate expressions have corresponding meanings;
"Federal Court" means the Federal Court of Australia;
"member" means a member of the Council and includes the Chairman and the Deputy Chairman;
"President" means President of the Commission;
"principal executive", in relation to a Commonwealth agency, has the same meaning as in Part V of the Privacy Act 1988;
"registered organisation" means an organisation registered pursuant to the Conciliation and Arbitration Act 1904;
"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;
"representative complaint" means a complaint where the persons on whose behalf the complaint was made include persons other than the complainant, but does not include a complaint that the Commission has determined should no longer be continued as a representative complaint;
"residential accommodation" includes accommodation in a dwelling-house, flat, hotel, motel or boarding-house or on a camping ground;
"services" includes services consisting of the provision of facilities by way of banking or insurance or of facilities for grants, loans, credit or finance;
"Torres Strait Islander" means a person who is a descendant of an indigenous inhabitant of the Torres Strait Islands;
"vehicle" includes a ship, an aircraft and a hovercraft.


(2) A reference in this Act to an Australian ship or aircraft shall be construed as a reference to a ship or aircraft registered in Australia or belonging to or in the possession of the Commonwealth or a State.


(3) For the purposes of this Act, refusing or failing to do an act shall be deemed to be the doing of an act and a reference to an act includes a reference to such a refusal or failure.


(4) A reference in this Act to the doing of an act by a person includes a reference to the doing of an act by a person in association with other persons.

RACIAL DISCRIMINATION ACT 1975 - SECT 4
Extension to external Territories

SECT

4. This Act extends to every external Territory.

RACIAL DISCRIMINATION ACT 1975 - SECT 5
Additional operation of Act

SECT

5. Without prejudice to its effect apart from this section, this Act also has, by force of this section, the effect it would have if:
(a) there were added at the end of sections 11 and 13 the words "or by reason that that other person or any relative or associate of that other person is or has been an immigrant";
(b) there were added at the end of subsections 12 (1) and 15 (1) the words "or by reason that that second person or any relative or associate of that second person is or has been an immigrant";
(c) there were inserted in subsection 14 (1), before the words "is invalid", the words "or by reason that that person is or has been an immigrant";
(d) there were added at the end of subsection 14 (2) the words "or by reason that that other person is or has been an immigrant";
(e) there were added at the end of subsection 15 (2) the words "or by reason that the person so seeking employment or any relative or associate of that person is or has been an immigrant"; and
(f) there were inserted in section 18, after the word "person", the words "or by reason that a person is or has been an immigrant".

RACIAL DISCRIMINATION ACT 1975 - SECT 6
Act binds the Crown

SECT

6.*2* This Act binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island, but nothing in this Act renders the Crown liable to be prosecuted for an offence. *2* Ss. 6 and 24F - The Racial Discrimination Act 1975 was modified by regulation 2 and Schedule 1 of the A.C.T. Self-Government (Consequential Provisions) Regulations as amended. The modifications of Schedule 1 are set out below and are not incorporated in this reprint.
Section 6:
After "States," insert "of the Australian Capital Territory,".
Subsection 24F (9) (definition of "State")
After "includes" insert "the Australian Capital Territory and".

RACIAL DISCRIMINATION ACT 1975 - SECT 6A
Operation of State and Territory laws

SECT

6A. (1) This Act is not intended, and shall be deemed never to have been intended, to exclude or limit the operation of a law of a State or Territory that furthers the objects of the Convention and is capable of operating concurrently with this Act.


(2) Where:
(a) a law of a State or Territory that furthers the objects of the Convention deals with a matter dealt with by this Act; and
(b) a person has, whether before or after the commencement of this section, made a complaint, instituted a proceeding or taken any other action under that law in respect of an act or omission in respect of which the person would, but for this subsection, have been entitled to make a complaint under this Act;
the person shall be deemed never to have been, and is not, entitled to make a complaint or institute a proceeding under this Act in respect of that act or omission and any proceedings pending under this Act at the commencement of this section in respect of such a complaint made before that commencement are, by force of this subsection, terminated.


(3) Where:
(a) a law of a State or Territory that furthers the objects of the Convention deals with a matter dealt with by this Act; and
(b) an act or omission by a person that constitutes an offence against that law also constitutes an offence against this Act;
the person may be prosecuted and convicted either under that law of the State or Territory or under this Act, but nothing in this subsection renders a person liable to be punished more than once in respect of the same act or omission.

RACIAL DISCRIMINATION ACT 1975 - SECT 7
Ratification of Convention

SECT

7. Approval is given to ratification by Australia of the Convention.

RACIAL DISCRIMINATION ACT 1975 - PART II
PART II - PROHIBITION OF RACIAL DISCRIMINATION

RACIAL DISCRIMINATION ACT 1975 - SECT 8
Exceptions

SECT

8. (1) This Part does not apply to, or in relation to the application of, special measures to which paragraph 4 of Article 1 of the Convention applies except measures in relation to which subsection 10 (1) applies by virtue of subsection 10 (3).


(2) This Part does not apply to:
(a) any provision of a deed, will or other instrument, whether made before or after the commencement of this Part, that confers charitable benefits, or enables charitable benefits to be conferred, on persons of a particular race, colour or national or ethnic origin; or
(b) any act done in order to comply with such a provision.


(3) In this section, "charitable benefits" means benefits for purposes that are exclusively charitable according to the law in force in any State or Territory.

RACIAL DISCRIMINATION ACT 1975 - SECT 9
Racial discrimination to be unlawful

SECT

9. (1) It is unlawful for a person to do any act involving a distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of any human right or fundamental freedom in the political, economic, social, cultural or any other field of public life.


(1A) Where:
(a) a person requires another person to comply with a term, condition or requirement which is not reasonable having regard to the circumstances of the case; and
(b) the other person does not or cannot comply with the term, condition or requirement; and
(c) the requirement to comply has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, by persons of the same race, colour, descent or national or ethnic origin as the other person, of any human right or fundamental freedom in the political, economic, social, cultural or any other field of public life;
the act of requiring such compliance is to be treated, for the purposes of this Part, as an act involving a distinction based on, or an act done by reason of, the other person's race, colour, descent or national or ethnic origin.


(2) A reference in this section to a human right or fundamental freedom in the political, economic, social, cultural or any other field of public life includes any right of a kind referred to in Article 5 of the Convention.


(3) This section does not apply in respect of the employment, or an application for the employment, of a person on a ship or aircraft (not being an Australian ship or aircraft) if that person was engaged, or applied, for that employment outside Australia.


(4) The succeeding provisions of this Part do not limit the generality of this section.

RACIAL DISCRIMINATION ACT 1975 - SECT 10
Rights to equality before the law

SECT

10. (1) If, by reason of, or of a provision of, a law of the Commonwealth or of a State or Territory, persons of a particular race, colour or national or ethnic origin do not enjoy a right that is enjoyed by persons of another race, colour or national or ethnic origin, or enjoy a right to a more limited extent than persons of another race, colour or national or ethnic origin, then, notwithstanding anything in that law, persons of the first-mentioned race, colour or national or ethnic origin shall, by force of this section, enjoy that right to the same extent as persons of that other race, colour or national or ethnic origin.


(2) A reference in subsection (1) to a right includes a reference to a right of a kind referred to in Article 5 of the Convention.


(3) Where a law contains a provision that:
(a) authorizes property owned by an Aboriginal or a Torres Strait Islander to be managed by another person without the consent of the Aboriginal or Torres Strait Islander; or
(b) prevents or restricts an Aboriginal or a Torres Strait Islander from terminating the management by another person of property owned by the Aboriginal or Torres Strait Islander;
not being a provision that applies to persons generally without regard to their race, colour or national or ethnic origin, that provision shall be deemed to be a provision in relation to which subsection (1) applies and a reference in that subsection to a right includes a reference to a right of a person to manage property owned by the person.

RACIAL DISCRIMINATION ACT 1975 - SECT 11
Access to places and facilities

SECT

11. It is unlawful for a person:
(a) to refuse to allow another person access to or use of any place or vehicle that members of the public are, or a section of the public is, entitled or allowed to enter or use, or to refuse to allow another person access to or use of any such place or vehicle except on less favourable terms or conditions than those upon or subject to which he would otherwise allow access to or use of that place or vehicle;
(b) to refuse to allow another person use of any facilities in any such place or vehicle that are available to members of the public or to a section of the public, or to refuse to allow another person use of any such facilities except on less favourable terms or conditions than those upon or subject to which he would otherwise allow use of those facilities; or
(c) to require another person to leave or cease to use any such place or vehicle or any such facilities;
by reason of the race, colour or national or ethnic origin of that other person or of any relative or associate of that other person.

RACIAL DISCRIMINATION ACT 1975 - SECT 12
Land, housing and other accommodation

SECT

12. (1) It is unlawful for a person, whether as a principal or agent:
(a) to refuse or fail to dispose of any estate or interest in land, or any residential or business accommodation, to a second person;
(b) to dispose of such an estate or interest or such accommodation to a second person on less favourable terms and conditions than those which are or would otherwise be offered;
(c) to treat a second person who is seeking to acquire or has acquired such an estate or interest or such accommodation less favourably than other persons in the same circumstances;
(d) to refuse to permit a second person to occupy any land or any residential or business accommodation; or
(e) to terminate any estate or interest in land of a second person or the right of a second person to occupy any land or any residential or business accommodation;
by reason of the race, colour or national or ethnic origin of that second person or of any relative or associate of that second person.


(2) It is unlawful for a person, whether as a principal or agent, to impose or seek to impose on another person any term or condition that limits, by reference to race, colour or national or ethnic origin, the persons or class of persons who may be the licensees or invitees of the occupier of any land or residential or business accommodation.


(3) Nothing in this section renders unlawful an act in relation to accommodation in a dwelling-house or flat, being accommodation shared or to be shared, in whole or in part, with the person who did the act or a person on whose behalf the act was done or with a relative of either of those persons.

RACIAL DISCRIMINATION ACT 1975 - SECT 13
Provision of goods and services

SECT

13. It is unlawful for a person who supplies goods or services to the public or to any section of the public:
(a) to refuse or fail on demand to supply those goods or services to another person; or
(b) to refuse or fail on demand to supply those goods or services to another person except on less favourable terms or conditions than those upon or subject to which he would otherwise supply those goods or services;
by reason of the race, colour or national or ethnic origin of that other person or of any relative or associate of that other person.

RACIAL DISCRIMINATION ACT 1975 - SECT 14
Right to join trade unions

SECT

14. (1) Any provision of the rules or other document constituting, or governing the activities of, a trade union that prevents or hinders a person from joining that trade union by reason of the race, colour or national or ethnic origin of that person is invalid.


(2) It is unlawful for a person to prevent or hinder another person from joining a trade union by reason of the race, colour or national or ethnic origin of that other person.

RACIAL DISCRIMINATION ACT 1975 - SECT 15
Employment

SECT

15. (1) It is unlawful for an employer or a person acting or purporting to act on behalf of an employer:
(a) to refuse or fail to employ a second person on work of any description which is available and for which that second person is qualified;
(b) to refuse or fail to offer or afford a second person the same terms of employment, conditions of work and opportunities for training and promotion as are made available for other persons having the same qualifications and employed in the same circumstances on work of the same description; or
(c) to dismiss a second person from his employment;
by reason of the race, colour or national or ethnic origin of that second person or of any relative or associate of that second person.


(2) It is unlawful for a person concerned with procuring employment for other persons or procuring employees for any employer to treat any person seeking employment less favourably than other persons in the same circumstances by reason of the race, colour or national or ethnic origin of the person so seeking employment or of any relative or associate of that person.


(3) It is unlawful for an organization of employers or employees, or a person acting or purporting to act on behalf of such an organization, to prevent, or to seek to prevent, another person from offering for employment or from continuing in employment by reason of the race, colour or national or ethnic origin of that other person or of any relative or associate of that other person.


(4) This section does not apply in respect of the employment, or an application for the employment, of a person on a ship or aircraft (not being an Australian ship or aircraft) if that person was engaged, or applied, for that employment outside Australia.


(5) Nothing in this section renders unlawful an act in relation to employment, or an application for employment, in a dwelling-house or flat occupied by the person who did the act or a person on whose behalf the act was done or by a relative of either of those persons.

RACIAL DISCRIMINATION ACT 1975 - SECT 16
Advertisements

SECT

16. It is unlawful for a person to publish or display, or cause or permit to be published or displayed, an advertisement or notice that indicates, or could reasonably be understood as indicating, an intention to do an act that is unlawful by reason of a provision of this Part or an act that would, but for subsection 12 (3) or 15 (5), be unlawful by reason of section 12 or 15, as the case may be.

RACIAL DISCRIMINATION ACT 1975 - SECT 17
Unlawful to incite doing of unlawful acts

SECT

17. It is unlawful for a person:
(a) to incite the doing of an act that is unlawful by reason of a provision of this Part; or
(b) to assist or promote whether by financial assistance or otherwise the doing of such an act.

RACIAL DISCRIMINATION ACT 1975 - SECT 18
Acts done for 2 or more reasons

SECT

18. Where:
(a) an act is done for 2 or more reasons; and
(b) one of the reasons is the race, colour, descent or national or ethnic origin of a person (whether or not it is the dominant reason or a substantial reason for doing the act);
then, for the purposes of this Part, the act is taken to be done for that reason.

RACIAL DISCRIMINATION ACT 1975 - SECT 18A
Vicarious liability

SECT

18A. (1) Subject to subsection (2), if:
(a) an employee or agent of a person does an act in connection with his or her duties as an employee or agent; and
(b) the act would be unlawful under this Part if it were done by that person;
this Act applies in relation to that person as if that person had also done the act.


(2) Subsection (1) does not apply to an act done by an employee or agent of a person if it is established that the person took all reasonable steps to prevent the employee or agent from doing the act.

RACIAL DISCRIMINATION ACT 1975 - PART III
PART III - INQUIRIES AND CIVIL PROCEEDINGS

RACIAL DISCRIMINATION ACT 1975 - DIVISION 1
Division 1 - Preliminary

RACIAL DISCRIMINATION ACT 1975 - SECT 19
Race Discrimination Commissioner

SECT

19. For the purposes of this Act there shall be a Race Discrimination Commissioner.

RACIAL DISCRIMINATION ACT 1975 - SECT 19A
Part applies to victimisation offences

SECT

19A. In this Part, a reference to an act that is unlawful under a provision of Part II includes a reference to an act that is an offence under subsection 27 (2).

RACIAL DISCRIMINATION ACT 1975 - SECT 20
Functions of Commission

SECT

20. (1) The following functions are hereby conferred on the Commission:
(a) to inquire into alleged infringements of Part II, and endeavour by conciliation to effect settlements of the matters alleged to constitute those infringements;
(b) to promote an understanding and acceptance of, and compliance with, this Act;
(c) to develop, conduct and foster research and educational programs and other programs for the purpose of:
(i) combating racial discrimination and prejudices that lead to
racial discrimination;
(ii) promoting understanding, tolerance and friendship among
racial and ethnic groups; and
(iii) propagating the purposes and principles of the
Convention;
(d) to prepare, and to publish in such manner as the Commission considers appropriate, guidelines for the avoidance of infringements of Part II;
(e) where the Commission considers it appropriate to do so, with the leave of the court hearing the proceedings and subject to any conditions imposed by the court, to intervene in proceedings that involve racial discrimination issues;
(f) to inquire into, and make determinations on, matters referred to it by the Minister or the Commissioner.


(2) The Commissioner shall not participate in any inquiry held by the Commission under Division 3 or attend any meeting of the Commission, be present during any deliberation of the Commission, or take part in any decision of the Commission, in connection with such an inquiry.

RACIAL DISCRIMINATION ACT 1975 - SECT 21
Function of Commissioner

SECT

21. The function of the Commission under paragraph 20 (1) (a) shall be performed by the Commissioner on behalf of the Commission.

RACIAL DISCRIMINATION ACT 1975 - SECT 22
Complaints

SECT

22. (1) A complaint in writing alleging that a person has done an act that is unlawful by virtue of a provision of Part II may be lodged with the Commission by:
(a) a person aggrieved by the act, on that person's own behalf or on behalf of that person and another person or other persons aggrieved by the act;
(b) 2 or more persons aggrieved by the act, on their own behalf or on behalf of themselves and another person or other persons aggrieved by the act;
(c) a person or persons included in a class of persons aggrieved by the act, on behalf of the persons included in that class of persons; or
(d) a trade union of which a person or persons, or persons included in a class of persons, aggrieved by the act is a member or are members, on behalf of that person, those persons or persons included in that class of persons, as the case may be.


(1A) In the case of a representative complaint, this section has effect subject to section 25L.


(2) In this section, "trade union" means:
(a) an organisation of employees that is a registered organisation;
(b) a trade union within the meaning of any State Act or law of a Territory; or
(c) any other similar body.

RACIAL DISCRIMINATION ACT 1975 - SECT 23
Commissioner deemed to be a complainant

SECT

23. Where:
(a) the Commissioner has referred to the Commission a matter that came before the Commissioner otherwise than as the result of the making of a complaint to the Commission; or
(b) the Minister has referred a matter to the Commission under section 25;
then, for the purposes of any inquiry into the matter by the Commission, this Act has effect as if:
(c) the matter had been the subject of a complaint;
(d) the reference to the complainant in section 25F were a reference to the Commissioner; and
(e) a reference to the respondent were a reference to the person who is, or each of the persons who are, alleged to have done the act to which the matter relates.

RACIAL DISCRIMINATION ACT 1975 - DIVISION 2
Division 2 - Inquiries by Commissioner

RACIAL DISCRIMINATION ACT 1975 - SECT 24
Inquiries by Commissioner

SECT

24. (1) Where:
(a) a complaint relating to an alleged unlawful act is made to the Commission under section 22; or
(b) it appears to the Commission that a person has done an act that is unlawful by virtue of a provision of Part II;
the Commission shall notify the Commissioner accordingly and the Commissioner shall, subject to subsection (2), inquire into the act and endeavour, by conciliation, to effect a settlement of the matter to which the act relates.


(2) The Commissioner may decide not to inquire into an act, or, if the Commissioner has commenced to inquire into an act, decide not to continue to inquire into the act, if:
(a) the Commissioner is satisfied that the act is not unlawful by reason of a provision of Part II;
(b) the Commissioner is of the opinion that the person aggrieved by the act does not desire, or none of the persons aggrieved by the act desires, that the inquiry be made or continued;
(c) in a case where a complaint has been made to the Commission in relation to the act, a period of more than 12 months has elapsed since the act was done; or
(d) in a case where a complaint has been made to the Commission in relation to the act, the Commissioner is of the opinion that the complaint was frivolous, vexatious, misconceived or lacking in substance.


(3) Where the Commissioner decides not to inquire into, or not to continue to inquire into, an act in respect of which a complaint was made to the Commission, the Commissioner shall give notice in writing to the complainant or each of the complainants of that decision, of the reasons for that decision and of the rights of the complainant or each of the complainants under subsection (4).


(3A) Subsection (3) does not apply in relation to a decision of the Commissioner that is made at the request of the complainant or all the complainants, as the case requires.


(4) Where the Commissioner has given a complainant a notice under subsection (3) relating to a decision, the complainant may, within 21 days after receipt of the notice, by notice in writing served on the Commissioner:
(a) if paragraph (2) (a) applies - require the Commissioner to refer the complaint to the Commission; or
(b) in any other case - require the Commissioner to refer the decision to the President.


(5) On receipt of a notice under paragraph (4) (a), the Commissioner shall refer the complaint to the Commission together with a report relating to any inquiries made by the Commissioner into the complaint.


(5A) If the Commissioner receives a notice under paragraph (4) (b), the Commissioner must refer the decision to the President together with a report about the decision.


(5B) A report for the purposes of subsection (5A) must not set out or describe anything said or done in the course of conciliation proceedings under this Division (including anything said or done at a conference held under this Division).


(6) The Commissioner may, for the purposes of this Act, obtain information from such persons, and make such inquiries, as the Commissioner thinks fit.

RACIAL DISCRIMINATION ACT 1975 - SECT 24AA
President may review a decision of the Commissioner not to hold an
inquiry or to discontinue an inquiry

SECT

24AA. (1) This section applies if a decision of the Commissioner not to inquire into an act, or not to continue to inquire into an act, is referred to the President under subsection 24 (5A).


(2) The President:
(a) must review the Commissioner's decision; and
(b) must decide either:
(i) to confirm the Commissioner's decision; or
(ii) to set aside the Commissioner's decision and to direct the
Commissioner to inquire into the act, or to continue to inquire into the act, in accordance with section 24.


(3) In spite of subsection (2), the President may refuse to review the Commissioner's decision unless the complainant gives the President such relevant information as the President requires.


(4) The President must give written notice of a decision of the President under paragraph (2) (b) to the complainant and to the Commissioner.


(5) The notice must set out the reasons for the decision.


(6) In spite of subsection 24 (2), the Commissioner must comply with a direction of the President under subparagraph (2) (b) (ii) of this section unless the complainant notifies, or all the complainants notify, the Commissioner that the complainant does not wish, or the complainants do not wish, the inquiry to be held or continued.

RACIAL DISCRIMINATION ACT 1975 - SECT 24AB
Review by President - interim determination

SECT

24AB. (1) This section applies if a decision of the Commissioner not to inquire into an act, or not to continue to inquire into an act, is referred to the President under subsection 24 (5A).


(2) If the President has not completed a review of the Commissioner's decision, the Commission or the President may make an interim determination of such a nature as would, if it were binding and conclusive upon the parties, preserve:
(a) the status quo between the parties to the complaint; or
(b) the rights of the parties to the complaint;
pending completion of the matter the subject of the complaint.


(3) The Commission or the President may vary or revoke an interim determination made under this section.


(4) The functions conferred on the Commission by subsection (2) or (3) may only be performed on an application made by the President.


(5) The functions conferred on the President by subsection (2) or (3) may only be performed:
(a) on the President's own initiative; and
(b) if the President thinks that it is expedient that the President should perform those functions.


(6) An interim determination under this section is not binding or conclusive between any of the parties to the determination.

RACIAL DISCRIMINATION ACT 1975 - SECT 24A
Application for interim determination under section 25Y

SECT

24A. (1) The Commissioner, at any time after a complaint is lodged and before the Commissioner declines to entertain the complaint, resolves the complaint by conciliation or refers the matter to which the complaint relates to the Commission under subsection 24E (1), may apply to the Commission for the making of an interim determination under section 25Y or for the variation or revocation of any such determination.


(2) In relation to a matter arising under paragraph 24 (1) (b), the Commissioner may apply to the Commission for the making of an interim determination under section 25Y, or for the variation or revocation of any such determination, at any time.

RACIAL DISCRIMINATION ACT 1975 - SECT 24B
Power to obtain information and documents

SECT

24B. (1) Where the Commissioner has reason to believe that a person is capable of furnishing information (in this subsection referred to as "relevant information") or producing documents (in this subsection referred to as "relevant documents") relevant to an inquiry under this Division, the Commissioner may, by notice in writing served on the person, require the person, at such place, and within such period or on such date and at such time, as are specified in the notice:
(a) to furnish to the Commissioner, by writing signed by the person or, in the case of a body corporate, by an officer of the body corporate, such relevant information (if any) as is specified in the notice; and
(b) to produce to the Commissioner such relevant documents (if any) as are specified in the notice.


(2) Where documents are produced to the Commissioner in accordance with a requirement under subsection (1), the Commissioner:
(a) may take possession of, and may make copies of, or take extracts from, the documents;
(b) may retain possession of the documents for such period as is necessary for the purposes of the inquiry to which the documents relate; and
(c) during that period shall permit a person who would be entitled to inspect any one or more of the documents if they were not in the possession of the Commissioner to inspect at all reasonable times such of the documents as that person would be so entitled to inspect.

RACIAL DISCRIMINATION ACT 1975 - SECT 24C
Directions to persons to attend compulsory conference

SECT

24C. (1) For the purpose of inquiring into an act, and endeavouring to settle the matter to which the act relates, in accordance with section 24, the Commissioner may, by notice in writing, direct the persons referred to in subsection (2) of this section to attend, at a time and place specified in the notice, a conference presided over by the Commissioner or a person appointed by the Commissioner.


(2) Directions under subsection (1) to attend a conference in relation to an act shall be given to:
(a) where a complaint was made to the Commission in relation to that act - the complainant, or all the complainants, as the case requires;
(b) the person who is alleged to have done the act; and
(c) any other person who, in the opinion of the Commissioner, is likely to be able to provide information relevant to the inquiry or whose presence at the conference is, in the opinion of the Commissioner, likely to be conducive to the settlement of the matter to which the act relates.


(3) A person who has been given a direction under subsection (1) to attend a conference is entitled to be paid by the Commonwealth a reasonable sum for the person's attendance at the conference.


(4) The Commissioner may, in a notice given to a person under subsection (1), require the person to produce such documents at the conference as are specified in the notice.

RACIAL DISCRIMINATION ACT 1975 - SECT 24D
Compulsory conference

SECT

24D. (1) The person presiding at a conference held under this Division may require a person attending the conference to produce a document.


(2) A conference under this Division shall be held in private and, subject to this Act, shall be conducted in such manner as the person presiding at the conference thinks fit.


(3) Subject to subsection (4), a body of persons, whether corporate or unincorporate, that is directed under section 24C to attend a conference shall be deemed to attend if an officer or employee of that body attends on behalf of that body.


(4) Except with the consent of the person presiding at a conference under this Division:
(a) a natural person is not entitled to be represented at the conference by another person; and
(b) a body of persons, whether corporate or unincorporate, is not entitled to be represented at the conference by a person other than an officer or employee of that body.

RACIAL DISCRIMINATION ACT 1975 - SECT 24E
Reference of matters to the Commission

SECT

24E. (1) Where the Commissioner:
(a) is of the opinion that a matter cannot be settled by conciliation;
(b) has endeavoured to settle a matter by conciliation but has not been successful; or
(c) is of the opinion that the nature of a matter is such that it should be referred to the Commission;
the Commissioner shall refer the matter to the Commission together with a report relating to any inquiries made by the Commissioner into the matter.


(2) A report for the purposes of subsection (1) shall not set out or describe anything said or done in the course of conciliation proceedings under this Division (including anything said or done at a conference held under this Division).


(3) Evidence of anything said or done in the course of conciliation proceedings under this Division (including anything said or done at a conference held under this Division) is not admissible in subsequent proceedings under this Part relating to the matter.

RACIAL DISCRIMINATION ACT 1975 - DIVISION 3
Division 3 - Inquiries by Human Rights and Equal
Opportunity Commission

RACIAL DISCRIMINATION ACT 1975 - SECT 24F
Minister may appoint persons to participate in inquiries

SECT

24F.*2* (1) The Minister may appoint a person to participate, in accordance with this section, in the performance of the functions of the Commission.


(2) The Minister may, under subsection (1), appoint such number of persons as the Minister considers necessary for the purposes of this section.


(3) A person who holds an appointment under subsection (1) may, at the request of the President, participate in the holding of an inquiry under this Division as if the person were a member of the Commission and, for the purposes of the application of this Act in relation to the inquiry, the person shall be deemed to be a member of the Commission.


(4) A person appointed under subsection (1):
(a) holds the appointment for such period, not exceeding 5 years, as is specified in the instrument of the person's appointment, but is eligible for re-appointment; and
(b) may resign the appointment by writing signed by the person and delivered to the Minister.


(5) The Minister may:
(a) determine the terms and conditions of appointment, including remuneration, of a person appointed under subsection (1); and
(b) at any time terminate such an appointment.


(6) The Minister may, for the purpose of appointing under subsection (1) a person who is the holder of a judicial office of a State, enter into such arrangement with the appropriate Minister of the State as is necessary to secure that person's services.


(7) An arrangement under subsection (6) may provide for the Commonwealth to reimburse a State with respect to the services of the person to whom the arrangement relates.


(8) The appointment under subsection (1) of the holder of a judicial office, or service by the holder of a judicial office pursuant to such an appointment, does not affect the person's tenure of that judicial office or the person's rank, title, status, precedence, salary, annual or other allowances or other rights or privileges as the holder of that judicial office and, for all purposes, the person's service pursuant to such an appointment shall be taken to be service as the holder of that judicial office.


(9) Unless the contrary intention appears, in this section:
"judicial office" means:
(a) an office of Judge of a court created by the Parliament; or
(b) an office the holder of which has, by virtue of holding that office, the same status as a Judge of a court created by the Parliament;
"State" includes the Northern Territory. *2* Ss. 6 and 24F - The Racial Discrimination Act 1975 was modified by regulation 2 and Schedule 1 of the A.C.T. Self-Government (Consequential Provisions) Regulations as amended. The modifications of Schedule 1 are set out below and are not incorporated in this reprint.
Section 6:
After "States," insert "of the Australian Capital Territory,".
Subsection 24F (9) (definition of "State")
After "includes" insert "the Australian Capital Territory and".

RACIAL DISCRIMINATION ACT 1975 - SECT 25
Reference of matter to the Commission by the Minister

SECT

25. The Minister may refer any matter to the Commission for inquiry as a complaint under this Part.

RACIAL DISCRIMINATION ACT 1975 - SECT 25A
Inquiries into complaints

SECT

25A. (1) Subject to subsection (2), the Commission shall hold an inquiry into each complaint or matter referred to it under subsection 24 (5) or 24E (1) or section 25.


(2) The Commission shall not hold, or shall discontinue, an inquiry into a complaint or matter referred to it:
(a) in the case of a complaint or matter referred to it under subsection 24 (5) or 24E (1) - if the complainant notifies the Commission that the complainant does not wish the inquiry to be held or to continue; or
(b) in the case of a matter referred to it under section 25 - if the Minister notifies the Commission that the Minister does not wish the inquiry to be held or to continue.

RACIAL DISCRIMINATION ACT 1975 - SECT 25B
Exercise of inquiry powers by Commission

SECT

25B. (1) Subject to subsection 20 (2), the powers of the Commission to hold inquiries under this Act may, if the President so directs, be exercised by a single member of the Commission who is a legally qualified person, or by 2 or more members of the Commission, at least one of whom is a legally qualified person.


(2) Where the power of the Commission to hold an inquiry is being exercised by 2 or more members of the Commission:
(a) if only one of those members is a legally qualified person - that member shall preside; or
(b) if 2 or more of those members are legally qualified persons:
(i) if one of those persons is the President - the President
shall preside; or
(ii) in any other case - those members shall elect one of those
persons to preside.


(3) In this section, "legally qualified person" means a person who:
(a) is or has been a Judge of a court created by the Parliament or of a court of a State or a person who has the same designation and status as a Judge of a court created by the Parliament; or
(b) is enrolled as a barrister or solicitor, as a barrister and solicitor, or as a legal practitioner, of the High Court, of another federal court or of the Supreme Court of a State or Territory.

RACIAL DISCRIMINATION ACT 1975 - SECT 25C
Single inquiry in relation to several complaints

SECT

25C. Where the Commission is of the opinion that 2 or more complaints arise out of the same or substantially the same circumstances or subject-matter, it may hold a single inquiry in relation to those complaints.

RACIAL DISCRIMINATION ACT 1975 - SECT 25D
Joinder of parties by the Commission

SECT

25D. Where, before the holding of an inquiry, or at any stage during the holding of an inquiry, the Commission is of the opinion that a person ought to be joined as a party to the inquiry, it may, by notice in writing given to that person, join that person as a party to the inquiry.

RACIAL DISCRIMINATION ACT 1975 - SECT 25E
Notice of inquiry and rights of parties at inquiry

SECT

25E. (1) The Commission:
(a) shall give a party to an inquiry, other than a person to whom the Commission grants leave to appear as a party to the inquiry, such notice in such manner as the Commission determines of the time and place at which it intends to hold the inquiry; and
(b) shall give each party to an inquiry reasonable opportunity to call or give evidence, examine or cross-examine witnesses and make submissions to the Commission.


(2) If a party to an inquiry to whom notice has been given under paragraph (1) (a) fails to attend at the time and place specified for the inquiry, the Commission may hold the inquiry in the absence of that party.

RACIAL DISCRIMINATION ACT 1975 - SECT 25F
Parties to an inquiry

SECT

25F. The parties to an inquiry shall be the complainant, the respondent, any person joined by the Commission as a party to the inquiry and any person to whom the Commission grants leave to appear as a party to the inquiry.

RACIAL DISCRIMINATION ACT 1975 - SECT 25G
Right of appearance and to representation

SECT

25G. (1) A party to an inquiry:
(a) shall appear personally or, where the party is a body of persons, whether corporate or unincorporate, by an officer, employee or agent of the body; and
(b) may:
(i) if the Commission has made arrangements under subsection
25K (1) for counsel to appear at the inquiry to assist the Commission; or
(ii) in any other case - with the leave of the Commission;
be represented by a solicitor or counsel or an agent.


(2) A person, other than a solicitor or counsel, is not entitled to demand or receive any fee or reward for representing a party to an inquiry.

RACIAL DISCRIMINATION ACT 1975 - SECT 25H
Inquiries may be held in private

SECT

25H. (1) Subject to subsection (2), an inquiry shall be held in public.


(2) The Commission may, of its own motion or on the application of a party to the inquiry, if it is satisfied that it is appropriate to do so, direct that an inquiry, or a part of an inquiry, be held in private.

RACIAL DISCRIMINATION ACT 1975 - SECT 25J
Commission may prohibit publication of evidence etc.

SECT

25J. (1) The Commission may direct that:
(a) any evidence given before it;
(b) the contents of any document produced to the Commission; or
(c) any information that might enable a person who has appeared before the Commission to be identified;
shall not be published, or shall not be published except in such manner, and to such persons, as the Commission specifies.


(2) Nothing in this section shall be taken to derogate from the Commission's powers under section 25H.

RACIAL DISCRIMINATION ACT 1975 - SECT 25K
Counsel assisting the Commission

SECT

25K. (1) The Commission may make arrangements for counsel to appear at an inquiry to assist the Commission.


(2) Counsel assisting the Commission at an inquiry pursuant to arrangements made under subsection (1) shall, in relation to that inquiry, be subject to the control and direction of the Commission.

RACIAL DISCRIMINATION ACT 1975 - SECT 25L
Conditions for making a representative complaint

SECT

25L. (1) A representative complaint may be lodged under section 22 only if:
(a) the class members have complaints against the same person; and
(b) all the complaints are in respect of, or arise out of, the same, similar or related circumstances; and
(c) all the complaints give rise to a substantial common issue of law or fact.


(2) A representative complaint under section 22 must:
(a) describe or otherwise identify the class members; and
(b) specify the nature of the complaints made on behalf of the class members; and
(c) specify the nature of the relief sought; and
(d) specify the questions of law or fact that are common to the complaints of the class members.
In describing or otherwise identifying the class members, it is not necessary to name them or specify how many there are.


(3) A representative complaint may be lodged without the consent of class members.

RACIAL DISCRIMINATION ACT 1975 - SECT 25M
Commission may determine that a complaint is not to continue as a
representative complaint

SECT

25M. (1) The Commission may, on application by the respondent or of its own motion, determine that a complaint should no longer continue as a representative complaint.


(2) The Commission may only make such a determination if it is satisfied that it is in the interests of justice to do so for any of the following reasons:
(a) the costs that would be incurred if the complaint were to continue as a representative complaint are likely to exceed the costs that would be incurred if each class member lodged a separate complaint;
(b) the representative complaint will not provide an efficient and effective means of dealing with the complaints of the class members;
(c) the complaint was not brought in good faith as a representative complaint;
(d) it is otherwise inappropriate that the complaints be pursued by means of a representative complaint.


(3) If the Commission makes such a determination:
(a) the complaint may be continued as a complaint by the complainant on his or her own behalf against the respondent, unless the complainant is a trade union; and
(b) on the application of a person who was a class member for the purposes of the former representative complaint, the Commission may join that person as a complainant to the complaint as continued under paragraph (a).

RACIAL DISCRIMINATION ACT 1975 - SECT 25MA
Additional rules applying to the determination of representative complaints

SECT

25MA. (1) The Commission may, on application by a class member, replace the complainant with another class member, where it appears to the Commission that the complainant is not able adequately to represent the interests of the class members.


(2) A class member may, by notice in writing to the Commission, withdraw from a representative complaint at any time before the Commission begins to hold an inquiry into the complaint.


(3) The Commission may at any stage direct that notice of any matter be given to a class member or class members.

RACIAL DISCRIMINATION ACT 1975 - SECT 25N
Amendment of representative complaints

SECT

25N. (1) Where the Commission is satisfied that a complaint could be dealt with as a representative complaint if the class of persons on whose behalf that complaint is lodged is increased, reduced or otherwise altered, the Commission may amend the complaint so that the complaint can be dealt with as a representative complaint.

RACIAL DISCRIMINATION ACT 1975 - SECT 25P
Class member for representative complaint not entitled to lodge individual
complaint

SECT

25P. A person who is a class member for a representative complaint is not entitled to lodge a complaint in respect of the same subject matter.

RACIAL DISCRIMINATION ACT 1975 - SECT 25Q
Resolution of complaint by conciliation

SECT

25Q. The Commission:
(a) may endeavour, by all such means as to it seem reasonable, to resolve a complaint the subject of an inquiry by conciliation; and
(b) shall take all such steps as to it seem reasonable to effect an amicable settlement of a complaint the subject of an inquiry and for this purpose may adjourn an inquiry at any stage to enable the parties to negotiate with a view to settlement of the complaint by amicable arrangements.

RACIAL DISCRIMINATION ACT 1975 - SECT 25R
Evidence and findings in other proceedings

SECT

25R. In the course of an inquiry, the Commission may, in its discretion:
(a) receive in evidence the transcript of evidence in any proceedings before a court or tribunal and draw any conclusions of fact from that transcript that it considers proper;
(b) adopt any findings, decision or judgment of a court or tribunal that may be relevant to the inquiry; and
(c) receive in evidence any report of the Commissioner if a copy of that report has been made available to every other party to the inquiry.

RACIAL DISCRIMINATION ACT 1975 - SECT 25S
Powers of Commission to take evidence

SECT

25S. (1) The Commission may take evidence on oath or affirmation and for that purpose a member of the Commission may administer an oath or affirmation.


(2) A member of the Commission may summon a person to appear before the Commission to give evidence and to produce such documents (if any) as are referred to in the summons.


(3) A person to whom an inquiry under this Part relates or who is a party to proceedings before the Commission may call witnesses.


(4) A person appearing as a witness before the Commission may be examined, cross-examined and re-examined.

RACIAL DISCRIMINATION ACT 1975 - SECT 25T
Fees for witnesses

SECT

25T. (1) A person summoned to appear before the Commission is entitled to be paid, in respect of the person's attendance, fees, and allowances for expenses, fixed by or in accordance with the regulations.


(2) Subject to subsection (3), the fees and allowances shall be paid:
(a) in a case where the person was summoned at the request of a person other than the Commonwealth - by the person who made the request; or
(b) in any other case - by the Commonwealth.


(3) The Commission may, in its discretion, order that the fees and allowances payable to a person summoned as mentioned in paragraph (2) (a) shall be paid, in whole or in part, by the Commonwealth.

RACIAL DISCRIMINATION ACT 1975 - SECT 25U
Retention and copying of documents

SECT

25U. The Commission may retain for a reasonable period and may make copies of, or of part of, any documents produced to the Commission in the course of an inquiry or proceedings.

RACIAL DISCRIMINATION ACT 1975 - SECT 25V
Application of rules of evidence etc.

SECT

25V. (1) For the purposes of an inquiry, the Commission:
(a) is not bound by the rules of evidence and may inform itself on any matter in such manner as it thinks fit; and
(b) shall conduct the inquiry with as little formality and technicality, and with as much expedition, as the requirements of this Act and a proper consideration of the matters before the Commission permit; and
(c) may give directions relating to procedure that, in its opinion, will enable costs or delay to be reduced and will help to achieve a prompt hearing of the matters at issue between the parties; and
(d) may give such directions as to procedure as it considers are appropriate or necessary to ensure that justice is done.


(2) The member conducting, or presiding at, an inquiry shall determine any question relating to the admissibility of evidence and any other question of law or procedure.

RACIAL DISCRIMINATION ACT 1975 - SECT 25W
Consideration of exceptions and exemptions

SECT

25W. In determining whether an act is unlawful by reason of a provision of Part II, the Commission is not required to have regard to any exception or exemption provided for in that Part unless there is evidence before the Commission that the exception or exemption is or may be applicable in relation to that act.

RACIAL DISCRIMINATION ACT 1975 - SECT 25X
Commission may dismiss frivolous etc. complaints

SECT

25X. Where, at any stage of an inquiry, the Commission is satisfied that a complaint is frivolous, vexatious, misconceived, lacking in substance or relates to an act that is not unlawful by reason of a provision of Part II, it may dismiss the complaint.

RACIAL DISCRIMINATION ACT 1975 - SECT 25Y
Making of interim determination

SECT

25Y. (1) The Commission, or, where the President is of the opinion that it is expedient that the President alone should perform the functions of the Commission under this section, the President, may, on the application of the Commissioner under section 24A or on the application of a party to an inquiry at any time after the lodgement of the complaint into which that inquiry is held, make an interim determination of such a nature as would, if it were binding and conclusive upon the parties, preserve:
(a) the status quo between the parties to the complaint; or
(b) the rights of the parties to the complaint;
pending completion of the matter the subject of the complaint.


(2) An interim determination under subsection (1) is not binding or conclusive between any of the parties to the determination.


(3) A reference in this section (other than the first reference) to a party includes a reference to a class member in the case of a representative complaint.

RACIAL DISCRIMINATION ACT 1975 - SECT 25Z
Determination or other decision of the Commission

SECT

25Z. (1) After holding an inquiry, the Commission may:
(a) dismiss the complaint the subject of the inquiry; or
(b) find the complaint substantiated and make a determination, which may include any one or more of the following:
(i) a declaration that the respondent has engaged in conduct
rendered unlawful by this Act and should not repeat or continue such unlawful conduct;
(ii) a declaration that the respondent should perform any
reasonable act or course of conduct to redress any loss or damage suffered by the complainant;
(iii) a declaration that the respondent should employ or
re-employ the complainant;
(iv) a declaration that the respondent should pay to the
complainant damages by way of compensation for any loss or damage suffered by reason of the conduct of the respondent;
(v) a declaration that the respondent should promote the
complainant;
(vi) a declaration that the termination of a contract or
agreement should be varied to redress any loss or damage suffered by the complainant;
(vii) a declaration that it would be inappropriate for any
further action to be taken in the matter.


(2) A determination of the Commission under subsection (1) is not binding or conclusive between any of the parties to the determination.


(3) The Commission may, in the making of a determination under subsection (1), state any findings of fact upon which the determination is based.


(4) The damage referred to in paragraph (1) (b) includes injury to the complainant's feelings or humiliation suffered by the complainant.


(5) A determination by the Commission under subparagraph (1) (b) (iv) on a representative complaint:
(a) may provide for payment of specified amounts or of amounts worked out in a manner specified by the Commission; and
(b) if it provides for payment in accordance with paragraph (a), must make provision for the payment of the money to the complainants concerned.


(6) If the Commission makes a determination under subparagraph (1) (b) (iv) on a representative complaint, the Commission may give such directions (if any) as it thinks just in relation to:
(a) the manner in which a class member is to establish his or her entitlement to the payment of an amount under the determination; and
(b) the manner for determining any dispute regarding the entitlement of a class member to the payment.


(7) In this section:
"complainant", in relation to a representative complaint, means the class members.

RACIAL DISCRIMINATION ACT 1975 - SECT 25ZA
Determination must identify the class members who are to be
affected by the determination

SECT

25ZA. A determination under section 25Y or 25Z on a representative complaint must describe or otherwise identify those of the class members who are to be affected by the determination.

RACIAL DISCRIMINATION ACT 1975 - SECT 25ZB
Assistance in proceedings before Commission

SECT

25ZB. (1) Where:
(a) a person has made a complaint in respect of which the Commission has held an inquiry under section 25A and the Commission has found the complaint to be substantiated; or
(b) a person has done or is alleged to have done an act in respect of which an inquiry has been held by the Commission under section 25A and the Commission dismisses the complaint the subject of the inquiry;
the Commission may, in its discretion, recommend to the Attorney-General that assistance be given to the person in respect of expenses incurred by the person in connection with the inquiry.


(2) Where a recommendation is made by the Commission under subsection (1) in relation to a person, the Attorney-General may authorise the provision by the Commonwealth to that person, either unconditionally or subject to such conditions as the Attorney-General determines, of such financial assistance in respect of expenses incurred by the person in connection with the inquiry as the Attorney-General determines.

RACIAL DISCRIMINATION ACT 1975 - DIVISION 3A
Division 3A - Enforcement of determinations involving
respondents other than Commonwealth agencies

RACIAL DISCRIMINATION ACT 1975 - SUBDIVISION A
Subdivision A - Determinations made after
commencement of Division

RACIAL DISCRIMINATION ACT 1975 - SECT 25ZC
Proceedings in the Federal Court to enforce a determination

SECT

25ZC. (1) The Commission, the complainant, or a trade union acting on behalf of the complainant, may commence proceedings in the Federal Court for an order to enforce a determination made under subsection 25Y(1) or 25Z(1) after the commencement of this Division, except where the respondent to the determination is a Commonwealth agency or the principal executive of a Commonwealth agency.


(2) If the Court is satisfied that the respondent has engaged in conduct or committed an act that is unlawful under this Act, the Court may make such orders (including a declaration of right) as it thinks fit.


(3) The Court may, if it thinks fit, grant an interim injunction pending the determination of the proceedings.


(4) The Court is not to require a person, as a condition of granting an interim injunction, to give an undertaking as to damages.


(5) In the proceedings, the question whether the respondent has engaged in conduct or committed an act that is unlawful under this Act is to be dealt with by the Court by way of a hearing de novo, but the Court may receive as evidence any of the following:
(a) a copy of the Commission's written reasons for the determination;
(b) a copy of any document that was before the Commission;
(c) a copy of the record (including any tape recording) of the Commission's inquiry into the complaint.


(6) In this section:
"complainant" :
(a) in relation to a representative complaint - means any of the class members; and
(b) in relation to a complaint made by a trade union on behalf of a person, not being a representative complaint - means the person on whose behalf the complaint was made;
"trade union" has the same meaning as in section 22.

RACIAL DISCRIMINATION ACT 1975 - SECT 25ZCA
Assistance in proceedings before the Federal Court

SECT

25ZCA. (1) A person who:
(a) has commenced or proposes to commence proceedings in the Federal Court under section 25ZC; or
(b) has done or is alleged to have done an act in respect of which proceedings have been commenced in the Federal Court under section 25ZC;
may apply to the Attorney-General for the provision of assistance under this section in respect of the proceedings.


(2) If:
(a) an application is made by a person under subsection (1); and
(b) the Attorney-General is satisfied that:
(i) it will involve hardship to that person to refuse the
application; and
(ii) in all the circumstances, it is reasonable to grant the
application;
the Attorney-General may authorise the provision by the Commonwealth to that person, on such conditions (if any) as the Attorney-General determines, of such legal or financial assistance in respect of the proceedings as the Attorney-General determines.

RACIAL DISCRIMINATION ACT 1975 - SUBDIVISION B
Subdivision B - Determinations made from 13 January 1993
to commencement of Division

RACIAL DISCRIMINATION ACT 1975 - SECT 25ZCB
Interpretation

SECT

25ZCB. In this Subdivision:
"recovery proceedings", in relation to a Subdivision B determination, means proceedings before any court in which the respondent to the determination is seeking to recover an amount, or is seeking some other remedy, in respect of money paid, or conduct engaged in or not engaged in, by the respondent pursuant to the determination;
"Subdivision B determination" means a determination made under subsection 25Y(1) or 25Z(1) during the period starting on 13 January 1993 and ending on the commencement of this Division, other than a determination made in that period pursuant to a representative complaint lodged before 13 January 1993, except where the respondent to the determination is a Commonwealth agency or the principal executive of a Commonwealth agency.

RACIAL DISCRIMINATION ACT 1975 - SECT 25ZCC
Proceedings in the Federal Court in relation to a Subdivision B determination

SECT

25ZCC. (1) A person referred to in subsection (2) may commence proceedings in the Federal Court for an order under this section in relation to a Subdivision B determination.


(2) The following persons may commence proceedings under subsection (1):
(a) the Commission;
(b) the complainant;
(c) a trade union acting on behalf of the complainant;
(d) the respondent to the determination.


(3) The Court must consider whether the respondent to the determination has engaged in conduct or committed an act that is unlawful under this Act, and may, subject to subsection (4), make such orders (including a declaration of right) as it thinks fit.


(4) In deciding what orders to make under subsection (3), the Court must take into account:
(a) any money paid, or conduct engaged in or not engaged in, by the respondent to the determination pursuant to the determination; and
(b) the outcome of any recovery proceedings in relation to the determination.


(5) The Court may, if it thinks fit, grant an interim injunction pending the determination of the proceedings.


(6) The Court is not to require a person, as a condition of granting an interim injunction, to give an undertaking as to damages.


(7) In the proceedings, the question whether the respondent has engaged in conduct or committed an act that is unlawful under this Act is to be dealt with by the Court by way of a hearing de novo, but the Court may receive as evidence any of the following:
(a) a copy of the Commission's written reasons for the determination;
(b) a copy of any document that was before the Commission;
(c) a copy of the record (including any tape recording) of the Commission's inquiry into the complaint.


(8) In this section:
"complainant":
(a) in relation to a representative complaint - means any of the class members; and
(b) in relation to a complaint made by a trade union on behalf of a person, not being a representative complaint - means the person on whose behalf the complaint was made;
"trade union" has the same meaning as in section 22.

RACIAL DISCRIMINATION ACT 1975 - SECT 25ZCD
Federal Court may vary order made under section 25ZCC if a court
determines recovery proceedings

SECT

25ZCD. (1) If:
(a) the Federal Court makes an order under subsection 25ZCC(3) in relation to a Subdivision B determination; and
(b) after the Federal Court makes the order, a court makes an order determining recovery proceedings in relation to the determination;
the person against whom the recovery proceedings were commenced may apply to the Federal Court for a variation of the order it made under subsection 25ZCC(3).


(2) The Court may vary the order it made if it thinks it appropriate to do so having regard to its reasons for making that order and to the order made in the recovery proceedings.

RACIAL DISCRIMINATION ACT 1975 - SECT 25ZCE
Assistance in proceedings before the Federal Court

SECT

25ZCE. (1) A person who is a party to proceedings in the Federal Court under this Subdivision, or who proposes to commence such proceedings, may apply to the Attorney-General for the provision of assistance under this section in respect of the proceedings.


(2) If:
(a) an application is made by a person under subsection (1); and
(b) the Attorney-General is satisfied that, in all the circumstances, it is reasonable to grant the application;
the Attorney-General may authorise the provision by the Commonwealth to that person, on such conditions (if any) as the Attorney-General determines, of such legal or financial assistance in respect of the proceedings as the Attorney-General determines.

RACIAL DISCRIMINATION ACT 1975 - SECT 25ZCF
Subdivision does not create right for respondent to determination
to commence proceedings

SECT

25ZCF. This Subdivision (except section 25ZCC) does not create, and is not to be taken to create, any right of action in favour of the respondent to a Subdivision B determination.

RACIAL DISCRIMINATION ACT 1975 - DIVISION 4
Division 4 - Review and enforcement of determinations
involving Commonwealth agencies

RACIAL DISCRIMINATION ACT 1975 - SECT 25ZD
Application of Division

SECT

25ZD. This Division applies to a determination that is made under section 25Y or 25Z and has a Commonwealth agency, or the principal executive of a Commonwealth agency, as the respondent.

RACIAL DISCRIMINATION ACT 1975 - SECT 25ZE
Obligations of respondent agency

SECT

25ZE. (1) If a Commonwealth agency is the respondent to a determination to which this Division applies that is made under section 25Y, the agency must comply with the determination.


(2) If a Commonwealth agency is the respondent to a determination to which this Division applies that is made under section 25Z:
(a) the agency must not repeat or continue conduct that is covered by a declaration included in the determination under subparagraph 25Z (1) (b) (i); and
(b) the agency must perform the act or course of conduct that is covered by a declaration included in the determination under subparagraph 25Z (1) (b) (ii), (iii), (v) or (vi).

RACIAL DISCRIMINATION ACT 1975 - SECT 25ZF
Obligations of principal executive of agency

SECT

25ZF. (1) If the principal executive of a Commonwealth agency is the respondent to a determination to which this Division applies that is made under section 25Y, the principal executive must take all such steps as are reasonably within his or her power to ensure:
(a) that the terms of the determination are brought to the notice of all members, officers and employees of the agency whose duties are such that they may engage in conduct of the kind to which the determination relates; and
(b) that the determination is complied with.


(2) If the principal executive of a Commonwealth agency is the respondent to a determination to which this Division applies that is made under section 25Z, the principal executive must take all such steps as are reasonably within his or her power to ensure:
(a) that the terms of the determination are brought to the notice of all members, officers and employees of the agency whose duties are such that they may engage in conduct of the kind to which the determination relates; and
(b) that no member, officer or employee of the agency repeats or continues conduct that is covered by a declaration included in the determination under subparagraph 25Z (1) (b) (i); and
(c) the performance of any act or course of conduct that is covered by a declaration included in the determination under subparagraph 25Z (1) (b) (ii), (iii), (v) or (vi).

RACIAL DISCRIMINATION ACT 1975 - SECT 25ZG
Damages

SECT

25ZG. (1) If a determination to which this Division applies that is made under section 25Z includes a declaration that the respondent should pay damages to the complainant, the complainant is entitled to be paid the amount specified in the declaration.


(2) If the respondent is a Commonwealth agency that has the capacity to sue and be sued, the amount is recoverable as a debt due by the agency to the complainant. In any other case, the amount is recoverable as a debt due by the Commonwealth to the complainant.


(3) In this section:
"complainant", in relation to a representative complaint, means a class member.

RACIAL DISCRIMINATION ACT 1975 - SECT 25ZH
Review of determinations regarding damages

SECT

25ZH. (1) Application may be made to the Administrative Appeals Tribunal for review of:
(a) a declaration of the kind referred to in subparagraph 25Z (1) (b) (iv) that is included in a determination to which this Division applies; or
(b) a decision of the Commission refusing to include such a declaration in a determination to which this Division applies.


(2) A Commonwealth agency, or the principal executive of a Commonwealth agency, may not apply for review without the permission of the Minister.


(3) In exercising powers in relation to an application under subsection (1), the Tribunal must be constituted by a presidential member who is a Judge and 2 other members who are not Judges. This subsection has effect subject to subsection 21 (1A) of the Administrative Appeals Tribunal Act 1975.


(4) Terms used in subsection (3) that are also used in the Administrative Appeals Tribunal Act 1975 have the same meanings as in that Act.

RACIAL DISCRIMINATION ACT 1975 - SECT 25ZI
Enforcement of determination against Commonwealth agency

SECT

25ZI. (1) If a Commonwealth agency fails to comply with section 25ZE, an application may be made to the Federal Court for an order directing the agency to comply.


(2) If the principal executive of a Commonwealth agency fails to comply with section 25ZF, an application may be made to the Federal Court for an order directing the principal executive to comply.


(3) The application may be made by the Commission or by the complainant. In the case of a representative complaint, "complainant" means a class member.


(4) On an application under this section, the Federal Court may make such other orders as it thinks fit with a view to securing compliance by the respondent.


(5) An application may not be made under this section in relation to a determination under section 25Z until:
(a) the time has expired for making an application under section 25ZH for review of the determination; or
(b) if such an application is made, the decision of the Administrative Appeals Tribunal on the application has come into operation.

RACIAL DISCRIMINATION ACT 1975 - PART IV
PART IV - OFFENCES

RACIAL DISCRIMINATION ACT 1975 - SECT 26
Unlawful acts not offences unless expressly so provided

SECT

26. 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.

RACIAL DISCRIMINATION ACT 1975 - SECT 27
Offences relating to administration of Act

SECT

27. (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 (1):
(a) in the case of a natural person - $1,000; or
(b) in the case of a body corporate - $5,000.


(2) A person shall not:
(a) refuse to employ another person;
(b) dismiss, or threaten to dismiss, another person from the other person's employment;
(c) prejudice, or threaten to prejudice, another person in the other person's employment; or
(d) intimidate or coerce, or impose any pecuniary or other penalty upon, another person;
by reason that the other person:
(e) has made, or proposes to make, a complaint under this Act;
(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
(g) has attended, or proposes to attend, a conference referred to in section 24C.
Penalty for an offence against subsection (2):
(a) in the case of a natural person - $2,500 or imprisonment for 3 months, or both; or
(b) in the case of a body corporate - $10,000.

RACIAL DISCRIMINATION ACT 1975 - SECT 27A
Failure to attend conference

SECT

27A. A person who has been given a direction under subsection 24C (1) to attend a conference shall not, without reasonable excuse:
(a) fail to attend as required by the direction; or
(b) fail to attend and report from day to day unless excused, or released from further attendance, by the person presiding at the conference.
Penalty:
(a) in the case of a natural person - $1,000; or
(b) in the case of a body corporate - $5,000.

RACIAL DISCRIMINATION ACT 1975 - SECT 27B
Failure to furnish information etc.

SECT

27B. A person shall not, without reasonable excuse, refuse or fail:
(a) to furnish information; or
(b) to produce a document;
when so required pursuant to section 24B, 24C or 24D.
Penalty:
(a) in the case of a natural person - $1,000; or
(b) in the case of a body corporate - $5,000.

RACIAL DISCRIMINATION ACT 1975 - SECT 27C
Offences in relation to Commission

SECT

27C. (1) A person served, as prescribed, with a summons to appear before the Commission as a witness shall not, without reasonable excuse:
(a) fail to attend as required by the summons; or
(b) fail to appear and report from day to day unless excused, or released from further attendance, by the Commission.


(2) A person appearing before the Commission as a witness at an inquiry shall not, without reasonable excuse:
(a) refuse or fail to be sworn or make an affirmation;
(b) refuse or fail to answer a question that is required by the member presiding at the inquiry to be answered; or
(c) refuse or fail to produce a document that was required to be produced by a summons under this Act served on that person as prescribed.


(3) A person shall not:
(a) interrupt an inquiry or proceedings of the Commission;
(b) use insulting language towards a member of the Commission when the member is exercising any powers or performing any functions as a member;
(c) make a publication in contravention of any direction given under section 25J;
(d) create a disturbance or take part in creating or continuing a disturbance in or near a place where the Commission is meeting or holding an inquiry; or
(e) do any other act or thing that would, if the Commission were a court of record, constitute a contempt of that court.
Penalty:
(a) in the case of a natural person - $1,000; or
(b) in the case of a body corporate - $5,000.

RACIAL DISCRIMINATION ACT 1975 - SECT 27D
Self-incrimination

SECT

27D. (1) It is not a reasonable excuse for the purposes of section 27B for a person to refuse or fail to furnish information or produce a document that the furnishing of the information or the production of the document might incriminate the person, but evidence of the furnishing of the information or the production of the document is not admissible in evidence against the person in any civil or criminal proceeding before a court, other than a proceeding for an offence under section 27E.


(2) Without limiting the generality of the expression "reasonable excuse" in section 27C, it is hereby declared for the removal of doubt that it is a reasonable excuse for the purposes of that section for a person to refuse or fail to answer a question put to the person at an inquiry, or to refuse to produce a document, that the answer to the question or the production of the document might incriminate the person.

RACIAL DISCRIMINATION ACT 1975 - SECT 27E
False or misleading information

SECT

27E. A person shall not furnish information or make a statement to the Commission, to the Commissioner or to any other person exercising powers or performing functions under this Act, knowing that the information or statement is false or misleading in a material particular.
Penalty:
(a) in the case of a natural person - $2,500 or imprisonment for 3 months, or both; or
(b) in the case of a body corporate - $10,000.

RACIAL DISCRIMINATION ACT 1975 - SECT 27F
Non-disclosure of private information

SECT

27F. (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, except in the performance of a duty under or in connection with this Act or in the performance or exercise of such a function or power:
(a) make a record of, or divulge or communicate to any person, any information relating to the affairs of another person acquired by the first-mentioned person by reason of that person's office or employment under or for the purpose of this Act or by reason of that person being or having been so authorised;
(b) make use of any such information as is mentioned in paragraph (a); or
(c) produce to any person a document relating to the affairs of another person furnished for the purposes of this Act.
Penalty: $5,000 or imprisonment for 1 year, or both.


(2) A person who is, or has at any time been, the Commissioner, a member of the Commission or a member of the staff assisting the Commission or is, or has at any time been, authorised to perform or exercise any function or power of the Commission or the Commissioner or any function or power on behalf of the Commission or the Commissioner, being a function or power conferred on the Commission or on the Commissioner under this Act, shall not be required:
(a) to divulge or communicate to a court any information relating to the affairs of another person acquired by the first-mentioned person by reason of that person's office or employment under or for the purposes of this Act or by reason of that person being or having been so authorised; or
(b) to produce in a court a document relating to the affairs of another person of which the first-mentioned person has custody, or to which that person has access, by reason of that person's office or employment under or for the purposes of this Act or by reason of that person being or having been so authorised;
except where it is necessary to do so for the purposes of this Act.


(3) Nothing in this section prohibits a person from:
(a) making a record of information that is, or is included in a class of information that is, required or permitted by an Act to be recorded, if the record is made for the purposes of or pursuant to that Act;
(b) divulging or communicating information, or producing a document, to any person in accordance with an arrangement in force under section 16 of the Human Rights and Equal Opportunity Commission Act 1986; or
(c) divulging or communicating information, or producing a document, that is, or is included in a class of information that is or class of documents that are, required or permitted by an Act to be divulged, communicated or produced, as the case may be, if the information is divulged or communicated, or the document is produced, for the purposes of or pursuant to that Act.


(4) Nothing in subsection (2) prevents a person from being required, for the purposes of or pursuant to an Act, to divulge or communicate information, or to produce a document, that is, or is included in a class of information that is or class of documents that are, required or permitted by that Act to be divulged, communicated or produced.


(5) In this section:
"court" includes any tribunal, authority or person having power to require the production of documents or the answering of questions;
"produce" includes permit access to.

RACIAL DISCRIMINATION ACT 1975 - PART V
PART V - COMMUNITY RELATIONS COUNCIL

RACIAL DISCRIMINATION ACT 1975 - SECT 28
Establishment and functions of Council

SECT

28. (1) For the purposes of this Act there is established a Community Relations Council.


(2) It is the function of the Council to advise, and make recommendations to, the Minister and the Commission, either of its own motion or upon request made to it by the Minister or the Commission, as the case may be, concerning:
(a) the observance and implementation of the Convention;
(b) the promotion of educational programs with respect to the observance of the Convention;
(c) the promotion of studies and research programs with respect to the observance and implementation of the Convention;
(d) the publication and dissemination of material to assist in the observance and implementation of the Convention;
(e) the promotion of understanding, tolerance and friendship among racial and ethnic groups; and
(f) any other matter related to the observance or implementation of the Convention.

RACIAL DISCRIMINATION ACT 1975 - PART VI
PART VI - ADMINISTRATIVE PROVISIONS

RACIAL DISCRIMINATION ACT 1975 - DIVISION 1
Division 1 - Race Discrimination Commissioner

RACIAL DISCRIMINATION ACT 1975 - SECT 29
Appointment of Race Discrimination Commissioner

SECT

29. (1) The Race Discrimination Commissioner shall be appointed by the Governor-General.


(2) A person is not qualified to be appointed as the Race Discrimination Commissioner unless the Governor-General is satisfied that the person has appropriate qualifications, knowledge or experience.

RACIAL DISCRIMINATION ACT 1975 - SECT 30
Terms and conditions of appointment

SECT

30. (1) Subject to this section, the Commissioner holds office for such period, not exceeding 7 years, as is specified in the instrument of his or her appointment, but is eligible for re-appointment.


(2) A person who has attained the age of 65 years shall not be appointed or re-appointed as the Commissioner and a person shall not be appointed or re-appointed as the Commissioner for a period that extends beyond the day on which the person will attain the age of 65 years.


(3) The Commissioner holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Governor-General.

RACIAL DISCRIMINATION ACT 1975 - SECT 31
Remuneration of Commissioner

SECT

31. (1) The Commissioner shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, the Commissioner shall be paid such remuneration as is prescribed.


(2) The Commissioner shall be paid such allowances as are prescribed.


(3) This section has effect subject to the Remuneration Tribunal Act 1973.

RACIAL DISCRIMINATION ACT 1975 - SECT 32
Leave of absence

SECT

32. (1) Subject to section 87E of the Public Service Act 1922, the Commissioner has such recreation leave entitlements as are determined by the Remuneration Tribunal.


(2) The Minister may grant the Commissioner leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.

RACIAL DISCRIMINATION ACT 1975 - SECT 33
Resignation

SECT

33. The Commissioner may resign from the office of Commissioner by writing signed by the Commissioner and delivered to the Governor-General.

RACIAL DISCRIMINATION ACT 1975 - SECT 34
Termination of appointment

SECT

34. (1) The Governor-General may terminate the appointment of the Commissioner by reason of misbehaviour or of physical or mental incapacity.


(2) The Governor-General shall terminate the appointment of the Commissioner if the Commissioner:
(a) is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any period of 12 months; or
(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit.

RACIAL DISCRIMINATION ACT 1975 - SECT 35
Outside employment

SECT

35. The Commissioner shall not, except with the approval of the Minister, engage in paid employment outside the duties of the office of Commissioner.

RACIAL DISCRIMINATION ACT 1975 - SECT 36
Acting Commissioner

SECT

36. (1) The Minister may appoint a person to act in the office of Commissioner during any period, or during all periods, when the Commissioner is absent from duty or from Australia or during a vacancy in that office.


(4) Sections 32, 33 and 35 apply in relation to a person appointed to act in the office of Commissioner in like manner as they apply in relation to the Commissioner.


(6) The validity of anything done by a person appointed to act in the office of Commissioner shall not be called in question on the ground that the occasion for the person's appointment had not arisen or that the appointment had ceased to have effect.

RACIAL DISCRIMINATION ACT 1975 - SECT 40
Delegation

SECT

40. (1) The Commission may, by writing under its seal, delegate to a member of its staff, or to another person, all or any of the powers conferred on the Commission under this Act.


(2) The Commissioner may, by writing signed by the Commissioner, delegate to a member of the staff of the Commission approved by the Commission, or to another person approved by the Commission, all or any of the powers exercisable by the Commissioner under this Act.

RACIAL DISCRIMINATION ACT 1975 - DIVISION 2
Division 2 - Community Relations Council

RACIAL DISCRIMINATION ACT 1975 - SECT 41
Constitution of Council

SECT

41. (1) The Council shall consist of such members (not being less than 10 or more than 20 in number) as the Minister appoints.


(2) One of the members shall be designated in the instrument of the member's appointment as the Chairman of the Council and another of the members shall be designated in the instrument of the member's appointment as the Deputy Chairman of the Council.


(3) The performance of the functions or the exercise of the powers of the Council is not affected by the number of members falling below 10 for a period not exceeding 3 months.

RACIAL DISCRIMINATION ACT 1975 - SECT 42
Remuneration of members

SECT

42. (1) Members shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, they shall be paid such remuneration as is prescribed.


(2) Members shall be paid such allowances as are prescribed.


(3) This section has effect subject to the Remuneration Tribunal Act 1973.

RACIAL DISCRIMINATION ACT 1975 - SECT 43
Meetings of Council

SECT

43. (1) The Chairman, or, if the Chairman is unavailable, the Deputy Chairman, may convene meetings of the Council.


(2) At a meeting of the Council, 6 members constitute a quorum.


(3) The Chairman shall preside at all meetings of the Council at which the Chairman is present.


(4) If the Chairman is not present at a meeting of the Council but the Deputy Chairman is present, the Deputy Chairman shall preside at the meeting.


(5) If the Chairman and the Deputy Chairman are not present at a meeting of the Council, the members present shall appoint one of their number to preside at the meeting.


(6) Questions arising at a meeting of the Council shall be decided by a majority of the votes of the members present and voting.


(7) The member presiding at a meeting of the Council has a deliberative vote and, in the event of an equality of votes, also has a casting vote.


(8) The Council shall cause records to be kept of its meetings.

RACIAL DISCRIMINATION ACT 1975 - PART VII
PART VII - MISCELLANEOUS

RACIAL DISCRIMINATION ACT 1975 - SECT 44
Jurisdiction

SECT

44. (1) The several courts of the States are invested with federal jurisdiction, and jurisdiction is conferred on the several courts of the Territories, within the limits of their several jurisdictions, whether those limits are as to locality, subject-matter or otherwise, to hear and determine civil and criminal proceedings instituted in those courts under this Act.


(2) No proceedings under this Act shall be instituted in a court of a State or Territory before a day to be fixed by Proclamation as the day on which:
(a) that court shall commence to exercise its jurisdiction under subsection (1); or
(b) a class of courts of that State or Territory in which that court is included shall commence to exercise their jurisdiction under that subsection;
but nothing in this subsection prevents a court from exercising jurisdiction in a matter arising under this Act in a proceeding instituted in that court otherwise than under this Act.

RACIAL DISCRIMINATION ACT 1975 - SECT 45
Protection from civil actions

SECT

45. (1) The Commission, a member of the Commission, the Commissioner or a person acting under the direction or authority of the Commission or of the Commissioner or under a delegation under section 40 is not liable to an action or other proceeding for damages for or in relation to an act done or omitted to be done in good faith in the performance or purported performance of any function, or in the exercise or purported exercise of any power or authority, conferred on the Commission or the Commissioner.


(2) Where:
(a) a complaint has been made to the Commission; or
(b) a submission has been made, a document or information has been furnished, 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 the complaint or submission was made, the document or information was furnished or the evidence was given.

RACIAL DISCRIMINATION ACT 1975 - SECT 45A
Commissioner to furnish information

SECT

45A. The Commissioner shall furnish to the Commission such information relating to the Commissioner's operations under this Act as the Commission from time to time requires.

RACIAL DISCRIMINATION ACT 1975 - SECT 47
Regulations

SECT

47. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, prescribing the manner in which a member may resign from office and prescribing fees and allowances payable to members of conciliation committees.

RACIAL DISCRIMINATION ACT 1975 - SCHEDULE

SCH

SCHEDULE Section 3 (1)
INTERNATIONAL CONVENTION ON THE ELIMINATION OF
ALL FORMS OF RACIAL DISCRIMINATION
The States Parties to this Convention,
Considering that the Charter of the United Nations is based on
the principles of the dignity and equality inherent in all human
beings, and that all Member States have pledged themselves to take
joint and separate action, in co-operation with the Organization,
for the achievement of one of the purposes of the United Nations
which is to promote and encourage universal respect for and
observance of human rights and fundamental freedoms for all,
without distinction as to race, sex, language or religion,
Considering that the Universal Declaration of Human Rights
proclaims that all human beings are born free and equal in dignity
and rights and that everyone is entitled to all the rights and
freedoms set out therein, without distinction of any kind, in
particular as to race, colour or national origin,
Considering that all human beings are equal before the law and
are entitled to equal protection of the law against any
discrimination and against any incitement to discrimination,
Considering that the United Nations has condemned colonialism and
all practices of segregation and discrimination associated
therewith, in whatever form and wherever they exist, and that the
Declaration on the Granting of Independence to Colonial Countries
and Peoples of 14 December 1960 (General Assembly resolution 1514
(XV)) has affirmed and solemnly proclaimed the necessity of
bringing them to a speedy and unconditional end,
Considering that the United Nations Declaration on the
Elimination of All Forms of Racial Discrimination of 20 November
1963 (General Assembly resolution 1904 (XVIII)) solemnly affirms
the necessity of speedily eliminating racial discrimination
throughout the world in all its forms and manifestations and of
securing understanding of and respect for the dignity of the human
person,
Convinced that any doctrine of superiority based on racial
differentiation is scientifically false, morally condemnable,
socially unjust and dangerous, and that there is no justification
for racial discrimination, in theory or in practice, anywhere,
Reaffirming that discrimination between human beings on the
grounds of race, colour or ethnic origin is an obstacle to friendly
and peaceful relations among nations and is capable of disturbing
peace and security among peoples and the harmony of persons living
side by side even within one and the same State,
Convinced that the existence of racial barriers is repugnant to
the ideals of any human society,
Alarmed by manifestations of racial discrimination still in
evidence in some areas of the world and by governmental policies
based on racial superiority or hatred, such as policies of
apartheid, segregation or separation,
Resolved to adopt all necessary measures for speedily eliminating
racial discrimination in all its forms and manifestations, and to
prevent and combat racist doctrines and practices in order to
promote understanding between races and to build an international
community free from all forms of racial segregation and racial
discrimination,
Bearing in mind the Convention concerning Discrimination in
respect of Employment and Occupation adopted by the International
Labour Organisation in 1958, and the Convention against
Discrimination in Education adopted by the United Nations
Educational, Scientific and Cultural Organization in 1960,
Desiring to implement the principles embodied in the United
Nations Declaration on the Elimination of All Forms of Racial
Discrimination and to secure the earliest adoption of practical
measures to that end,
Have agreed as follows:
PART I
Article 1
1. In this Convention, the term "racial discrimination" shall
mean any distinction, exclusion, restriction or preference based on
race, colour, descent, or national or ethnic origin which has the
purpose or effect of nullifying or impairing the recognition,
enjoyment or exercise, on an equal footing, of human rights and
fundamental freedoms in the political, economic, social, cultural
or any other field of public life.
2. This Convention shall not apply to distinctions, exclusions,
restrictions or preferences made by a State Party to this
Convention between citizens and non-citizens.
3. Nothing in this Convention may be interpreted as affecting in
any way the legal provisions of States Parties concerning
nationality, citizenship or naturalization, provided that such
provisions do not discriminate against any particular nationality.
4. Special measures taken for the sole purpose of securing
adequate advancement of certain racial or ethnic groups or
individuals requiring such protection as may be necessary in order
to ensure such groups or individuals equal enjoyment or exercise of
human rights and fundamental freedoms shall not be deemed racial
discrimination, provided, however, that such measures do not, as a
consequence, lead to the maintenance of separate rights for
different racial groups and that they shall not be continued after
the objectives for which they were taken have been achieved.
Article 2
1. States Parties condemn racial discrimination and undertake to
pursue by all appropriate means and without delay a policy of
eliminating racial discrimination in all its forms and promoting
understanding among all races, and, to this end:
(a) Each State Party undertakes to engage in no act or
practice of racial discrimination against persons, groups of
persons or institutions and to ensure that all public authorities
and public institutions, national and local, shall act in
conformity with this obligation;
(b) Each State Party undertakes not to sponsor, defend or support
racial discrimination by any persons or organizations;
(c) Each State Party shall take effective measures to review
governmental, national and local policies, and to amend, rescind or
nullify any laws and regulations which have the effect of creating
or perpetuating racial discrimination wherever it exists;
(d) Each State Party shall prohibit and bring to an end, by all
appropriate means, including legislation as required by
circumstances, racial discrimination by any persons, group or
organization;
(e) Each State Party undertakes to encourage, where appropriate,
integrationist multi-racial organizations and movements and other
means of eliminating barriers between races, and to discourage
anything which tends to strengthen racial division.
2. States Parties shall, when the circumstances so warrant, take,
in the social, economic, cultural and other fields, special and
concrete measures to ensure the adequate development and protection
of certain racial groups or individuals belonging to them, for the
purpose of guaranteeing them the full and equal enjoyment of human
rights and fundamental freedoms. These measures shall in no case
entail as a consequence the maintenance of unequal or separate
rights for different racial groups after the objectives for which
they were taken have been achieved.
Article 3
States Parties particularly condemn racial segregation and
apartheid and undertake to prevent, prohibit and eradicate all
practices of this nature in territories under their jurisdiction.
Article 4
States Parties condemn all propaganda and all organizations which
are based on ideas or theories of superiority of one race or group
of persons of one colour or ethnic origin, or which attempt to
justify or promote racial hatred and discrimination in any form,
and undertake to adopt immediate and positive measures designed to
eradicate all incitement to, or acts of, such discrimination and,
to this end, with due regard to the principles embodied in the
Universal Declaration of Human Rights and the rights expressly set
forth in article 5 of this Convention, inter alia:
(a) Shall declare an offence punishable by law all dissemination
of ideas based on racial superiority or hatred, incitement to
racial discrimination, as well as all acts of violence or
incitement to such acts against any race or group of persons of
another colour or ethnic origin, and also the provision of any
assistance to racist activities, including the financing thereof;
(b) Shall declare illegal and prohibit organizations, and also
organized and all other propaganda activities, which promote and
incite racial discrimination, and shall recognize participation in
such organizations or activities as an offence punishable by law;
(c) Shall not permit public authorities or public institutions,
national or local, to promote or incite racial discrimination.
Article 5
In compliance with the fundamental obligations laid down in
article 2 of this Convention, States Parties undertake to prohibit
and to eliminate racial discrimination in all its forms and to
guarantee the right of everyone, without distinction as to race,
colour, or national or ethnic origin, to equality before the law,
notably in the enjoyment of the following rights:
(a) The right to equal treatment before the tribunals and all
other organs administering justice;
(b) The right to security of person and protection by the State
against violence or bodily harm, whether inflicted by government
officials or by any individual, group or institution;
(c) Political rights, in particular the rights to participate in
elections - to vote and to stand for election - on the basis of
universal and equal suffrage, to take part in the Government as
well as in the conduct of public affairs at any level and to have
equal access to public service;
(d) Other civil rights, in particular:
(i) The right to freedom of movement and residence within the
border of the State;
(ii) The right to leave any country, including one's own, and
to return to one's country;
(iii) The right to nationality;
(iv) The right to marriage and choice of spouse;
(v) The right to own property alone as well as in association
with others;
(vi) The right to inherit;
(vii) The right to freedom of thought, conscience and religion;
(viii) The right to freedom of opinion and expression;
(ix) The right to freedom of peaceful assembly and association;
(e) Economic, social and cultural rights, in particular:
(i) The rights to work, to free choice of employment, to just
and favourable conditions of work, to protection against
unemployment, to equal pay for equal work, to just and favourable
remuneration;
(ii) The right to form and join trade unions;
(iii) The right to housing;
(iv) The right to public health, medical care, social security
and social services;
(v) The right to education and training;
(vi) The right to equal participation in cultural activities;
(f) The right of access to any place or service intended for use
by the general public such as transport, hotels, restaurants,
cafes, theatres and parks.
Article 6
States Parties shall assure to everyone within their jurisdiction
effective protection and remedies, through the competent national
tribunals and other State institutions, against any acts of racial
discrimination which violate his human rights and fundamental
freedoms contrary to this Convention, as well as the right to seek
from such tribunals just and adequate reparation or satisfaction
for any damage suffered as a result of such discrimination.
Article 7
States Parties undertake to adopt immediate and effective
measures, particularly in the fields of teaching, education,
culture and information, with a view to combating prejudices which
lead to racial discrimination and to promoting understanding,
tolerance and friendship among nations and racial or ethnic groups,
as well as to propagating the purposes and principles of the
Charter of the United Nations, the Universal Declaration of Human
Rights, the United Nations Declaration on the Elimination of All
Forms of Racial Discrimination, and this Convention.
PART II
Article 8
1. There shall be established a Committee on the Elimination of
Racial Discrimination (hereinafter referred to as the Committee)
consisting of eighteen experts of high moral standing and
acknowledged impartiality elected by States Parties from amongst
their nationals who shall serve in their personal capacity,
consideration being given to equitable geographical distribution
and to the representation of the different forms of civilization as
well as of the principal legal systems.
2. The members of the Committee shall be elected by secret ballot
from a list of persons nominated by the States Parties. Each State
Party may nominate one person from among its own nationals.
3. The initial election shall be held six months after the date
of the entry into force of this Convention. At least three months
before the date of each election the Secretary-General of the
United Nations shall address a letter to the States Parties
inviting them to submit their nominations within two months. The
Secretary-General shall prepare a list in alphabetical order of all
persons thus nominated, indicating the States Parties which have
nominated them, and shall submit it to the States Parties.
4. Elections of the members of the Committee shall be held at a
meeting of States Parties convened by the Secretary-General at
United Nations Headquarters. At that meeting, for which two-thirds
of the States Parties shall constitute a quorum, the persons
elected to the Committee shall be those nominees who obtain the
largest number of votes and an absolute majority of the votes of
the representatives of States Parties present and voting.
5. (a) The members of the Committee shall be elected for a term
of four years. However, the terms of nine of the members elected at
the first election shall expire at the end of two years;
immediately after the first election the names of these nine
members shall be chosen by lot by the Chairman of the Committee.
(b) For the filling of casual vacancies, the State Party whose
expert has ceased to function as a member of the Committee shall
appoint another expert from among its nationals, subject to the
approval of the Committee.
6. States Parties shall be responsible for the expenses of the
members of the Committee while they are in performance of Committee
duties.
Article 9
1. States Parties undertake to submit to the Secretary-General of
the United Nations, for consideration by the Committee, a report on
the legislative, judicial, administrative or other measures which
they have adopted and which give effect to the provisions of this
Convention:
(a) within one year after the entry into force of the Convention
for the State concerned; and
(b) thereafter every two years and whenever the Committee so
requests. The Committee may request further information from the
States Parties.
2. The Committee shall report annually, through the
Secretary-General, to the General Assembly of the United Nations on
its activities and may make suggestions and general recommendations
based on the examination of the reports and information received
from the States Parties. Such suggestions and general
recommendations shall be reported to the General Assembly together
with comments, if any, from States Parties.
Article 10
1. The Committee shall adopt its own rules of procedure.
2. The Committee shall elect its officers for a term of two
years.
3. The secretariat of the Committee shall be provided by the
Secretary-General of the United Nations.
4. The meetings of the Committee shall normally be held at United
Nations Headquarters.
Article 11
1. If a State Party considers that another State Party is not
giving effect to the provisions of this Convention, it may bring
the matter to the attention of the Committee. The Committee shall
then transmit the communication to the State Party concerned.
Within three months, the receiving State shall submit to the
Committee written explanations or statements clarifying the matter
and the remedy, if any, that may have been taken by that State.
2. If the matter is not adjusted to the satisfaction of both
parties, either by bilateral negotiations or by any other procedure
open to them, within six months after the receipt by the receiving
State of the initial communication, either State shall have the
right to refer the matter again to the Committee by notifying the
Committee and also the other State.
3. The Committee shall deal with a matter referred to it in
accordance with paragraph 2 of this article after it has
ascertained that all available domestic remedies have been invoked
and exhausted in the case, in conformity with the generally
recognized principles of international law. This shall not be the
rule where the application of the remedies is unreasonably
prolonged.
4. In any matter referred to it, the Committee may call upon the
States Parties concerned to supply any other relevant information.
5. When any matter arising out of this article is being
considered by the Committee, the States Parties concerned shall be
entitled to send a representative to take part in the proceedings
of the Committee, without voting rights, while the matter is under
consideration.
Article 12
1. (a) After the Committee has obtained and collated all the
information it deems necessary, the Chairman shall appoint an ad
hoc Conciliation Commission (hereafter referred to as the
Commission) comprising five persons who may or may not be members
of the Committee. The members of the Commission shall be appointed
with the unanimous consent of the parties to the dispute, and its
good offices shall be made available to the States concerned with a
view to an amicable solution of the matter on the basis of respect
for this Convention.
(b) If the States parties to the dispute fail to reach agreement
within three months on all or part of the composition of the
Commission, the members of the Commission not agreed upon by the
States parties to the dispute shall be elected by secret ballot by
a two-thirds majority vote of the Committee from among its own
members.
2. The members of the Commission shall serve in their personal
capacity. They shall not be nationals of the States parties to the
dispute or of a State not Party to this Convention.
3. The Commission shall elect its own Chairman and adopt its own
rules of procedure.
4. The meetings of the Commission shall normally be held at
United Nations Headquarters or at any other convenient place as
determined by the Commission.
5. The secretariat provided in accordance with article 10,
paragraph 3, of this Convention shall also service the Commission
whenever a dispute among States Parties brings the Commission into
being.
6. The States Parties to the dispute shall share equally all the
expenses of the members of the Commission in accordance with
estimates to be provided by the Secretary-General of the United
Nations.
7. The Secretary-General shall be empowered to pay the expenses
of the members of the Commission, if necessary, before
reimbursement by the States parties to the dispute in accordance
with paragraph 6 of this article.
8. The information obtained and collated by the Committee shall
be made available to the Commission, and the Commission may call
upon the States concerned to supply any other relevant information.
Article 13
1. When the Commission has fully considered the matter, it shall
prepare and submit to the Chairman of the Committee a report
embodying its findings on all questions of fact relevant to the
issue between the parties and containing such recommendations as it
may think proper for the amicable solution of the dispute.
2. The Chairman of the Committee shall communicate the report of
the Commission to each of the States parties to the dispute. These
States shall, within three months, inform the Chairman of the
Committee whether or not they accept the recommendations contained
in the report of the Commission.
3. After the period provided for in paragraph 2 of this article,
the Chairman of the Committee shall communicate the report of the
Commission and the declarations of the States Parties concerned to
the other States Parties to this Convention.
Article 14
1. A State Party may at any time declare that it recognizes the
competence of the Committee to receive and consider communications
from individuals or groups of individuals within its jurisdiction
claiming to be victims of a violation by that State Party of any of
the rights set forth in this Convention. No communication shall be
received by the Committee if it concerns a State Party which has
not made such a declaration.
2. Any State Party which makes a declaration as provided for in
paragraph 1 of this article may establish or indicate a body within
its national legal order which shall be competent to receive and
consider petitions from individuals and groups of individuals
within its jurisdiction who claim to be victims of a violation of
any of the rights set forth in this Convention and who have
exhausted other available local remedies.
3. A declaration made in accordance with paragraph 1 of this
article and the name of any body established or indicated in
accordance with paragraph 2 of this article shall be deposited by
the State Party concerned with the Secretary-General of the United
Nations, who shall transmit copies thereof to the other States
Parties. A declaration may be withdrawn at any time by notification
to the Secretary-General, but such a withdrawal shall not affect
communications pending before the Committee.
4. A register of petitions shall be kept by the body established
or indicated in accordance with paragraph 2 of this article, and
certified copies of the register shall be filed annually through
appropriate channels with the Secretary-General on the
understanding that the contents shall not be publicly disclosed.
5. In the event of failure to obtain satisfaction from the body
established or indicated in accordance with paragraph 2 of this
article, the petitioner shall have the right to communicate the
matter to the Committee within six months.
6. (a) The Committee shall confidentially bring any communication
referred to it to the attention of the State Party alleged to be
violating any provision of this Convention, but the identity of the
individual or groups of individuals concerned shall not be revealed
without his or their express consent. The Committee shall not
receive anonymous communications.
(b) Within three months, the receiving State shall submit to the
Committee written explanations or statements clarifying the matter
and the remedy, if any, that may have been taken by that State.
7. (a) The Committee shall consider communications in the light
of all information made available to it by the State Party
concerned and by the petitioner. The Committee shall not consider
any communication from a petitioner unless it has ascertained that
the petitioner has exhausted all available domestic remedies.
However, this shall not be the rule where the application of the
remedies is unreasonably prolonged.
(b) The Committee shall forward its suggestions and
recommendations, if any, to the State Party concerned and to the
petitioner.
8. The Committee shall include in its annual report a summary of
such communications and, where appropriate, a summary of the
explanations and statements of the States Parties concerned and of
its own suggestions and recommendations.
9. The Committee shall be competent to exercise the functions
provided for in this article only when at least ten States Parties
to this Convention are bound by declarations in accordance with
paragraph 1 of this article.
Article 15
1. Pending the achievement of the objectives of the Declaration
on the Granting of Independence to Colonial Countries and Peoples,
contained in General Assembly resolution 1514 (XV) of 14 December
1960, the provisions of this Convention shall in no way limit the
right of petition granted to these peoples by other international
instruments or by the United Nations and its specialized agencies.
2. (a) The Committee established under article 8, paragraph 1, of
this Convention shall receive copies of the petitions from, and
submit expressions of opinion and recommendations on these
petitions to, the bodies of the United Nations which deal with
matters directly related to the principles and objectives of this
Convention in their consideration of petitions from the inhabitants
of Trust and Non-Self-Governing Territories and all other
territories to which General Assembly resolution 1514 (XV) applies,
relating to matters covered by this Convention which are before
these bodies.
(b) The Committee shall receive from the competent bodies of the
United Nations copies of the reports concerning the legislative,
judicial, administrative or other measures directly related to the
principles and objectives of this Convention applied by the
administering Powers within the territories mentioned in
sub-paragraph (a) of this paragraph, and shall express opinions and
make recommendations to these bodies.
3. The Committee shall include in its report to the General
Assembly a summary of the petitions and reports it has received
from United Nations bodies, and the expressions of opinion and
recommendations of the Committee relating to the said petitions and
reports.
4. The Committee shall request from the Secretary-General of the
United Nations all information relevant to the objectives of this
Convention and available to him regarding the Territories mentioned
in paragraph 2 (a) of this article.
Article 16
The provisions of this Convention concerning the settlement of
disputes or complaints shall be applied without prejudice to other
procedures for settling disputes or complaints in the field of
discrimination laid down in the constituent instruments of, or in
conventions adopted by, the United Nations and its specialized
agencies, and shall not prevent the States Parties from having
recourse to other procedures for settling a dispute in accordance
with general or special international agreements in force between
them.
PART III
Article 17
1. This Convention is open for signature by any State Member of
the United Nations or member of any of its specialized agencies, by
any State Party to the Statute of the International Court of
Justice, and by any other State which has been invited by the
General Assembly of the United Nations to become a Party to this
Convention.
2. This Convention is subject to ratification. Instruments of
ratification shall be deposited with the Secretary-General of the
United Nations.

Article 18
1. This Convention shall be open to accession by any State
referred to in article 17, paragraph 1, of the Convention.
2. Accession shall be effected by the deposit of an instrument of
accession with the Secretary-General of the United Nations.
Article 19
1. This Convention shall enter into force on the thirtieth day
after the date of the deposit with the Secretary-General of the
United Nations of the twenty-seventh instrument of ratification or
instrument of accession.
2. For each State ratifying this Convention or acceding to it
after the deposit of the twenty-seventh instrument of ratification
or instrument of accession, the Convention shall enter into force
on the thirtieth day after the date of the deposit of its own
instrument of ratification or instrument of accession.
Article 20
1. The Secretary-General of the United Nations shall receive and
circulate to all States which are or may become Parties to this
Convention reservations made by States at the time of ratification
or accession. Any State which objects to the reservation shall,
within a period of ninety days from the date of the said
communication, notify the Secretary-General that it does not accept
it.
2. A reservation incompatible with the object and purpose of this
Convention shall not be permitted, nor shall a reservation the
effect of which would inhibit the operation of any of the bodies
established by this Convention be allowed. A reservation shall be
considered incompatible or inhibitive if at least two-thirds of the
States Parties to this Convention object to it.
3. Reservations may be withdrawn at any time by notification to
this effect addressed to the Secretary-General. Such notification
shall take effect on the date on which it is received.
Article 21
A State Party may denounce this Convention by written
notification to the Secretary-General of the United Nations.
Denunciation shall take effect one year after the date of receipt
of the notification by the Secretary-General.
Article 22
Any dispute between two or more States Parties with respect to
the interpretation or application of this Convention, which is not
settled by negotiation or by the procedures expressly provided for
in this Convention, shall, at the request of any of the parties to
the dispute, be referred to the International Court of Justice for
decision, unless the disputants agree to another mode of
settlement.
Article 23
1. A request for the revision of this Convention may be made at
any time by any State Party by means of a notification in writing
addressed to the Secretary-General of the United Nations.
2. The General Assembly of the United Nations shall decide upon
the steps, if any, to be taken in respect of such a request.
Article 24
The Secretary-General of the United Nations shall inform all
States referred to in article 17, paragraph 1, of this Convention
of the following particulars:
(a) Signatures, ratifications and accessions under articles 17
and 18;
(b) The date of entry into force of this Convention under article
19;
(c) Communications and declarations received under articles 14,
20 and 23;
(d) Denunciations under article 21.
Article 25
1. This Convention, of which the Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited
in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit
certified copies of this Convention to all States belonging to any
of the categories mentioned in article 17, paragraph 1, of the
Convention.