Commonwealth Numbered Acts

HUMAN RIGHTS COMMISSION ACT 1981 No. 24 of 1981 - SECT 3

3. (1) In this Act, unless the contrary intention appears -

"act or practice" means -

   (a)  an act done or practice engaged in -

        (i)    by or on behalf of the Commonwealth or an authority of the
               Commonwealth; or

        (ii)   under an enactment; or

   (b)  an act done or practice engaged in -

        (i)    wholly within a Territory other than the Northern Territory; or

        (ii)   partly within such a Territory, to the extent to which the act
               was done or the practice was or is engaged in within the
               Territory concerned;



"appoint" includes re-appoint;



"authority", in relation to a State or the Northern Territory, includes -

   (a)  a person holding an office established by or under a law of that State
        or Territory;

   (b)  a person employed in the public service of that State or Territory;
        and

   (c)  a person employed by a body established for a purpose of that State or
        Territory by or under a law of that State or Territory;



"authority of the Commonwealth" means a body established for a purpose of the
Commonwealth by or under an enactment;



"Chairman" means Chairman of the Commission;



"Commission" means the Human Rights Commission established by this Act;



"Covenant" means the International Covenant on Civil and Political Rights a
copy of the English text of which is set out Schedule 1;



"Declarations" means -

   (a)  the Declaration of the Rights of the Child proclaimed by the General
        Assembly of the United Nations on 20 November 1959, a copy of the
        English text of which is set out in Schedule 2;

   (b)  the Declaration on the Rights of Mentally Retarded Persons proclaimed
        by the General Assembly of the United Nations on 20 December 1971, a
        copy of the English text of which is set out in Schedule 3; and

   (c)  the Declaration on the Rights of Disabled Persons proclaimed by the
        General Assembly of the United Nations on 9 December 1975, a copy of
        the English text of which is set out in Schedule 4;

"Deputy Chairman" means Deputy Chairman of the Commission;



"enactment" means -

   (a)  an Act;

   (b)  an Ordinance of a Territory other than the Northern Territory; or

   (c)  a law (including rules, regulations or by-laws) made under an Act or
        such an Ordinance;



"human rights" means the rights and freedoms recognized in the Covenant,
declared by the Declarations or recognized or declared by any relevant
international instrument;



"international instrument" includes a declaration made by an international
organization;



"Judge" means -

   (a)  a Judge of a court created by the Parliament or of a court of a State
        or of the Northern Territory; or

   (b)  a person who has the same designation and status as a Judge of a court
        created by the Parliament;



"member" means a member of the Commission;



"Minister", in relation to a State or the Northern Territory, means -

   (a)  in the case of a State - a Minister of the Crown of that State; and

   (b)  in the case of the Northern Territory - a person holding Ministerial
        office under section 36 of the
        Northern Territory (Self-Government) Act 1978;



"Northern Territory enactment" means an enactment within the meaning of the
Northern Territory (Self-Government) Act 1978;



"prescribed person" means -

   (a)  a member;

   (b)  a member of the staff referred to in section 27;

   (c)  if an arrangement in force under section 11 provides for a State or
        the Northern Territory or an authority of a State or of the Northern
        Territory to perform functions of the Commission referred to in
        paragraph 9(1)(b) - an authority of that State or Territory; or

   (d)  any other person who is included in a class of persons declared by the
        regulations to be prescribed persons for the purposes of this Act;



"proposed enactment" means -

   (a)  a proposed law introduced into the Parliament or into the legislature
        of a Territory other than the Legislative Assembly of the Northern
        Territory; or

   (b)  a proposed law of the Commonwealth or of a Territory other than the
        Northern Territory prepared on behalf of -

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

        (ii)   a Minister of State of the Commonwealth; or

        (iii)  a body established by an enactment, being a body that has the
               function of recommending proposed laws of the Commonwealth or
               of a Territory;



"relevant international instrument" means an international instrument in
respect of which a declaration under section 31 is in force.
(2) In the definition of "human rights" in sub-section (1) -

   (a)  the reference to the rights and freedoms recognized in the Covenant
        shall be construed as a reference to the rights and freedoms
        recognized in the Covenant as it applies to Australia; and

   (b)  the reference to the rights and freedoms recognized or declared by any
        relevant international instrument shall -

        (i)    in the case of an instrument (not being a declaration referred
               to in sub-paragraph (ii) that applies to Australia - be
               construed as a reference to the rights and freedoms recognized
               or declared by the instrument as it applies to Australia; or

        (ii)   in the case of an instrument being a declaration made by an
               international organization that was adopted by Australia - be
               construed as a reference to the rights and freedoms recognized
               or declared by the declaration as it was adopted by Australia.

(3) A reference in this Act to the making of a declaration by an International
organization shall be construed as a reference to the making or adopting of a
declaration, proclamation or other statement by such an organization in any
way, whether by the passing of a resolution, the issuing of an instrument or
otherwise.

(4) A reference in this Act to the adoption by Australia of an international
instrument being a declaration made by an international organization shall be
construed as a reference to the casting by Australia of a vote in favour of
the making of the declaration by the organization at the meeting of the
organization at which the declaration was made or to the giving of some other
public notification by Australia expressing its support for the declaration.