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Part 2—Application of this Act

Part 2 Application of this Act


6   Act applies throughout Australia

             (1)  This Act applies throughout Australia.

             (2)  This Act applies to conduct engaged in in Australia, even if the conduct involves persons or things, or matters arising, outside Australia.

7   Alternative constitutional basis

             (1)  Without limiting its effect apart from this section, this Act also has effect as provided by this section.

             (2)  This Act has effect to the extent that it:

                     (a)  gives effect to the human rights instruments; or

                     (b)  relates to matters of international concern.

             (3)  For the purposes of subsection (2), the human rights instruments are the following:

                     (a)  the International Convention on the Elimination of All Forms of Racial Discrimination done at New York on 21 December 1965 ([1975] ATS 40);

                     (b)  the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966 ([1976] ATS 5);

                     (c)  the International Covenant on Civil and Political Rights done at New York on 16 December 1966 ([1980] ATS 23).

             (4)  This Act also has the effect it would have if each reference in this Act to a corporate Commonwealth entity, a Commonwealth company or a subsidiary were limited so that it applies only if the entity, company or subsidiary is a corporation to which paragraph 51(xx) of the Constitution applies.

8   Interaction with State and Territory laws

                   This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.

9   Extent to which Act binds the Crown

                   This Act binds the Crown in right of the Commonwealth but, except as otherwise expressly provided by this Act, does not bind the Crown in right of a State.