Application of Act—constitutional powers
10 Application of Act—constitutional powers
In this section:
Australia includes the external Territories.
banking has the same meaning as in paragraph 51(xiii) of the Constitution.
foreign corporation has the same meaning as in paragraph 51(xx) of the Constitution.
insurance has the same meaning as in paragraph 51(xiv) of the Constitution.
limited application provisions means the provisions of Divisions 2 and 3 of Part 4 (other than sections 23, 31 and 32).
State banking has the same meaning as in paragraph 51(xiii) of the Constitution.
State insurance has the same meaning as in paragraph 51(xiv) of the Constitution.
trading or financial corporation has the same meaning as in paragraph 51(xx) of the Constitution.
The limited application provisions have effect as provided in section 9 and the following provisions of this section and not otherwise.
Sections 18, 19 and 20 have effect in relation to discrimination against:
Commonwealth employees in connection with their employment as Commonwealth employees; and
persons seeking to become Commonwealth employees.
Section 22 has effect in relation to discrimination by an authority or body in the exercise of a power under a Commonwealth law to confer, renew, extend, revoke or withdraw an authorisation or qualification.
This Act has effect in relation to acts done within a Territory.
The limited application provisions have effect in relation to acts done by, or on behalf of:
the Commonwealth or the Administration of a Territory; or
a body or authority established for a public purpose by a law of the Commonwealth or a law of a Territory;
in the exercise of a power conferred by a law of the Commonwealth or a law of a Territory.
The limited application provisions have effect in relation to discrimination against a person on the ground of age to the extent that the provisions:
give effect to the Discrimination (Employment and Occupation) Convention, 1958 adopted by the General Conference of the International Labour Organization on 25 June 1958 (a copy of the English text of which is set out in Schedule 1 to the Australian Human Rights Commission Act 1986); or
give effect to the International Covenant on Civil and Political Rights (a copy of the English text of which is set out in Schedule 2 to the Australian Human Rights Commission Act 1986); or
give effect to the International Covenant on Economic, Social and Cultural Rights; or
give effect to the Convention on the Rights of the Child; or
relate to matters external to Australia; or
relate to matters of international concern.
In 2004, the text of the international instruments mentioned in this subsection was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible through that Department’s website.
The limited application provisions have effect in relation to discrimination:
by a foreign corporation, or a trading or financial corporation formed within the limits of the Commonwealth; or
by a person in the course of the person’s duties or purported duties as an officer or employee of such a corporation.
Without limiting the effect of subsection (8), the limited application provisions have effect in relation to discrimination:
by a trading or financial corporation formed within the limits of the Commonwealth; or
by a person in the course of the person’s duties or purported duties as an officer or employee of such a corporation;
to the extent that the discrimination takes place in the course of the trading activities of the trading corporation or the financial activities of the financial corporation, as the case may be.
The limited application provisions have effect in relation to discrimination in the course of, or in relation to, the carrying on of the business of:
banking, other than State banking not extending beyond the limits of the State concerned; or
insurance, other than State insurance not extending beyond the limits of the State concerned.
The limited application provisions have effect in relation to discrimination in the course of, or in relation to, trade or commerce:
between Australia and a place outside Australia; or
among the States; or
between a State and a Territory; or
between 2 Territories.
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