18C Offensive behaviour because of race, colour or national or
ethnic origin

(1) It is unlawful for a person to do an act, otherwise than in private, if:

  (a) the act is reasonably likely, in all the circumstances, to
offend, insult, humiliate or intimidate another person or a
group of people; and

  (b) the act is done because of the race, colour or national or
ethnic origin of the other person or of some or all of the
people in the group.

Note:
Subsection (1) makes certain acts unlawful. Section 46P of the
Australian Human Rights Commission Act 1986 allows people to
make complaints to the Australian Human Rights Commission about
unlawful acts. However, an unlawful act is not necessarily a criminal
offence. Section 26 says that this Act does not make it an offence to
do an act that is unlawful because of this Part, unless Part IV expressly
says that the act is an offence.

(2) For the purposes of subsection (1), an act is taken not to be done in
private if it:

  (a) causes words, sounds, images or writing to be communicated
to the public; or

  (b) is done in a public place; or

  (c) is done in the sight or hearing of people who are in a public
place.

(3) In this section:
public place includes any place to which the public have access as
of right or by invitation, whether express or implied and whether or
not a charge is made for admission to the place.


contact: Bruce A. Peterson
1218th access Last modified: Tue 23 May 2023