Commonwealth Numbered Acts

SEX DISCRIMINATION ACT 1984 No. 4, 1984 - SECT 9

9. (1) In this section-

''Australia'' includes the external Territories;

''prescribed provisions of Part II'' means the provisions of Divisions 1 and 2
of Part II other than sections 19, 26 and 27.

(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 prescribed provisions of Part II, and the provisions of Division 3 of
Part II, have effect as provided by sub-section (3) of this section and the
following provisions of this section and not otherwise.

(5) Sections 14, 15, 16 and 28 have effect in relation to discrimination
against, and sexual harassment of-

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

   (b)  persons seeking to become Commonwealth employees.

(6) Section 18 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 authorization or qualification.

(7) The prescribed provisions of Part II 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 provisions of Division 3 of Part II have effect in relation to acts
done by a person exercising, 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, a power conferred by a law of
        the Commonwealth or a law of a Territory, being acts done by the
        person in connection with the exercise of that power.

(9) The provisions of Division 3 of Part II have effect in relation to acts
done by a person who is a Commonwealth employee in connection with the
person's duties as a Commonwealth employee or done by a person who is a member
of the staff of an educational institution established by a law of the
Commonwealth or a law of a Territory in connection with the person's duties as
a member of the staff of such an educational institution.

(10) If the Convention is in force in relation to Australia, the prescribed
provisions of Part II, and the provisions of Division 3 of Part II, have
effect in relation to discrimination against women, to the extent that the
provisions give effect to the Convention.

(11) The prescribed provisions of Part II 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.

(12) The provisions of Division 3 of Part II have effect in relation to acts
done, by a person who is an officer or employee of a foreign corporation, or
of a trading or financial corporation formed within the limits of the
Commonwealth, in connection with the person's duties as such an officer or
employee.

(13) Without prejudice to the effect of sub-section (11), the prescribed
provisions of Part II 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.

(14) Without prejudice to the effect of sub-section (12), the provisions of
Division 3 of Part II have effect in relation to acts done, by a person who is
an officer or employee of a trading or financial corporation formed within the
limits of the Commonwealth, in connection with any of the person's duties as
such an officer or employee that relate to the trading activities of the
trading corporation or the financial activities of the financial corporation,
as the case may be.

(15) The prescribed provisions of Part II 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.

(16) The provisions of Division 3 of Part II have effect in relation to acts
done 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.

(17) The prescribed provisions of Part II 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;

   (b)  among the States;

   (c)  between a State and a Territory; or

   (d)  between 2 Territories.

(18) The provisions of Division 3 of Part II have effect in relation to acts
done in the course of, or in relation to, trade or commerce-

   (a)  between Australia and a place outside Australia;

   (b)  among the States;

   (c)  between a State and a Territory; or

   (d)  between 2 Territories.

(19) The prescribed provisions of Part II have effect in relation to
discrimination within Australia involving persons or things, or matters
arising, outside Australia.

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