Preliminary Part I
Section 3
discrimination, except in Part IIB, means:
(a) any distinction, exclusion or preference made on the basis of
race, colour, sex, religion, political opinion, national
extraction or social origin that has the effect of nullifying or
impairing equality of opportunity or treatment in
employment or occupation; and
(b) any other distinction, exclusion or preference that:
(i) has the effect of nullifying or impairing equality of
opportunity or treatment in employment or occupation;
and
(ii) has been declared by the regulations to constitute
discrimination for the purposes of this Act;
but does not include any distinction, exclusion or preference:
(c) in respect of a particular job based on the inherent
requirements of the job; or
(d) in connection with employment as a member of the staff of
an institution that is conducted in accordance with the
doctrines, tenets, beliefs or teachings of a particular religion
or creed, being a distinction, exclusion or preference made in
good faith in order to avoid injury to the religious
susceptibilities of adherents of that religion or that creed.
enactment means a Commonwealth enactment or a Territory
enactment.
Federal Circuit Court means the Federal Circuit Court of
Australia.
Federal Court means the Federal Court of Australia.
human rights means the rights and freedoms recognised in the
Covenant, declared by the Declarations or recognised or declared
by any relevant international instrument.
instrument includes a rule, regulation or by-law.
instrumentality, in relation to a State, includes:
Australian Human Rights Commission Act 1986
Compilation No. 48
Compilation date: 20/12/18
Authorised Version C2019C00030 registered 14/01/2019
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Registered: 14/1/19