Racial Discrimination Act 1975
No. 52, 1975
Compilation No. 19
Compilation date: 13 December 2022
Includes amendments up to: Act No. 85, 2022
Registered: 20 December 2022
About this compilation
This compilation
This is a compilation of the Racial Discrimination Act 1975 that shows the text of the law as amended and in force on 13 December 2022 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
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
6B Application of the Criminal Code
7 Ratification of Convention
Part II—Prohibition of racial discrimination etc.
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
18AA Victimisation
Part IIA—Prohibition of offensive behaviour based on racial hatred
18B Reason for doing an act
18C Offensive behaviour because of race, colour or national or ethnic origin
18D Exemptions
18E Vicarious liability
18F State and Territory laws not affected
Part III—Race Discrimination Commissioner and functions of Commission
Division 1—Preliminary
19 Race Discrimination Commissioner
20 Functions of Commission
Part IV—Offences
26 Unlawful acts not offences unless expressly so provided
27 Offences relating to administration of Act
27F Non‑disclosure of private information
Part VI—Race Discrimination…
Overview
The Racial Discrimination Act 1975 was enacted by the Commonwealth Parliament of Australia to give effect to the International Convention on the Elimination of All Forms of Racial Discrimination. The Act aims to prohibit racial discrimination and promote equality before the law for all people, regardless of race, colour, descent or national or ethnic origin. The Act applies throughout Australia, including external territories. The Act was introduced to address the problem of racial discrimination and to give effect to Australia's international obligations under the Convention. The policy objective of the Act is to promote racial equality and to eliminate racial discrimination in all its forms.
Scope and Application
The Racial Discrimination Act 1975 applies to all persons, entities, and conduct within the Commonwealth of Australia, including its territories. It binds the Crown and operates concurrently with any state or territory laws that further the objects of the Convention on the Elimination of All Forms of Racial Discrimination. The Act prohibits racial discrimination in various areas such as employment, provision of goods and services, access to places and facilities, and the right to join trade unions, among others. Notably, the Act does not apply to certain special measures taken to advance certain racial or ethnic groups, provisions related to the governing rules of registered charities that confer benefits on persons of a particular race, and provisions concerning Aboriginal and Torres Strait Islander property management. The Act also includes provisions for the appointment and functions of the Race Discrimination Commissioner and establishes offences related to the administration of the Act, including penalties for non-compliance. The Act extends its application through subordinate instruments, which may prescribe additional matters required or necessary for carrying out or giving effect to the Act.
Key Provisions
- The Racial Discrimination Act 1975 (Cth) is a comprehensive piece of legislation that aims to eliminate racial discrimination and promote equality among all individuals in Australia. The Act applies to all forms of discrimination based on race, colour, descent, or national or ethnic origin, and prohibits such discrimination in various areas of public life. The Act's key provisions include a prohibition on racial discrimination in employment, education, access to public places and facilities, the provision of goods and services, and the right to join trade unions. Additionally, the Act prohibits offensive behaviour based on racial hatred and establishes the position of a Race Discrimination Commissioner to oversee its implementation. The Act also imposes obligations on individuals and entities to ensure compliance with its provisions, and provides for penalties and consequences for breaches of the Act.
- The Racial Discrimination Act 1975 (Cth) imposes several obligations on individuals and entities to ensure compliance with its provisions. These obligations include a duty to provide equal treatment and opportunities to all individuals, regardless of their race, colour, descent, or national or ethnic origin. The Act also imposes a duty on employers to provide equal employment opportunities and to not discriminate against employees or job applicants on the basis of their race, colour, descent, or national or ethnic origin. Additionally, the Act requires individuals and entities to take reasonable steps to prevent discrimination from occurring, and to report any instances of discrimination to the relevant authorities.
- The Racial Discrimination Act 1975 (Cth) provides for various penalties and consequences for breaches of its provisions. These penalties include fines and imprisonment for individuals who engage in discriminatory behaviour, as well as civil remedies for individuals who have been subjected to discrimination. The Act also provides for the appointment of a Race Discrimination Commissioner to oversee its implementation, and establishes a framework for the investigation and resolution of complaints of discrimination. Failure to comply with the Act's provisions may result in legal action, including fines and imprisonment for individuals, and civil remedies for those who have been subjected to discrimination.
- Area of Law
- Human Rights Law
- Civil Litigation & Procedure
- Criminal Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Offence Provisions
- Enforcement Powers
- Vicarious liability
- Victimisation
- Extraterritorial Application
- Regulatory Standards