Appendix 1 | Key sections under the Acts
(ii) is reasonable having regard to the
matter of the data and other relevant
factors; or
(g) in a case where no such actuarial or
statistical data is available and cannot
reasonably be obtained—the discrimination
is reasonable having regard to any other
relevant factors.
Racial Discrimination Act 1975 (Cth)
9 Racial discrimination to be unlawful
(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;
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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.
13 Provision of goods and services
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 or
she 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.
Sex Discrimination Act 1984 (Cth)
5 Sex discrimination
(1) For the purposes of this Act, a person (in
this subsection referred to as the discriminator)
discriminates against another person (in this
subsection referred to as the aggrieved person) on
the ground of the sex of the aggrieved person if, by
reason of:
(a) the sex of the aggrieved person;
(b) a characteristic that appertains generally
to persons of the sex of the aggrieved person;
or
(c) a characteristic that is generally imputed
to persons of the sex of the aggrieved person;