Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

DISABILITY DISCRIMINATION ACT 1992 - SECT 12

Application of Act

             (1)  In this section:

"Australia" includes the external Territories.

"limited application provisions" means the provisions of Divisions 1, 2, 2A and 3 of Part 2 other than sections 20, 29 and 30.

             (2)  Subject to this section, this Act applies throughout Australia.

             (3)  This Act has effect in relation to acts done within a Territory.

             (4)  The limited application provisions have effect as provided in subsection (3) of this section and the following provisions of this section and not otherwise.

             (5)  Sections 15, 16 and 17 have effect in relation to discrimination against:

                     (a)  Commonwealth employees in connection with their employment as Commonwealth employees; and

                     (b)  persons seeking to become Commonwealth employees.

             (6)  Section 19 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.

             (7)  The limited application provisions have effect in relation to acts done by, or on behalf of:

                     (a)  the Commonwealth or the Administration of a Territory; or

                     (b)  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.

             (8)  The limited application provisions have effect in relation to discrimination against a person with a disability to the extent that the provisions:

                     (a)  give effect to the Convention; or

                     (b)  give effect to the Covenant on Civil and Political Rights; or

                   (ba)  give effect to the Disabilities Convention; or

                     (c)  give effect to the International Covenant on Economic, Social and Cultural Rights; or

                     (d)  relate to matters external to Australia; or

                     (e)  relate to matters of international concern.

             (9)  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.

           (10)  Without limiting the effect of subsection (9), 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.

           (11)  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:

                     (a)  banking, other than State banking not extending beyond the limits of the State concerned; or

                     (b)  insurance, other than State insurance not extending beyond the limits of the State concerned.

           (12)  The limited application provisions have effect in relation to discrimination in the course of, or in relation to, trade or commerce:

                     (a)  between Australia and a place outside Australia; or

                     (b)  among the States; or

                     (c)  between a State and a Territory; or

                     (d)  between 2 Territories.

           (13)  The limited application provisions have effect in relation to discrimination within Australia involving persons or things, or matters arising outside Australia.

           (14)  The provisions of Division 3 of Part 2 have effect in relation to acts done within Australia involving persons or things, or matters arising outside Australia.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback