3. After Part II of the Principal Act, the following Part is inserted:

“PART IIA—PROHIBITION OF OFFENSIVE BEHAVIOUR BASED ON RACIAL HATRED

Reason for doing an act

“18B. If:

(a) an act is done for 2 or more reasons; and

(b) one of the reasons is the race, colour or national or ethnic origin of a person (whether or not it is the dominant reason or a substantial reason for doing the act);

then, for the purposes of this Part, the act is taken to be done because of the person’s race, colour or national or ethnic origin.

Offensive behaviour because of race, colour or national or ethnic origin

“18C.(1) It is unlawful for a person to do an act, otherwise than in private, if:

(a) the act is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate another person or a group of people; and

(b) the act is done because of the race, colour or national or ethnic origin of the other person or of some or all of the people in the group.

“(2) For the purposes of subsection (1), an act is taken not to be done in private if it:

(a) causes words, sounds, images or writing to be communicated to the public; or

(b) is done in a public place; or

(c) is done in the sight or hearing of people who are in a public place.

“(3) In this section:

‘public place’ includes any place to which the public have access as of right or by invitation, whether express or implied and whether or not a charge is made for admission to the place.

Exemptions

“18D. Section 18C does not render unlawful anything said or done reasonably and in good faith:

(a) in the performance, exhibition or distribution of an artistic work; or

(b) in the course of any statement, publication, discussion or debate made or held for any genuine academic, artistic or scientific purpose or any other genuine purpose in the public interest; or

(c) in making or publishing:

(i) a fair and accurate report of any event or matter of public interest; or

(ii) a fair comment on any event or matter of public interest if the comment is an expression of a genuine belief held by the person making the comment.

Vicarious liability

“18E.(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 the person;

this Act applies in relation to the person as if the 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.

State and Territory laws not affected

“18F. This Part is not intended to exclude or limit the concurrent operation of any law of a State or Territory.”.

Consequential amendments

4. The Principal Act is amended as set out in the Schedule.

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SCHEDULE Section 4

CONSEQUENTIAL AMENDMENTS OF THE RACIAL DISCRIMINATION ACT 1975

Paragraph 20(1) (a):

Insert “or Part IIA” after “Part II”.

Paragraph 20(1) (d):

Add at the end “or Part IIA”.

Subsection 22(1):

Insert “or Part IIA” after “Part II”.

Paragraph 24(1) (b):

Insert “or Part IIA” after “Part II”.

Paragraph 24(2) (a):

Add at the end “or Part IIA”.

Section 25W:

(a) Insert “or Part IIA” after “Part II”.

(b) Omit “that Part”, substitute “those Parts”.

Section 25X:

Insert “or Part IIA” after “Part II”.

Section 26:

Add at the end “or Part IIA”.

NOTE

Racial Discrimination Act 1975

1. No. 52, 1975, as amended. For previous amendments, see No. 91, 1976; No. 18, 1980 (as amended by No. 25, 1981); No. 38, 1983; No. 126, 1986; No. 38, 1988; No. 115, 1990; Nos. 132, 165 and 179, 1992; and No. 13, 1994.

[Minister’s second reading speech made in—

House of Representatives on 15 November 1994 Senate on 28 November 1994]