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2013-2014
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE SENATE
RACIAL DISCRIMINATION AMENDMENT BILL 2014
EXPLANATORY MEMORANDUM
(Circulated by authority of Senators Day, Bernardi, Leyonhjelm and Smith)
RACIAL DISCRIMINATION AMENDMENT BILL 2014
Outline
The Racial Discrimination Amendment Bill 2014 amends paragraph 18C(1)(a) of the Racial
Discrimination Act 1975 to omit the words "offend" and "insult".
The current paragraph 18C(1)(a):
(a) is inappropriately modelled upon the Sexual Discrimination Act 1994;
(b) is contrary to the International Covenant on Civil and Political Rights to which
Australia is a party; and
(c) is much broader than racial discrimination legislation in countries comparable with
Australia.
Consequently, the current paragraph 18C(1)(a) goes too far in curtailing Australian citizens'
freedom of speech, expression and opinion.
The current Federal Government has recently withdrawn its commitment to amend the
Racial Discrimination Act. As a result, this Bill is introduced in its stead. However, unlike
the Government's original intentions, this Bill only makes a very minor amendment.
NOTES ON CLAUSES
Clause 1 - Short title
1. This is a formal provision specifying the short title as the Racial Discrimination Amendment
Act 2014.
Clause 2 - Commencement
2. This clause provides that the Bill commences on the day after the Bill receives the Royal
Assent.
Clause 3 - Schedule
3. This clause is a formal provision specifying that amendments or repeals are made to the
provisions set out in the sections in the schedule.
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SCHEDULE 1 - AMENDMENTS
Racial Discrimination Act 1975
Item 1
4. Item 1 amends paragraph 18C(1)(a) of the Act.
Item 2
5. Item 2 details the application of the amendment.
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Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Racial Discrimination Amendment Bill 2014
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act
2011.
Overview of the Bill
The Bill amends paragraph 18C(1)(a) of the Racial Discrimination Act 1975 to remove the
words "offend" and "insult" to restore an appropriate balance between outlawing racial
discrimination while preserving freedom of speech, expression and opinion.
Human rights implications
The human rights implications identified in the International Covenant on Civil and Political
Rights and the Convention on the Elimination of All Forms of Racial Discrimination (CERD)
have been considered and taken into account in tabling this Bill.
This Bill positively impacts those human rights to more appropriately balance the freedom of
speech, opinion and expression while outlawing racial discrimination. This balance is
reasonable, necessary and proportionate.
Conclusion
This Bill is compatible with human rights, because, to the extent that it limits rights, these
limits are reasonable, necessary and proportionate.
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