Racial Discrimination Amendment Act 1983

Overview

The Racial Discrimination Amendment Act 1983 (C2004A02755) was enacted to amend the Racial Discrimination Act 1975, addressing the need for clarification and reinforcement of the federal government's commitment to combating racial discrimination while allowing for the concurrent operation of state and territory laws that align with the objectives of the Convention on the Elimination of All Forms of Racial Discrimination. This Act was introduced to the Parliament of Australia and received Royal Assent on 19 June 1983, with the policy objective of ensuring that federal anti-discrimination legislation does not inadvertently limit or exclude the application of state and territory laws that further the same objectives. The Act specifically aims to prevent double jeopardy by ensuring that individuals cannot pursue complaints under both federal and state or territory laws for the same act or omission, while still allowing for prosecution under either jurisdiction if an act constitutes an offence under both.

Scope and Application

The Racial Discrimination Amendment Act 1983 amends the Racial Discrimination Act 1975 to ensure that the federal legislation does not exclude or limit the operation of state or territory laws that further the objects of the Convention on the Elimination of All Forms of Racial Discrimination and can operate concurrently with the federal Act. This amendment ensures that there is no conflict between federal and state or territory laws in addressing racial discrimination. It applies to any person or entity involved in conduct or transactions that constitute racial discrimination and is designed to prevent dual complaints or prosecutions for the same act or omission under both federal and state or territory laws. The Act applies nationally across the Commonwealth of Australia, including its states and territories, and is effective from the day it receives Royal Assent. The Act does not specify any exclusions or exemptions, and it does not establish thresholds for its application. It may be further extended or restricted through subordinate instruments.

Key Provisions

The Racial Discrimination Amendment Act 1983 (section 1) amends the Racial Discrimination Act 1975 (the Principal Act) by adding new provisions that are intended to ensure that federal law does not preclude state and territory laws that aim to combat racial discrimination. The Act comes into effect on the day it receives Royal Assent (section 2). A significant addition is section 6a, which explicitly states that the Racial Discrimination Amendment Act is not intended to exclude or limit the operation of state and territory laws that further the objectives of the Convention and can operate concurrently with federal law. This section ensures that state and territory laws aimed at combating racial discrimination are not undermined by federal legislation. The obligations imposed by the Racial Discrimination Amendment Act 1983 include the requirement that state and territory laws dealing with racial discrimination must be capable of operating concurrently with federal law. If a person has already made a complaint, instituted a proceeding, or taken any other action under a state or territory law in respect of an act or omission, they cannot subsequently make a complaint or institute a proceeding under federal law for the same matter (section 6a(2)). Furthermore, any federal proceedings pending at the commencement of this section, in respect of complaints made before that commencement, are terminated by force of this subsection. Additionally, if an act or omission constitutes an offence under both a state or territory law and federal law, the person can be prosecuted and convicted under either jurisdiction, but they cannot be punished more than once for the same act or omission (section 6a(3)). The Act sets out specific consequences for breaches of its provisions. The primary civil consequence is that individuals who have already pursued their claims under state or territory laws cannot bring the same claims under federal law. This ensures that there is no duplication of efforts or outcomes in addressing racial discrimination. Furthermore, if a person is prosecuted and convicted under both state or territory and federal laws for the same act or omission, they cannot be punished more than once, thereby preventing double jeopardy. While the Act does not specify maximum penalties for breaches, it ensures that the legal framework is consistent and coordinated across different jurisdictions to effectively combat racial discrimination.