Document ID: chunk:federal_register_of_legislation:C2024C00840:section:10:p1
Version: federal_register_of_legislation:C2024C00840
Segment Type: section
Provision Reference: s 10 (pt 1/2)
Character Range: 14362–17112

10  Application of Act—constitutional powers
 (1) In this section:
Australia includes the external Territories.
banking has the same meaning as in paragraph 51(xiii) of the Constitution.
foreign corporation has the same meaning as in paragraph 51(xx) of the Constitution.
insurance has the same meaning as in paragraph 51(xiv) of the Constitution.
limited application provisions means the provisions of Divisions 2 and 3 of Part 4 (other than sections 23, 31 and 32).
State banking has the same meaning as in paragraph 51(xiii) of the Constitution.
State insurance has the same meaning as in paragraph 51(xiv) of the Constitution.
trading or financial corporation has the same meaning as in paragraph 51(xx) of the Constitution.
 (2) The limited application provisions have effect as provided in section 9 and the following provisions of this section and not otherwise.
 (3) Sections 18, 19 and 20 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.
 (4) Section 22 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.
 (5) This Act has effect in relation to acts done within a Territory.
 (6) 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.
 (7) The limited application provisions have effect in relation to discrimination against a person on the ground of age to the extent that the provisions:
 (a) give effect to the Discrimination (Employment and Occupation) Convention, 1958 adopted by the General Conference of the International Labour Organization on 25 June 1958 (a copy of the English text of which is set out in Schedule 1 to the Australian Human Rights Commission Act 1986); or
 (b) give effect to the International Covenant on Civil and Political Rights (a copy of the English text of which is set out in Schedule 2 to the Australian Human Rights Commission Act 1986); or
 (c) give effect to the International Covenant on Economic, Social and Cultural Rights; or
 (d) give effect to the Convention on the Rights of the Child; or
 (e) relate to matters external to Australia; or
 (f) relate to matters of international concern.
Note: In 2004, the text of the international instruments mentioned in this subsection was available in the