Australian Human Rights Act 1986
Australian Human Rights Act 1986
Australian Human Rights Act 1986
Act 1986
No. 125, 1986
Compilation No. 51
Part III—Miscellaneous 96
46PZ Transfer of complaints from the Inspector-General of
Intelligence and Security ................................................................. 96
47 Declaration of international instruments .......................................... 96
48 Protection from civil actions ............................................................ 97
49 Non-disclosure of private information ............................................. 97
49A Information stored otherwise than in written form ........................ 100
49B Jurisdiction of Federal Court and Federal Circuit and Family
Court of Australia (Division 2) ...................................................... 100
49C Compensation for acquisition of property ..................................... 100
50 Regulations .................................................................................... 101
Endnotes 137
Endnote 1—About the endnotes 137
Endnote 2—Abbreviation key 139
Endnote 3—Legislation history 140
Endnote 4—Amendment history 149
Section 1
Part I—Preliminary
1 Short title
This Act may be cited as the Australian Human Rights Commission
Act 1986.
2 Commencement
This Act shall come into operation on a day to be fixed by
Proclamation.
3 Interpretation
(1) In this Act, unless the contrary intention appears:
Aboriginal person means a person of the Aboriginal race of
Australia.
ACIC means the agency known as the Australian Criminal
Intelligence Commission established by the Australian Crime
Commission Act 2002.
act means an act done:
(a) by or on behalf of the Commonwealth or an authority of the
Commonwealth;
(b) under an enactment;
(c) wholly within a Territory; or
(d) partly within a Territory, to the extent to which the act was
done within a Territory.
Section 3
Section 3
Section 3
Section 3
Section 3
Section 3
Section 3
Section 3
(b) a trade union within the meaning of any State Act or law of a
Territory; or
(c) any other similar body.
unlawful discrimination means any acts, omissions or practices
that are unlawful under:
(aa) Part 4 of the Age Discrimination Act 2004; or
(a) Part 2 of the Disability Discrimination Act 1992; or
(b) Part II or IIA of the Racial Discrimination Act 1975; or
(c) Part II of the Sex Discrimination Act 1984;
and includes any conduct that is an offence under:
(ca) Division 2 of Part 5 of the Age Discrimination Act 2004
(other than section 52); or
(d) Division 4 of Part 2 of the Disability Discrimination Act
1992; or
(e) subsection 27(2) of the Racial Discrimination Act 1975.
(2) In this Act, a reference to the Governor of a State shall, in relation
to the Northern Territory, be construed as a reference to the
Administrator of the Northern Territory.
(3) In this Act:
(a) a reference to, or to the doing of, an act includes a reference
to a refusal or failure to do an act; and
(b) a reference, in relation to the doing of an act or the engaging
in of a practice, to the person who did the act or engaged in
the practice shall, in the case of an act done or practice
engaged in by an unincorporated body of persons, be read as
a reference to that body.
(4) In the definition of human rights in subsection (1):
(a) the reference to the rights and freedoms recognised in the
Covenant shall be read as a reference to the rights and
freedoms recognised in the Covenant as it applies to
Australia; and
Section 3
Section 4
Act, for the purposes of the operation of this Act in relation to the
Convention, the same meaning as it has in the Convention.
(9) A reference in this Act to prejudice to the security, defence or
international relations of Australia includes a reference to any such
prejudice that might result from the divulging of information or
matters communicated in confidence by or on behalf of the
government of a foreign country, an authority of a government of a
foreign country or an international organisation to the Government
of the Commonwealth, to an authority of the Commonwealth or to
a person receiving the communication on behalf of the
Commonwealth or of an authority of the Commonwealth.
Section 6A
Section 7
8 Constitution of Commission
(1) The Commission shall consist of:
(a) a President; and
(b) a Human Rights Commissioner; and
(c) the Race Discrimination Commissioner; and
(ca) the Aboriginal and Torres Strait Islander Social Justice
Commissioner; and
(d) the Sex Discrimination Commissioner; and
(e) the Age Discrimination Commissioner; and
(f) the Disability Discrimination Commissioner; and
(g) the National Children’s Commissioner.
Section 8A
(2) The members must co-operate with each other to achieve common
objectives, where practicable.
(3) Subsection (2) does not affect the operation of section 44 (which
deals with meetings of the Commission).
(6) The functions of the Commission under paragraphs 11(1)(aa),
11(1)(ab), 11(1)(f) and 31(b) and the functions of the Commission
under paragraphs 11(1)(p) and 31(k), to the extent that they relate
to the performance of the first-mentioned functions, shall be
performed by the President, and a reference in this Act to the
Commission or to a member of the Commission shall, in relation to
the performance of any of those functions, be read as a reference to
the President.
(6A) The powers of the Commission under sections 20A and 32A must
be exercised by the President, and a reference in this Act to the
Commission or to a member of the Commission must, in relation to
the exercise of any of those powers, be read as a reference to the
President.
(7) The performance of the functions or the exercise of the powers of
the Commission is not affected by reason only of a vacancy in the
office of President, Human Rights Commissioner, Race
Discrimination Commissioner, Aboriginal and Torres Strait
Islander Social Justice Commissioner, Sex Discrimination
Commissioner, Age Discrimination Commissioner, Disability
Discrimination Commissioner or National Children’s
Commissioner.
8A The President
(1) The President is to be appointed by the Governor-General as a
full-time member or a part-time member.
(2) The President is the senior member of the Commission.
(3) The President is responsible for managing the administrative
affairs of the Commission.
Section 8B
Section 10
Section 10A
11 Functions of Commission
(1) The functions of the Commission are:
(a) such functions as are conferred on the Commission by the
Age Discrimination Act 2004, the Disability Discrimination
Act 1992, the Racial Discrimination Act 1975, the Sex
Discrimination Act 1984 or any other enactment; and
(aa) to inquire into, and attempt to conciliate, complaints of
unlawful discrimination; and
(ab) to deal with complaints lodged under Part IIC; and
(b) such functions as are to be performed by the Commission
pursuant to an arrangement in force under section 16; and
(c) such functions as are expressed to be conferred on the
Commission by any State enactment, being functions in
relation to which the Minister has made a declaration under
section 18; and
(d) the functions conferred on the Commission by section 31;
and
(e) to examine enactments, and (when requested to do so by the
Minister) proposed enactments, for the purpose of
Section 11
Section 11
Section 13
13 Powers of Commission
The Commission has power to do all things that are necessary or
convenient to be done for or in connection with the performance of
its functions.
Section 14
Section 15
16 Inter-governmental arrangements
(1) The Minister may make an arrangement with a Minister of a State
for or in relation to:
Section 18
Section 18
18 Declarations by Minister
Where the Minister is satisfied that a function expressed to be
conferred on the Commission by a State enactment could
conveniently be performed by the Commission, the Minister may,
by notice in writing published in the Gazette, so declare.
19 Delegation
(1) The Commission may, by writing under its common seal, delegate
to a member of the Commission, a member of the staff of the
Commission or another person or body of persons all or any of the
powers conferred on the Commission under this Act.
(2) A member may, by writing signed by the member, delegate to:
(aa) a member of the Commission; or
(a) a member of the staff of the Commission; or
(b) any other person or body of persons;
approved by the Commission, all or any of the powers exercisable
by the member under this Act.
(2A) Subsection (2) does not allow the President to delegate to another
member of the Commission any of the President’s powers under
Part IIB or IIC.
(2B) Subsection (2) does not allow the President to delegate any of the
President’s powers relating to:
(a) functions of the Commission under paragraphs 11(1)(f) and
11(1)(p) that are to be performed by the President because of
subsection 8(6); or
(b) functions of the Commission under paragraphs 31(b) and
31(k) that are to be performed by the President because of
subsection 8(6);
to a member of the Commission other than the Human Rights
Commissioner.
(2BA) Subsection (2) does not allow the President to delegate a power
that can be exercised by the President because of subsection 8(6A).
Section 19
Section 19A
(2) The Commission may decide not to inquire into an act or practice,
or, if the Commission has commenced to inquire into an act or
practice, may decide not to continue to inquire into the act or
practice, if:
(a) the Commission is satisfied that the act or practice is not
inconsistent with or contrary to any human right; or
(b) the Commission is satisfied that the person aggrieved by the
act or practice does not want the Commission to inquire, or to
continue to inquire, into the act or practice; or
(ba) the Commission is satisfied, having regard to all the
circumstances, that an inquiry, or the continuation of an
inquiry, into the act or practice is not warranted; or
Section 20
Section 20
Section 20
Section 20
Section 20A
Section 21
Section 22
Section 24
Section 24
Section 26
Section 26
Section 27
28 Nature of settlements
The Commission shall, in endeavouring to effect a settlement of a
matter that gave rise to an inquiry, have regard to the need to
ensure that any settlement of the matter reflects a recognition of
human rights and the need to protect those rights.
Section 29
(a) shall serve notice in writing on the person setting out its
findings and the reasons for those findings;
(b) may include in the notice any recommendations by the
Commission for preventing a repetition of the act or a
continuation of the practice;
(c) may include in the notice any recommendation by the
Commission for either or both of the following:
(i) the payment of compensation to, or in respect of, a
person who has suffered loss or damage as a result of
the act or practice;
(ii) the taking of other action to remedy or reduce loss or
damage suffered by a person as a result of the act or
practice;
(d) shall include in any report to the Minister relating to the
results of the inquiry particulars of any recommendations that
it has made pursuant to paragraph (b) or (c);
(e) shall state in that report whether, to the knowledge of the
Commission, the person has taken or is taking any action as a
result of the findings, and recommendations (if any), of the
Commission and, if the person has taken or is taking any
such action, the nature of that action; and
(f) shall serve a copy of that report on the person and, if a
complaint was made to the Commission in relation to the act
or practice:
(i) where the complaint was made by a person affected by
the act or practice—shall serve a copy of that report on
the complainant; or
(ii) if the complaint was made by another person—may
serve a copy of that report on the complainant.
(3) Where:
(a) a complaint is made to the Commission in relation to an act
or practice; and
(b) after an inquiry into the act or practice, the Commission finds
that:
Section 29
Section 30
30 Interpretation etc.
(1) In this Division:
act includes an act done:
(a) by or on behalf of a State or an authority of a State;
(b) under a law of a State;
(c) wholly within a State; or
(d) partly within a State, to the extent to which the act was done
within a State.
practice includes a practice engaged in:
(a) by or on behalf of a State or an authority of a State;
(b) under a law of a State;
(c) wholly within a State; or
(d) partly within a State, to the extent to which the practice was
or is engaged in within a State.
(1A) In this Division, a reference to an act or practice that constitutes
discrimination includes a reference to an act that is an offence
under subsection 26(2).
(2) This Division binds the Crown in right of a State.
Section 31
Section 32
Section 32
Section 32A
Section 34
34 Nature of settlements
The Commission shall, in endeavouring to effect a settlement of a
matter that gave rise to an inquiry, have regard to the need to
ensure that any settlement of the matter reflects a recognition of the
right of every person to equality of opportunity and treatment in
respect of employment and occupation and the need to protect that
right.
Section 35
Section 35
Section 36
Section 37
39 Leave of absence
(1) A person appointed as a full-time member has such recreation
leave entitlements as are determined by the Remuneration
Tribunal.
(1A) The Minister may grant a person appointed as a full-time member
leave of absence, other than recreation leave, on such terms and
conditions as to remuneration or otherwise as the Minister
determines.
Section 40
40 Resignation
An appointed member may resign from the office of member by
writing signed by the member and delivered to the
Governor-General.
41 Termination of appointment
(1) The Governor-General may terminate the appointment of a
member by reason of misbehaviour or physical or mental
incapacity.
(2) If:
(a) a member becomes bankrupt, applies to take the benefit of
any law for the relief of bankrupt or insolvent debtors,
compounds with creditors or makes an assignment of
remuneration for their benefit;
(b) a full-time member engages, except with the approval of the
Minister, in paid employment outside the duties of the office
of member;
(c) a full-time member is absent from duty, except on leave of
absence, for 14 consecutive days, or for 28 days in any
period of 12 months;
(d) a part-time member is absent, except on leave granted by the
Minister in accordance with subsection 39(2), from 3
consecutive meetings of the Commission; or
(e) a member fails, without reasonable excuse, to comply with
section 29 of the Public Governance, Performance and
Accountability Act 2013 (which deals with the duty to
disclose interests) or rules made for the purposes of that
section;
the Governor-General shall terminate the appointment of that
member.
Section 43
43 Staff
(1) The staff necessary to assist the Commission shall be persons
engaged under the Public Service Act 1999.
(2) For the purposes of the Public Service Act 1999:
(a) the President and the APS employees assisting the President
together constitute a Statutory Agency; and
(b) the President is the Head of that Statutory Agency.
Section 44A
Section 44C
44C Taxation
The Commission is not subject to taxation under a law of the
Commonwealth or of a State or Territory.
Note: However, the Commission may be subject to taxation under certain
laws (see, for example, section 177-5 of the A New Tax System (Goods
and Services Tax) Act 1999 and section 66 of the Fringe Benefits Tax
Assessment Act 1986).
45 Annual report
The annual report prepared by the President and given to the
Minister under section 46 of the Public Governance, Performance
and Accountability Act 2013 for a period must cover the
Commission’s operations during the period under:
(a) this Act or any other enactment; or
(b) any State enactment.
Section 46AA
Section 46A
46A Interpretation
In this Part:
Commissioner means the Aboriginal and Torres Strait Islander
Social Justice Commissioner.
human rights means:
(a) the rights and freedoms recognised by the International
Convention on the Elimination of All Forms of Racial
Discrimination, a copy of which is set out in the Schedule to
the Racial Discrimination Act 1975; and
(b) the rights and freedoms recognised by the Covenant; and
(c) the rights and freedoms declared by the Declarations or
recognised or declared by any relevant international
instrument.
Section 46C
Section 46C
Section 46D
46E Remuneration
(1) The Commissioner is to be paid such remuneration as is
determined by the Remuneration Tribunal, but if no determination
of that remuneration by the Remuneration Tribunal is in operation,
the Commissioner is to be paid such remuneration as is prescribed.
(2) The Commissioner is to be paid such allowances as are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act
1973.
Section 46H
46H Resignation
The Commissioner may resign from the office of Commissioner by
writing given to the Governor-General.
Section 46J
Note: For rules that apply to acting appointments, see section 33A of the
Acts Interpretation Act 1901.
Section 46K
Division 3—Miscellaneous
Section 46L
(b) the agency is able to provide a copy of the document that has
had deleted from it the information that would reveal the
identity of the individual concerned;
the agency must comply with the requirement by producing a copy
with that information deleted.
(5) In this section:
government agency means:
(a) an authority of the Commonwealth, or of a State or Territory;
or
(b) a person who performs the functions of, or performs
functions within, an authority of the Commonwealth, or of a
State or Territory.
Section 46MA
Section 46MB
Section 46MB
Section 46MC
Division 2—Appointment
Section 46MF
46MI Resignation
(1) The National Children’s Commissioner may resign his or her
appointment by giving the Governor-General a written resignation.
Section 46MJ
Section 46ML
Division 4—Miscellaneous
Section 46MM
(b) the agency is able to provide a copy of the document that has
had deleted from it the information that would reveal the
identity of the individual concerned;
the agency must comply with the requirement by producing a copy
with that information deleted.
(6) In this section:
Commonwealth government agency means:
(a) a Department or authority of the Commonwealth; or
(b) a person who performs the functions of, or performs
functions within, a Department or authority of the
Commonwealth.
Section 46P
Section 46PA
Section 46PC
Section 46PF
Section 46PF
Section 46PF
Section 46PG
Section 46PH
Section 46PI
Notification
(2) If the President terminates a complaint, the President must notify
the complainants in writing of the termination and of the reasons
for the termination.
(2A) A notice under subsection (2) must include a statement explaining
that the Federal Court and the Federal Circuit and Family Court of
Australia (Division 2) can award costs in proceedings under
section 46PO.
(3) On request by an affected person who is not a complainant, the
President must give the affected person a copy of the notice that
was given to the complainants under subsection (2).
Revocation
(4) The President may revoke the termination of a complaint, but not
after an application is made to the Federal Court or the Federal
Circuit and Family Court of Australia (Division 2) under
section 46PO in relation to the complaint.
Section 46PJ
Section 46PJ
Section 46PK
Section 46PM
(2) Subsection (1) does not apply for the purposes of the application of
section 46PSA.
(2) Subsection 4K(2) of the Crimes Act 1914 does not apply to this
section.
(3) It is a reasonable excuse for the purposes of this section for an
individual to refuse or fail to answer a question or produce a
document on the ground that the answer or the production of the
document might tend to incriminate the individual or to expose the
individual to a penalty. This subsection does not limit what is a
reasonable excuse for the purposes of this section.
Section 46PO
(2) The application must be made within 60 days after the date of issue
of the notice under subsection 46PH(2), or within such further time
as the court concerned allows.
(3) The unlawful discrimination alleged in the application:
(a) must be the same as (or the same in substance as) the
unlawful discrimination that was the subject of the
terminated complaint; or
(b) must arise out of the same (or substantially the same) acts,
omissions or practices that were the subject of the terminated
complaint.
(3A) The application must not be made unless:
(a) the court concerned grants leave to make the application; or
(b) the complaint was terminated under paragraph 46PH(1)(h);
or
Section 46PO
(c) the complaint was terminated under paragraph 46PH(1B)(b).
(4) If the court concerned is satisfied that there has been unlawful
discrimination by any respondent, the court may make such orders
(including a declaration of right) as it thinks fit, including any of
the following orders or any order to a similar effect:
(a) an order declaring that the respondent has committed
unlawful discrimination and directing the respondent not to
repeat or continue such unlawful discrimination;
(b) an order requiring a respondent to perform any reasonable act
or course of conduct to redress any loss or damage suffered
by an applicant;
(c) an order requiring a respondent to employ or re-employ an
applicant;
(d) an order requiring a respondent to pay to an applicant
damages by way of compensation for any loss or damage
suffered because of the conduct of the respondent;
(e) an order requiring a respondent to vary the termination of a
contract or agreement to redress any loss or damage suffered
by an applicant;
(f) an order declaring that it would be inappropriate for any
further action to be taken in the matter.
Note 1: The Federal Court, or a judge of that court, may award costs in
proceedings under this section—see section 43 of the Federal Court of
Australia Act 1976.
Note 2: The Federal Circuit and Family Court of Australia (Division 2), or a
Judge of that Court, may award costs in proceedings under this
section—see section 214 of the Federal Circuit and Family Court of
Australia Act 2021.
Section 46PP
(7) The court concerned may discharge or vary any order made under
this section (including an injunction granted under subsection (6)).
(8) The court concerned cannot, as a condition of granting an interim
injunction, require a person to give an undertaking as to damages.
Section 46PR
(2) A person, other than a barrister or solicitor, is not entitled to
demand or receive any fee or reward, or any payment for expenses,
for representing a party in proceedings under this Division.
Section 46PT
Note 2: The Federal Circuit and Family Court of Australia (Division 2), or a
Judge of that Court, may award costs in proceedings under
section 46PO—see section 214 of the Federal Circuit and Family
Court of Australia Act 2021.
Section 46PV
Australia (Division 2), as amicus curiae, in the following
proceedings under this Division:
(a) proceedings in which the special-purpose Commissioner
thinks that the orders sought, or likely to be sought, may
affect to a significant extent the human rights of persons who
are not parties to the proceedings;
(b) proceedings that, in the opinion of the special-purpose
Commissioner, have significant implications for the
administration of the relevant Act or Acts;
(c) proceedings that involve special circumstances that satisfy
the special-purpose Commissioner that it would be in the
public interest for the special-purpose Commissioner to assist
the court concerned as amicus curiae.
(2) The function may only be exercised with the leave of the court
concerned.
(3) In this section, special-purpose Commissioner means:
(a) the Aboriginal and Torres Strait Islander Social Justice
Commissioner; and
(b) the Disability Discrimination Commissioner; and
(c) the Human Rights Commissioner; and
(d) the Race Discrimination Commissioner; and
(e) the Sex Discrimination Commissioner; and
(f) the Age Discrimination Commissioner; and
(g) the National Children’s Commissioner.
Section 46PW
Section 46PX
(5) If the President refers the industrial instrument to the Fair Work
Commission, the President must give notice in writing of the
outcome of the referral to the complainant or each of the
complainants.
(6) The President may obtain documents or information under
section 46PI for the purposes of this section.
(7) In this section:
discriminatory act under an industrial instrument means an act
that would be unlawful under:
(a) Part 4 of the Age Discrimination Act 2004; or
(b) Part 2 of the Disability Discrimination Act 1992; or
(c) Part II of the Sex Discrimination Act 1984;
but for the fact that the act was done in direct compliance with an
industrial instrument.
industrial instrument means:
(a) a fair work instrument (within the meaning of the Fair Work
Act 2009); or
(b) a transitional instrument, or a Division 2B State instrument,
(within the meaning of the Fair Work (Transitional
Provisions and Consequential Amendments) Act 2009).
(8) For the purposes of the definition of discriminatory act under an
industrial instrument in subsection (7), the fact that an act is done
in direct compliance with the industrial instrument does not of
itself mean that the act is reasonable.
Section 46PX
Section 46PY
Section 46PY
Section 46PZ
Part III—Miscellaneous
Section 48
Section 49
Section 49
(4) Nothing in subsection (2) prevents a person being required, for the
purposes of or pursuant to an Act, to divulge or communicate
information, or to produce a document, that is, or is included in a
class of information that is or class of documents that are, required
or permitted by that Act to be divulged, communicated or
produced.
(4A) Subsection (1) does not prevent the Commission, or a person
acting for or on behalf of the Commission, from giving information
or documents in accordance with paragraph 20(4A)(e) or (4C)(f).
Note: A defendant bears an evidential burden in relation to a matter in
subsection (4A) (see subsection 13.3(3) of the Criminal Code).
(4B) Subsection (1) does not prevent a person from making a record of,
divulging, communicating or making use of information, or
producing a document, if the person does so:
(a) in the performance of a duty under or in connection with this
Act; or
(b) in the course of acting for or on behalf of the Commission.
Note: A defendant bears an evidential burden in relation to the matter in
subsection (4B) (see subsection 13.3(3) of the Criminal Code).
Section 49A
Section 50
50 Regulations
The Governor-General may make regulations, not inconsistent with
this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
Article 1
1. For the purpose of this Convention the term “discrimination”
includes—
(a) any distinction, exclusion or preference made on the basis of race,
colour, sex, religion, political opinion, national extraction or social
origin, which has the effect of nullifying or impairing equality of
opportunity or treatment in employment or occupation;
(b) such other distinction, exclusion or preference which has the effect of
nullifying or impairing equality of opportunity or treatment in
employment or occupation as may be determined by the Member
concerned after consultation with representative employer’s and
worker’s organisations, where such exist, and with other appropriate
bodies.
2. Any distinction, exclusion or preference in respect of a particular job
based on the inherent requirements thereof shall not be deemed to be
discrimination.
3. For the purpose of this Convention the terms “employment” and
“occupation” include access to vocational training, access to employment and to
particular occupations, and terms and conditions of employment.
Article 2
Each Member for which this Convention is in force undertakes to declare
and pursue a national policy designed to promote, by methods appropriate to
national conditions and practice, equality of opportunity and treatment in
respect of employment and occupation, with a view to eliminating any
discrimination in respect thereof.
Article 3
Each Member for which this Convention is in force undertakes, by
methods appropriate to national conditions and practice—
(a) to seek the co-operation of employers’ and workers’ organisations and
other appropriate bodies in promoting the acceptance and observance of
this policy;
(b) to enact such legislation and to promote such educational programmes
as may be calculated to secure the acceptance and observance of the
policy;
(c) to repeal any statutory provisions and modify any administrative
instructions or practices which are inconsistent with the policy;
(d) to pursue the policy in respect of employment under the direct control
of a national authority;
(e) to ensure observance of the policy in the activities of vocational
guidance, vocational training and placement services under the direction
of a national authority;
(f) to indicate in its annual reports on the application of the Convention the
action taken in pursuance of the policy and the results secured by such
action.
Article 4
Any measures affecting an individual who is justifiably suspected of, or
engaged in, activities prejudicial to the security of the State shall not be deemed
to be discrimination, provided that the individual concerned shall have the right
to appeal to a competent body established in accordance with national practice.
Article 5
1. Special measures of protection or assistance provided for in other
Conventions or Recommendations adopted by the International Labour
Conference shall not be deemed to be discrimination.
2. Any Member may, after consultation with representative employers’
and workers’ organisations, where such exist, determine that other special
measures designed to meet the particular requirements of persons who, for
reasons such as sex, age, disablement, family responsibilities or social or
cultural status, are generally recognised to require special protection or
assistance, shall not be deemed to be discrimination.
Article 6
Each Member which ratifies this Convention undertakes to apply it to
non-metropolitan territories in accordance with the provisions of the
Constitution of the International Labour Organisation.
Article 7
The formal ratifications of this Convention shall be communicated to the
Director-General of the International Labour Office for registration.
Article 8
1. This Convention shall be binding only upon those Members of the
International Labour Organisation whose ratifications have been registered with
the Director-General.
2. It shall come into force twelve months after the date on which the
ratifications of two Members have been registered with the Director-General.
3. Thereafter, this Convention shall come into force for any Member
twelve months after the date on which its ratification has been registered.
Article 9
1. A Member which has ratified this Convention may denounce it after
the expiration of ten years from the date on which the Convention first comes
into force, by an act communicated to the Director-General of the International
Labour Office for registration.
Such denunciation shall not take effect until one year after the date on which it
is registered.
2. Each Member which has ratified this Convention and which does not,
within the year following the expiration of the period of ten years mentioned in
the preceding paragraph, exercise the right of denunciation provided for in this
Article, will be bound for another period of ten years and, thereafter, may
denounce this Convention at the expiration of each period of ten years under the
terms provided for in this Article.
Article 10
1. The Director-General of the International Labour Office shall notify
all Members of the International Labour Organisation of the registration of all
ratifications and denunciations communicated to him by the Members of the
Organisation.
2. When notifying the members of the Organisation of the registration of
the second ratification communicated to him, the Director-General shall draw
the attention of the Members of the Organisation to the date upon which the
Convention will come into force.
Article 11
The Director-General of the International Labour Office shall communicate
to the Secretary-General of the United Nations for registration in accordance
with Article 102 of the Charter of the United Nations full particulars of all
ratifications and acts of denunciation registered by him in accordance with the
provisions of the preceding Articles.
Article 12
At such times as it may consider necessary the Governing Body of the
International Labour Office shall present to the General Conference a report on
the working of this Convention and shall examine the desirability of placing on
the agenda of the Conference the question of its revision in whole or in part.
Article 13
1. Should the Conference adopt a new Convention revising this
Convention in whole or in part, then, unless the new Convention otherwise
provides—
(a) the ratification by a Member of the new revising Convention shall
ipso jure involve the immediate denunciation of this Convention,
notwithstanding the provisions of Article 9 above, if and when the
new revising Convention shall have come into force;
(b) as from the date when the new revising Convention comes into force
this Convention shall cease to be open to ratification by the Members.
2. This Convention shall in any case remain in force in its actual form
and content for those Members which have ratified it but have not ratified the
revising Convention.
Article 14
The English and French versions of the text of this Convention are equally
authoritative.
PART I
Article 1
1. All peoples have the right of self-determination. By virtue of that right
they freely determine their political status and freely pursue their economic,
social and cultural development.
2. All peoples may, for their own ends, freely dispose of their natural
wealth and resources without prejudice to any obligations arising out of
PART II
Article 2
1. Each State Party to the present Covenant undertakes to respect and to
ensure to all individuals within its territory and subject to its jurisdiction the
rights recognized in the present Covenant, without distinction of any kind, such
as race, colour, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status.
2. Where not already provided for by existing legislative or other
measures, each State Party to the present Covenant undertakes to take the
necessary steps, in accordance with its constitutional processes and with the
provisions of the present Covenant, to adopt such legislative or other measures
as may be necessary to give effect to the rights recognized in the present
Covenant.
3. Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein
recognized are violated shall have an effective remedy, notwithstanding that the
violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right
thereto determined by competent judicial, administrative or legislative
authorities, or by any other competent authority provided for by the legal
system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies
when granted.
Article 3
The States Parties to the present Covenant undertake to ensure the equal
right of men and women to the enjoyment of all civil and political rights set
forth in the present Covenant.
Article 4
1. In time of public emergency which threatens the life of the nation and
the existence of which is officially proclaimed, the States Parties to the present
Covenant may take measures derogating from their obligations under the
present Covenant to the extent strictly required by the exigencies of the
situation, provided that such measures are not inconsistent with their other
obligations under international law and do not involve discrimination solely on
the ground of race, colour, sex, language, religion or social origin.
2. No derogation from articles 6, 7, 8 (paragraphs 1 and 2), 11, 15, 16
and 18 may be made under this provision.
3. Any State Party to the present Covenant availing itself of the right of
derogation shall immediately inform the other States Parties to the present
Covenant, through the intermediary of the Secretary-General of the United
Nations, of the provisions from which it has derogated and of the reasons by
which it was actuated. A further communication shall be made, through the
same intermediary, on the date on which it terminates such derogation.
Article 5
1. Nothing in the present Covenant may be interpreted as implying for
any State, group or person any right to engage in any activity or perform any act
aimed at the destruction of any of the rights and freedoms recognized herein or
at their limitation to a greater extent than is provided for in the present
Covenant.
2. There shall be no restriction upon or derogation from any of the
fundamental human rights recognized or existing in any State Party to the
present Covenant pursuant to law, conventions, regulations or custom on the
pretext that the present Covenant does not recognize such rights or that it
recognizes them to a lesser extent.
PART III
Article 6
1. Every human being has the inherent right to life. This right shall be
protected by law. No one shall be arbitrarily deprived of his life.
2. In countries which have not abolished the death penalty, sentence of
death may be imposed only for the most serious crimes in accordance with the
law in force at the time of the commission of the crime and not contrary to the
provisions of the present Covenant and to the Convention on the Prevention and
Punishment of the Crime of Genocide. This penalty can only be carried out
pursuant to a final judgment rendered by a competent court.
3. When deprivation of life constitutes the crime of genocide, it is
understood that nothing in this article shall authorize any State Party to the
present Covenant to derogate in any way from any obligation assumed under the
provisions of the Convention on the Prevention and Punishment of the Crime of
Genocide.
4. Anyone sentenced to death shall have the right to seek pardon or
commutation of the sentence. Amnesty, pardon or commutation of the sentence
of death may be granted in all cases.
5. Sentence of death shall not be imposed for crimes committed by
persons below eighteen years of age and shall not be carried out on pregnant
women.
6. Nothing in this article shall be invoked to delay or to prevent the
abolition of capital punishment by any State Party to the present Covenant.
Article 7
No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment. In particular, no one shall be subjected without his
free consent to medical or scientific experimentation.
Article 8
1. No one shall be held in slavery; slavery and the slave-trade in all their
forms shall be prohibited.
2. No one shall be held in servitude.
Article 9
1. Everyone has the right to liberty and security of person. No one shall
be subjected to arbitrary arrest or detention. No one shall be deprived of his
liberty except on such grounds and in accordance with such procedure as are
established by law.
2. Anyone who is arrested shall be informed, at the time of arrest, of the
reasons for his arrest and shall be promptly informed of any charges against
him.
3. Anyone arrested or detained on a criminal charge shall be brought
promptly before a judge or other officer authorized by law to exercise judicial
power and shall be entitled to trial within a reasonable time or to release. It shall
not be the general rule that persons awaiting trial shall be detained in custody,
but release may be subject to guarantees to appear for trial, at any other stage of
the judicial proceedings, and, should occasion arise, for execution of the
judgment.
4. Anyone who is deprived of his liberty by arrest or detention shall be
entitled to take proceedings before a court, in order that that court may decide
without delay on the lawfulness of his detention and order his release if the
detention is not lawful.
5. Anyone who has been the victim of unlawful arrest or detention shall
have an enforceable right to compensation.
Article 10
1. All persons deprived of their liberty shall be treated with humanity
and with respect for the inherent dignity of the human person.
2. (a) Accused persons shall, save in exceptional circumstances, be
segregated from convicted persons and shall be subject to separate treatment
appropriate to their status as unconvicted persons;
(b) Accused juvenile persons shall be separated from adults and brought
as speedily as possible for adjudication.
3. The penitentiary system shall comprise treatment of prisoners the
essential aim of which shall be their reformation and social rehabilitation.
Juvenile offenders shall be segregated from adults and be accorded treatment
appropriate to their age and legal status.
Article 11
No one shall be imprisoned merely on the ground of inability to fulfil a
contractual obligation.
Article 12
1. Everyone lawfully within the territory of a State shall, within that
territory, have the right to liberty of movement and freedom to choose his
residence.
2. Everyone shall be free to leave any country, including his own.
3. The above-mentioned rights shall not be subject to any restrictions
except those which are provided by law, are necessary to protect national
security, public order (ordre public), public health or morals or the rights and
freedoms of others, and are consistent with the other rights recognized in the
present Covenant.
4. No one shall be arbitrarily deprived of the right to enter his own
country.
Article 13
An alien lawfully in the territory of a State Party to the present Covenant
may be expelled therefrom only in pursuance of a decision reached in
accordance with law and shall, except where compelling reasons of national
security otherwise require, be allowed to submit the reasons against his
expulsion and to have his case reviewed by, and be represented for the purpose
before, the competent authority or a person or persons especially designated by
the competent authority.
Article 14
1. All persons shall be equal before the courts and tribunals. In the
determination of any criminal charge against him, or of his rights and
obligations in a suit at law, everyone shall be entitled to a fair and public
hearing by a competent, independent and impartial tribunal established by law.
The Press and the public may be excluded from all or part of a trial for reasons
of morals, public order (ordre public) or national security in a democratic
society, or when the interest of the private lives of the parties so requires, or to
the extent strictly necessary in the opinion of the court in special circumstances
where publicity would prejudice the interests of justice; but any judgment
rendered in a criminal case or in a suit at law shall be made public except where
the interest of juvenile persons otherwise requires or the proceedings concern
matrimonial disputes or the guardianship of children.
2. Everyone charged with a criminal offence shall have the right to be
presumed innocent until proved guilty according to law.
3. In the determination of any criminal charge against him, everyone
shall be entitled to the following minimum guarantees, in full equality;
(a) To be informed promptly and in detail in a language which he
understands of the nature and cause of the charge against him;
(b) To have adequate time and facilities for the preparation of his defence
and to communicate with counsel of his own choosing;
(c) To be tried without undue delay;
(d) To be tried in his presence, and to defend himself in person or through
legal assistance of his own choosing; to be informed, if he does not have legal
assistance, of this right; and to have legal assistance assigned to him, in any
case where the interests of justice so require, and without payment by him in
any such case if he does not have sufficient means to pay for it;
Article 15
1. No one shall be held guilty of any criminal offence on account of any
act or omission which did not constitute a criminal offence, under national or
international law, at the time when it was committed. Nor shall a heavier
penalty be imposed than the one that was applicable at the time when the
criminal offence was committed. If, subsequent to the commission of the
offence, provision is made by law for the imposition of a lighter penalty, the
offender shall benefit thereby.
2. Nothing in this article shall prejudice the trial and punishment of any
person for any act or omission which, at the time when it was committed, was
criminal according to the general principles of law recognized by the
community of nations.
Article 16
Article 17
1. No one shall be subjected to arbitrary or unlawful interference with
his privacy, family, home or correspondence, nor to unlawful attacks on his
honour and reputation.
2. Everyone has the right to the protection of the law against such
interference or attacks.
Article 18
1. Everyone shall have the right to freedom of thought, conscience and
religion. This right shall include freedom to have or to adopt a religion or belief
of his choice, and freedom, either individually or in community with others and
in public or private, to manifest his religion or belief in worship, observance,
practice and teaching.
2. No one shall be subject to coercion which would impair his freedom
to have or to adopt a religion or belief of his choice.
3. Freedom to manifest one’s religion or beliefs may be subject only to
such limitations as are prescribed by law and are necessary to protect public
safety, order, health or morals or the fundamental rights and freedoms of others.
4. The States Parties to the present Covenant undertake to have respect
for the liberty of parents and, when applicable, legal guardians to ensure the
religious and moral education of their children in conformity with their own
convictions.
Article 19
1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall
include freedom to seek, receive and impart information and ideas of all kinds,
regardless of frontiers, either orally, in writing or in print, in the form of art, or
through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this article
carries with it special duties and responsibilities. It may therefore be subject to
certain restrictions, but these shall only be such as are provided by law and are
necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre
public), or of public health or morals.
Article 20
1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that constitutes
incitement to discrimination, hostility or violence shall be prohibited by law.
Article 21
The right of peaceful assembly shall be recognized. No restrictions may be
placed on the exercise of this right other than those imposed in conformity with
the law and which are necessary in a democratic society in the interests of
national security or public safety, public order (ordre public), the protection of
public health or morals or the protection of the rights and freedoms of others.
Article 22
1. Everyone shall have the right to freedom of association with others,
including the right to form and join trade unions for the protection of his
interests.
2. No restrictions may be placed on the exercise of this right other than
those which are prescribed by law and which are necessary in a democratic
society in the interests of national security or public safety, public order (ordre
public), the protection of public health or morals or the protection of the rights
and freedoms of others. This article shall not prevent the imposition of lawful
restrictions on members of the armed forces and of the police in their exercise
of this right.
3. Nothing in this article shall authorize States Parties to the International
Labour Organisation Convention of 1948 concerning Freedom of Association
and Protection of the Right to Organize to take legislative measures which
would prejudice, or to apply the law in such a manner as to prejudice, the
guarantees provided for in that Convention.
Article 23
1. The family is the natural and fundamental group unit of society and is
entitled to protection by society and the State.
2. The right of men and women of marriageable age to marry and to
found a family shall be recognized.
3. No marriage shall be entered into without the free and full consent of
the intending spouses.
4. States Parties to the present Covenant shall take appropriate steps to
ensure equality of rights and responsibilities of spouses as to marriage, during
marriage and at its dissolution. In the case of dissolution, provision shall be
made for the necessary protection of any children.
Article 24
1. Every child shall have, without any discrimination as to race, colour,
sex, language, religion, national or social origin, property or birth, the right to
such measures of protection as are required by his status as a minor, on the part
of his family, society and the State.
2. Every child shall be registered immediately after birth and shall have a
name.
3. Every child has the right to acquire a nationality.
Article 25
Every citizen shall have the right and the opportunity, without any of the
distinctions mentioned in article 2 and without unreasonable restrictions:
(a) To take part in the conduct of public affairs, directly or through freely
chosen representatives;
(b) To vote and to be elected at genuine periodic elections which shall be
by universal and equal suffrage and shall be held by secret ballot, guaranteeing
the free expression of the will of the electors;
(c) To have access, on general terms of equality, to public service in his
country.
Article 26
All persons are equal before the law and are entitled without any
discrimination to the equal protection of the law. In this respect, the law shall
prohibit any discrimination and guarantee to all persons equal and effective
Article 27
In those States in which ethnic, religious or linguistic minorities exist,
persons belonging to such minorities shall not be denied the right, in community
with the other members of their group, to enjoy their own culture, to profess and
practise their own religion, or to use their own language.
PART IV
Article 28
1. There shall be established a Human Rights Committee (hereafter
referred to in the present Covenant as the Committee). It shall consist of
eighteen members and shall carry out the functions hereinafter provided.
2. The Committee shall be composed of nationals of the States parties to
the present Covenant who shall be persons of high moral character and
recognized competence in the field of human rights, consideration being given
to the usefulness of the participation of some persons having legal experience.
3. The members of the Committee shall be elected and shall serve in
their personal capacity.
Article 29
1. The members of the Committee shall be elected by secret ballot from
a list of persons possessing the qualifications prescribed in article 28 and
nominated for the purpose by the States Parties to the present Covenant.
2. Each State Party to the present Covenant may nominate not more than
two persons. These persons shall be nationals of the nominating State.
3. A person shall be eligible for renomination.
Article 30
1. The initial election shall be held no later than six months after the date
of the entry into force of the present Covenant.
Article 31
1. The Committee may not include more than one national of the same
State.
2. In the election of the Committee, consideration shall be given to
equitable geographical distribution of membership and to the representation of
the different forms of civilization and of the principal legal systems.
Article 32
1. The members of the Committee shall be elected for a term of four
years. They shall be eligible for re-election if renominated. However, the terms
of nine of the members elected at the first election shall expire at the end of two
years; immediately after the first election, the names of these nine members
shall be chosen by lot by the Chairman of the meeting referred to in article 30,
paragraph 4.
2. Elections at the expiry of office shall be held in accordance with the
preceding articles of this part of the present Covenant.
Article 33
Article 34
1. When a vacancy is declared in accordance with article 33 and if the
term of office of the member to be replaced does not expire within six months
of the declaration of the vacancy, the Secretary-General of the United Nations
shall notify each of the States Parties to the present Covenant, which may
within two months submit nominations in accordance with article 29 for the
purpose of filling the vacancy.
2. The Secretary-General of the United Nations shall prepare a list in
alphabetical order of the persons thus nominated and shall submit it to the States
Parties to the present Covenant. The election to fill the vacancy shall then take
place in accordance with the relevant provisions of this part of the present
Covenant.
3. A member of the Committee elected to fill a vacancy declared in
accordance with article 33 shall hold office for the remainder of the term of the
member who vacated the seat on the Committee under the provisions of that
article.
Article 35
The members of the Committee shall, with the approval of the General
Assembly of the United Nations, receive emoluments from United Nations
resources on such terms and conditions as the General Assembly may decide,
having regard to the importance of the Committee’s responsibilities.
Article 36
Article 37
1. The Secretary-General of the United Nations shall convene the initial
meeting of the Committee at the Headquarters of the United Nations.
2. After its initial meeting, the Committee shall meet at such times as
shall be provided in its rules of procedure.
3. The Committee shall normally meet at the Headquarters of the United
Nations or at the United Nations Office at Geneva.
Article 38
Every member of the Committee shall, before taking up his duties, make a
solemn declaration in open committee that he will perform his functions
impartially and conscientiously.
Article 39
1. The Committee shall elect its officers for a term of two years. They
may be re-elected.
2. The Committee shall establish its own rules of procedure, but these
rules shall provide, inter alia, that:
(a) Twelve members shall constitute a quorum;
(b) Decisions of the Committee shall be made by a majority vote of the
members present.
Article 40
1. The States Parties to the present Covenant undertake to submit reports
on the measures they have adopted which give effect to the rights recognized
herein and on the progress made in the enjoyment of those rights:
(a) Within one year of the entry into force of the present Covenant for the
States Parties concerned;
(b) Thereafter whenever the Committee so requests.
2. All reports shall be submitted to the Secretary-General of the United
Nations, who shall transmit them to the Committee for consideration. Reports
shall indicate the factors and difficulties, if any, affecting the implementation of
the present Covenant.
3. The Secretary-General of the United Nations may, after consultation
with the Committee, transmit to the specialized agencies concerned copies of
such parts of the reports as may fall within their field of competence.
4. The Committee shall study the reports submitted by the States Parties
to the present Covenant. It shall transmit its reports, and such general comments
as it may consider appropriate, to the States Parties. The Committee may also
transmit to the Economic and Social Council these comments along with the
copies of the reports it has received from States Parties to the present Covenant.
5. The States Parties to the present Covenant may submit to the
Committee observations on any comments that may be made in accordance with
paragraph 4 of this article.
Article 41
1. A State Party to the present Covenant may at any time declare under
this article that it recognizes the competence of the Committee to receive and
consider communications to the effect that a State Party claims that another
State Party is not fulfilling its obligations under the present Covenant.
Communications under this article may be received and considered only if
submitted by a State Party which has made a declaration recognizing in regard
to itself the competence of the Committee. No communications shall be
received by the Committee if it concerns a State Party which has not made such
a declaration. Communications received under this article shall be dealt with in
accordance with the following procedure:
(a) If a State Party to the present Covenant considers that another State
Party is not giving effect to the provisions of the present Covenant, it may, by
written communication, bring the matter to the attention of that State Party.
Within three months after the receipt of the communication, the receiving State
shall afford the State which sent the communication an explanation or any other
statement in writing clarifying the matter which should include, to the extent
possible and pertinent, reference to domestic procedures and remedies taken,
pending, or available in the matter.
(b) If the matter is not adjusted to the satisfaction of both States Parties
concerned within six months after the receipt by the receiving State of the initial
communication, either State shall have the right to refer the matter to the
Committee, by notice given to the Committee and to the other State.
(c) The Committee shall deal with a matter referred to it only after it has
ascertained that all available domestic remedies have been invoked and
exhausted in the matter, in conformity with the generally recognized principles
of international law. This shall not be the rule where the application of the
remedies is unreasonably prolonged.
(d) The Committee shall hold closed meetings when examining
communications under this article.
(e) Subject to the provisions of sub-paragraph (c), the Committee shall
make available its good offices to the States Parties concerned with a view to a
friendly solution of the matter on the basis of respect for human rights and
fundamental freedoms as recognized in the present Covenant.
(f) In any matter referred to it, the Committee may call upon the States
Parties concerned, referred to in sub-paragraph (b), to supply any relevant
information.
(g) The States Parties concerned, referred to in sub-paragraph (b), shall
have the right to be represented when the matter is being considered in the
Committee and to make submissions orally and/or in writing.
(h) The Committee shall, within twelve months after the date of receipt of
notice under sub-paragraph (b), submit a report:
(i) If a solution within the terms of sub-paragraph (e) is reached, the
Committee shall confine its report to a brief statement of the facts
and of the solution reached;
(ii) If a solution within the terms of sub-paragraph (e) is not reached,
the Committee shall confine its report to a brief statement of the
facts; the written submissions and record of the oral submissions
made by the States Parties concerned shall be attached to the
report.
In every matter, the report shall be communicated to the States Parties
concerned.
2. The provisions of this article shall come into force when ten States
Parties to the present Covenant have made declarations under paragraph 1 of
this article.
Such declarations shall be deposited by the States Parties with the
Secretary-General of the United Nations, who shall transmit copies thereof to
the other States Parties. A declaration may be withdrawn at any time by
notification to the Secretary-General. Such a withdrawal shall not prejudice the
consideration of any matter which is the subject of a communication already
transmitted under this article; no further communication by any State Party shall
Article 42
1. (a) If a matter referred to the Committee in accordance with article 41
is not resolved to the satisfaction of the States Parties concerned, the Committee
may, with the prior consent of the States Parties concerned, appoint an ad hoc
Conciliation Commission (hereinafter referred to as the Commission). The good
offices of the Commission shall be made available to the States Parties
concerned with a view to an amicable solution of the matter on the basis of
respect for the present Covenant;
(b) The Commission shall consist of five persons acceptable to the
States Parties concerned. If the States Parties concerned fail to reach agreement
within three months on all or part of the composition of the Commission the
members of the Commission concerning whom no agreement has been reached
shall be elected by secret ballot by a two-thirds majority vote of the Committee
from among its members.
2. The members of the Commission shall serve in their personal
capacity. They shall not be nationals of the States Parties concerned, or of a
State not party to the present Covenant, or of a State Party which has not made a
declaration under article 41.
3. The Commission shall elect its own Chairman and adopt its own rules
of procedure.
4. The meetings of the Commission shall normally be held at the
Headquarters of the United Nations or at the United Nations Office at Geneva.
However, they may be held at such other convenient places as the Commission
may determine in consultation with the Secretary-General of the United Nations
and the States Parties concerned.
5. The secretariat provided in accordance with article 36 shall also
service the commissions appointed under this article.
6. The information received and collated by the Committee shall be
made available to the Commission and the Commission may call upon the
States Parties concerned to supply any other relevant information.
7. When the Commission has fully considered the matter, but in any
event not later than twelve months after having been seized of the matter, it
Article 43
The members of the Committee, and of the ad hoc conciliation
commissions which may be appointed under article 42, shall be entitled to the
facilities, privileges and immunities of experts on mission for the United
Nations as laid down in the relevant sections of the Convention on the
Privileges and Immunities of the United Nations.
Article 44
The provisions for the implementation of the present Covenant shall apply
without prejudice to the procedures prescribed in the field of human rights by or
under the constituent instruments and the conventions of the United Nations and
of the specialized agencies and shall not prevent the States Parties to the present
Covenant from having recourse to other procedures for settling a dispute in
accordance with general or special international agreements in force between
them.
Article 45
The Committee shall submit to the General Assembly of the United
Nations through the Economic and Social Council, an annual report on its
activities.
PART V
Article 46
Nothing in the present Covenant shall be interpreted as impairing the
provisions of the Charter of the United Nations and of the constitutions of the
specialized agencies which define the respective responsibilities of the various
organs of the United Nations and of the specialized agencies in regard to the
matters dealt with in the present Covenant.
Article 47
Nothing in the present Covenant shall be interpreted as impairing the
inherent right of all peoples to enjoy and utilize fully and freely their natural
wealth and resources.
PART VI
Article 48
1. The present Covenant is open for signature by any State Member of
the United Nations or member of any of its specialized agencies, by any State
Party to the Statute of the International Court of Justice, and by any other State
which has been invited by the General Assembly of the United Nations to
become a party to the present Covenant.
2. The present Covenant is subject to ratification. Instruments of
ratification shall be deposited with the Secretary-General of the United Nations.
Article 49
1. The present Covenant shall enter into force three months after the date
of the deposit with the Secretary-General of the United Nations of the
thirty-fifth instrument of ratification or instrument of accession.
2. For each State ratifying the present Covenant or acceding to it after
the deposit of the thirty-fifth instrument of ratification or instrument of
accession, the present Covenant shall enter into force three months after the date
of the deposit of its own instrument of ratification or instrument of accession.
Article 50
The provisions of the present Covenant shall extend to all parts of federal
States without any limitations or exceptions.
Article 51
1. Any State Party to the present Covenant may propose an amendment
and file it with the Secretary-General of the United Nations. The
Secretary-General of the United Nations shall thereupon communicate any
proposed amendments to the States Parties to the present Covenant with a
request that they notify him whether they favour a conference of States Parties
for the purpose of considering and voting upon the proposals. In the event that
at least one third of the States Parties favours such a conference, the
Secretary-General shall convene the conference under the auspices of the
United Nations. Any amendment adopted by a majority of the States Parties
present and voting at the conference shall be submitted to the General Assembly
of the United Nations for approval.
2. Amendments shall come into force when they have been approved by
the General Assembly of the United Nations and accepted by a two-thirds
majority of the States Parties to the present Covenant in accordance with their
respective constitutional processes.
3. When amendments come into force, they shall be binding on those
States Parties which have accepted them, other States Parties still being bound
by the provisions of the present Covenant and any earlier amendment which
they have accepted.
Article 52
Irrespective of the notifications made under article 48, paragraph 5, the
Secretary-General of the United Nations shall inform all States referred to in
paragraph 1 of the same article of the following particulars:
(a) Signatures, ratifications and accessions under article 48;
(b) The date of the entry into force of the present Covenant under article
49 and the date of the entry into force of any amendments under article 51.
Article 53
1. The present Covenant, of which the Chinese, English, French, Russian
and Spanish texts are equally authentic, shall be deposited in the archives of the
United Nations.
2. The Secretary-General of the United Nations shall transmit certified
copies of the present Covenant to all States referred to in article 48.
IN FAITH WHEREOF the undersigned, being duly authorized thereto by
their respective Governments, have signed the present Covenant, opened for
signature at New York, on the nineteenth day of December, one thousand nine
hundred and sixty-six.
Whereas the peoples of the United Nations have, in the Charter, reaffirmed
their faith in fundamental human rights and in the dignity and worth of the
human person, and have determined to promote social progress and better
standards of life in larger freedom,
Whereas the United Nations has, in the Universal Declaration of Human
Rights, proclaimed that everyone is entitled to all the rights and freedoms set
forth therein, without distinction of any kind, such as race, colour, sex,
language, religion, political or other opinion, national or social origin, property,
birth or other status,
Whereas the child, by reason of his physical and mental immaturity, needs
special safeguards and care, including appropriate legal protection, before as
well as after birth,
Whereas the need for such special safeguards has been stated in the Geneva
Declaration of the Rights of the Child of 1924, and recognized in the Universal
Declaration of Human Rights and in the statutes of specialized agencies and
international organizations concerned with the welfare of children,
Whereas mankind owes to the child the best it has to give,
Now therefore,
The General Assembly
Proclaims this Declaration of the Rights of the Child to the end that he may
have a happy childhood and enjoy for his own good and for the good of society
the rights and freedoms herein set forth, and calls upon parents, upon men and
women as individuals, and upon voluntary organizations, local authorities and
national Governments to recognize these rights and strive for their observance
by legislative and other measures progressively taken in accordance with the
following principles:
Principle 1
The child shall enjoy all the rights set forth in this Declaration. Every child,
without any exception whatsoever, shall be entitled to these rights, without
distinction or discrimination on account of race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other
status, whether of himself or of his family.
Principle 2
The child shall enjoy special protection, and shall be given opportunities
and facilities, by law and by other means, to enable him to develop physically,
mentally, morally spiritually and socially in a healthy and normal manner and in
conditions of freedom and dignity. In the enactment of laws for this purpose, the
best interests of the child shall be the paramount consideration.
Principle 3
The child shall be entitled from his birth to a name and a nationality.
Principle 4
The child shall enjoy the benefits of social security. He shall be entitled to
grow and develop in health; to this end, special care and protection shall be
provided both to him and to his mother, including adequate pre-natal and
post-natal care. The child shall have the right to adequate nutrition, housing,
recreation and medical services.
Principle 5
The child who is physically, mentally or socially handicapped shall be
given the special treatment, education and care required by his particular
condition.
Principle 6
The child, for the full and harmonious development of his personality,
needs love and understanding. He shall, wherever possible, grow up in the care
and under the responsibility of his parents, and, in any case, in an atmosphere of
affection and of moral and material security; a child of tender years shall not,
save in exceptional circumstances, be separated from his mother. Society and
the public authorities shall have the duty to extend particular care to children
without a family and to those without adequate means of support. Payment of
State and other assistance towards the maintenance of children of large families
is desirable.
Principle 7
The child is entitled to receive education, which shall be free and
compulsory, at least in the elementary stages. He shall be given an education
which will promote his general culture and enable him, on a basis of equal
opportunity, to develop his abilities, his individual judgment, and his sense of
moral and social responsibility, and to become a useful member of society.
The best interests of the child shall be the guiding principle of those
responsible for his education and guidance; that responsibility lies in the first
place with his parents.
The child shall have full opportunity for play and recreation, which should
be directed to the same purposes as education; society and the public authorities
shall endeavour to promote the enjoyment of this right.
Principle 8
The child shall in all circumstances be among the first to receive protection
and relief.
Principle 9
The child shall be protected against all forms of neglect, cruelty and
exploitation. He shall not be the subject of traffic, in any form.
The child shall not be admitted to employment before an appropriate
minimum age; he shall in no case be caused or permitted to engage in any
occupation or employment which would prejudice his health or education, or
interfere with his physical, mental or moral development.
Principle 10
The child shall be protected from practices which may foster racial,
religious and any other form of discrimination. He shall be brought up in a spirit
of understanding, tolerance, friendship among peoples, peace and universal
brotherhood, and in full consciousness that his energy and talents should be
devoted to the service of his fellow men.
2. The mentally retarded person has a right to proper medical care and
physical therapy and to such education, training, rehabilitation and guidance as
will enable him to develop his ability and maximum potential.
3. The mentally retarded person has a right to economic security and to a
decent standard of living. He has a right to perform productive work or to
engage in any other meaningful occupation to the fullest possible extent of his
capabilities.
4. Whenever possible, the mentally retarded person should live with his
own family or with foster parents and participate in different forms of
community life. The family with which he lives should receive assistance. If
care in an institution becomes necessary, it should be provided in surroundings
and other circumstances as close as possible to those of normal life.
5. The mentally retarded person has a right to a qualified guardian when
this is required to protect his personal well-being and interests.
6. The mentally retarded person has a right to protection from
exploitation, abuse and degrading treatment. If prosecuted for any offence, he
shall have a right to due process of law with full recognition being given to his
degree of mental responsibility.
7. Whenever mentally retarded persons are unable, because of the
severity of their handicap, to exercise all their rights in a meaningful way or it
should become necessary to restrict or deny some or all of these rights, the
procedure used for that restriction or denial of rights must contain proper legal
safeguards against every form of abuse. This procedure must be based on an
evaluation of the social capability of the mentally retarded person by qualified
experts and must be subject to periodic review and to the right of appeal to
higher authorities.
Proclaims this Declaration on the Rights of Disabled Persons and calls for
national and international action to ensure that it will be used as a common
basis and frame of reference for the protection of these rights:
1. The term “disabled person” means any person unable to ensure by
himself or herself, wholly or partly, the necessities of a normal individual
and/or social life, as a result of deficiency, either congenital or not, in his or her
physical or mental capabilities.
2. Disabled persons shall enjoy all the rights set forth in this Declaration.
These rights shall be granted to all disabled persons without any exception
whatsoever and without distinction or discrimination on the basis of race,
colour, sex, language, religion, political or other opinions, national or social
origin, state of wealth, birth or any other situation applying either to the
disabled person himself or herself or to his or her family.
3. Disabled persons have the inherent right to respect for their human
dignity. Disabled persons, whatever the origin, nature and seriousness of their
handicaps and disabilities, have the same fundamental rights as their
fellow-citizens of the same age, which implies first and foremost the right to
enjoy a decent life, as normal and full as possible.
4. Disabled persons have the same civil and political rights as other
human beings; paragraph 7 of the Declaration on the Rights of Mentally
Retarded Persons applies to any possible limitation or suppression of those
rights for mentally disabled persons.
5. Disabled persons are entitled to the measures designed to enable them
to become as self-reliant as possible.
6. Disabled persons have the right to medical, psychological and
functional treatment, including prosthetic and orthetic appliances, to medical
and social rehabilitation, education, vocational training and rehabilitation, aid,
counselling, placement services and other services which will enable them to
develop their capabilities and skills to the maximum and will hasten the process
of their social integration or reintegration.
7. Disabled persons have the right to economic and social security and to
a decent level of living. They have the right, according to their capabilities, to
secure and retain employment or to engage in a useful, productive and
remunerative occupation and to join trade unions.
8. Disabled persons are entitled to have their special needs taken into
consideration at all stages of economic and social planning.
9. Disabled persons have the right to live with their families or with
foster parents and to participate in all social, creative or recreational activities.
No disabled person shall be subjected, as far as his or her residence is
concerned, to differential treatment other than that required by his or her
condition or by the improvement which he or she may derive therefrom. If the
stay of a disabled person in a specialized establishment is indispensable, the
environment and living conditions therein shall be as close as possible to those
of the normal life of a person of his or her age.
10. Disabled persons shall be protected against all exploitation, all
regulations and all treatment of a discriminatory, abusive or degrading nature.
11. Disabled persons shall be able to avail themselves of qualified legal
aid when such aid proves indispensable for the protection of their persons and
property. If judicial proceedings are instituted against them, the legal procedure
applied shall take their physical and mental condition fully into account.
12. Organizations of disabled persons may be usefully consulted in all
matters regarding the rights of disabled persons.
13. Disabled persons, their families and communities shall be fully
informed, by all appropriate means, of the rights contained in this Declaration.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that
has amended (or will amend) the compiled law. The information includes
commencement details for amending laws and details of any application, saving
or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at
the provision (generally section or equivalent) level. It also includes information
about any provision of the compiled law that has been repealed in accordance
with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make
editorial and presentational changes to a compiled law in preparing a
compilation of the law for registration. The changes must not change the effect
of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief
outline of the changes in general terms. Full details of any changes can be
obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe
the amendment to be made. If, despite the misdescription, the amendment can
Human Rights and Equal 125, 1986 6 Dec 1986 10 Dec 1986 (s 2 and
Opportunity Commission gaz 1986, No S631)
Act 1986
Statute Law 141, 1987 18 Dec 1987 s 5(1): 18 Dec 1987 s 5(1)
(Miscellaneous (s (1))
Provisions) Act 1987 Sch 1: 1 Feb 1987
(s 2(17))
Statute Law 38, 1988 3 June 1988 s 5(1) and Sch 1: s 5(1)
(Miscellaneous 3 June 1988 (s 2(1))
Provisions) Act 1988
Statutory Instruments 99, 1988 2 Dec 1988 Sch: 2 Dec 1988 (s 2) —
(Tabling and
Disallowance) Legislation
Amendment Act 1988
Privacy Act 1988 119, 1988 14 Dec 1988 Sch 1: 1 Jan 1989 (s 2 —
and gaz 1988, No
S399)
Defence Legislation 75, 1990 22 Oct 1990 Sch 3: 22 Oct 1990 —
Amendment Act 1990 (s 2(1))
Law and Justice 115, 1990 21 Dec 1990 Sch: 21 Dec 1990 —
Legislation Amendment (s 2(1))
Act 1990
Industrial Relations 122, 1991 27 June 1991 s 31(2) and Sch: 10 s 31(2)
Legislation Amendment Dec 1991 (s 2(3) and
Act 1991 gaz 1991, No S332)
Human Rights and Equal 132, 1992 30 Oct 1992 s 4–10: 26 Nov 1992 —
Opportunity Legislation (s 2)
Amendment Act 1992
as amended by
Human Rights 59, 1995 28 June 1995 Sch (item 25): 30 Oct —
Legislation 1992 (s 2(2))
Amendment Act 1995
Sex Discrimination and 179, 1992 16 Dec 1992 s 4 and Sch: 13 Jan s4
other Legislation 1993 (s 2(1))
Amendment Act 1992
Human Rights and Equal 180, 1992 16 Dec 1992 Sch: 13 Jan 1993 —
Opportunity Legislation
Amendment Act (No. 2)
1992
Qantas Sale Act 1992 196, 1992 21 Dec 1992 Sch: never —
commenced (s 2(2),
(5), (6))
as amended by
Qantas Sale 60, 1993 3 Nov 1993 s 4: 10 Mar 1993 (s 2) —
Amendment Act 1993
Qantas Sale 168, 1994 16 Dec 1994 Sch (item 17): 16 Dec —
Amendment Act 1994 1994 (s 2(1))
Human Rights 59, 1995 28 June 1995 s 4, 5 and Sch s 4 and 5
Legislation Amendment (items 9–23): 28 June
Act 1995 1995 (s 2(1))
Human Rights 133, 1999 13 Oct 1999 s 4–16, 19, 20 and Sch s 4–16, 19–22
Legislation Amendment 1 (items 37–52, 42–
Act (No. 1) 1999 59, 61, 62): 13 Apr
2000 (s 2(3))
s 21: 13 Apr 2000
(s 2(1))
s 22 and Sch 1
(items 53, 60): 10 Dec
1999 (s 2(2) and gaz
1999, No S598)
Disability Discrimination 70, 2009 8 July 2009 Sch 2 (items 91, 92) Sch 3 (items 130,
and Other Human Rights and Sch 3 (items 34– 148, 153, 155,
Legislation Amendment 38, 119–166): 5 Aug 158)
Act 2009 2009 (s 2(1) items 3,
7, 10)
Fair Work Amendment 124, 2009 9 Dec 2009 Sch 2 (item 123): —
(State Referrals and Other 1 Jan 2010 (s 2(1)
Measures) Act 2009 item 10)
Freedom of Information 51, 2010 31 May 2010 Sch 5 (items 4–8) and Sch 7
Amendment (Reform) Sch 7: 1 Nov 2010
Act 2010 (s 2(1) item 7)
Financial Framework 148, 2010 17 Dec 2010 Sch 1: 18 Dec 2010 Sch 1 (items 2, 3)
Legislation Amendment (s 2(1) item 2)
Act 2010
Statute Law Revision Act 5, 2011 22 Mar 2011 Sch 6 (items 7–9): —
2011 19 Apr 2011 (s 2(1)
item 15)
Sex and Age 40, 2011 20 June 2011 Sch 2 (items 7–10, Sch 2 (item 14)
Discrimination 14): 29 July 2011 (s
Legislation Amendment 2(1) item 3)
Act 2011
Acts Interpretation 46, 2011 27 June 2011 Sch 2 (items 163–167) Sch 3 (items 10,
Amendment Act 2011 and Sch 3 (items 10, 11)
11): 27 Dec 2011
(s 2(1) items 3, 12)
Australian Human Rights 89, 2012 28 June 2012 Sch 1: 1 July 2012 Sch 1 (items 7, 8)
Commission Amendment (s 2(1) item 2)
(National Children’s Remainder: 28 June
Commissioner) Act 2012 2012 (s 2(1) item 1)
Statute Law Revision Act 136, 2012 22 Sept 2012 Sch 1 (items 15, 16): —
2012 22 Sept 2012 (s 2(1)
item 1)
Fair Work Amendment 174, 2012 4 Dec 2012 Sch 9 (items 1260, —
Act 2012 1261): 1 Jan 2013
(s 2(1) item 5)
Privacy Amendment 197, 2012 12 Dec 2012 Sch 5 (item 147) and Sch 6 (items 1,
(Enhancing Privacy Sch 6 (items 15–19): 15–19)
Protection) Act 2012 12 Mar 2014 (s 2(1)
items 3, 19)
Sch 6 (item 1): 12 Dec
2012 (s 2(1) item 16)
Federal Circuit Court of 13, 2013 14 Mar 2013 Sch 1 (items 48–50) —
Australia (Consequential and Sch 2 (item 1):
Amendments) Act 2013 12 Apr 2013 (s 2(1)
items 2, 3)
Public Governance, 62, 2014 30 June 2014 Sch 5 (items 67–69), Sch 14
Performance and Sch 7 (items 257–262)
Accountability and Sch 14: 1 July
(Consequential and 2014 (s 2(1) items 5,
Transitional Provisions) 6, 14)
Act 2014
as amended by
Public Governance and 36, 2015 13 Apr 2015 Sch 2 (items 7–9) and Sch 7
Resources Legislation Sch 7: 14 Apr 2015
Amendment Act (s 2)
(No. 1) 2015
as amended by
Acts and 126, 2015 10 Sept 2015 Sch 1 (item 486): —
Instruments 5 Mar 2016 (s 2(1)
(Framework item 2)
Reform)
(Consequential
Provisions) Act
2015
Acts and Instruments 126, 2015 10 Sept 2015 Sch 1 (item 495): —
(Framework Reform) 5 Mar 2016 (s 2(1)
(Consequential item 2)
Provisions) Act 2015
National Security 108, 2014 2 Oct 2014 Sch 7 (items 68-71, Sch 7 (items 144,
Legislation Amendment 144, 145): 3 Oct 2014 145)
Act (No 1) 2014 (s 2(1) items 3, 5)
Norfolk Island 59, 2015 26 May 2015 Sch 2 (items 70, 71): Sch 2 (items 356–
Legislation Amendment 1 July 2016 (s 2(1) 396)
Act 2015 item 5)
Sch 2 (items 356–
396): 18 June 2015 (s
2(1) item 6)
as amended by
Territories Legislation 33, 2016 23 Mar 2016 Sch 2: 24 Mar 2016 —
Amendment Act 2016 (s 2(1) item 2)
Acts and Instruments 126, 2015 10 Sept 2015 Sch 1 (item 49): 5 Mar —
(Framework Reform) 2016 (s 2(1) item 2)
(Consequential
Provisions) Act 2015
Statute Law Revision Act 4, 2016 11 Feb 2016 Sch 4 (items 1, 24): —
(No. 1) 2016 10 Mar 2016 (s 2(1)
item 6)
Human Rights 32, 2017 12 Apr 2017 Sch 2: 13 Apr 2017 Sch 2 (items 58,
Legislation Amendment (s 2(1) item 1) 59)
Act 2017
as amended by
Federal Circuit and 13, 2021 1 Mar 2021 Sch 2 (item 461): 1 —
Family Court of Sept 2021 (s 2(1)
Australia item 5)
(Consequential
Amendments and
Transitional
Provisions) Act 2021
Prime Minister and 2, 2018 20 Feb 2018 Sch 3 (items 4, 5): —
Cabinet Legislation 21 Feb 2018 (s 2(1)
Amendment (2017 item 1)
Measures No. 1) Act
2018
Intelligence Services 25, 2018 11 Apr 2018 Sch 1 (items 45, 46, Sch 1 (items 100–
Amendment 100–108): 1 July 2018 108)
(Establishment of the (s 2(1) item 2)
Australian Signals
Directorate) Act 2018
Office of National 156, 2018 10 Dec 2018 Sch 2 (items 20, 21) Sch 4
Intelligence and Sch 4: 20 Dec
(Consequential and 2018 (s 2(1) items 2,
Transitional Provisions) 4)
Act 2018
Federal Circuit and 13, 2021 1 Mar 2021 Sch 2 (items 92–106): —
Family Court of Australia 1 Sept 2021 (s 2(1)
(Consequential item 5)
Amendments and
Transitional Provisions)
Act 2021
Surveillance Legislation 98, 2021 3 Sept 2021 Sch 2 (items 39–47): 4 —
Amendment (Identify and Sept 2021 (s 2(1)
Disrupt) Act 2021 item 3)
Sex Discrimination and 104, 2021 10 Sept 2021 Sch 1 (items 1–3, Sch 1 (item 89)
Fair Work (Respect at 89):11 Sept 2021 (s
Work) Amendment Act 2(1) item 1)
2021
Title ...............................................
am No 70, 2009
Part I
s 1 ..................................................
am No 70, 2009
s 3 ..................................................
am No 119, 1988; No 115, 1990; No 132, 1992; No 180, 1992; No 133,
1999; No 194, 1999; No 105, 2002; No 40, 2004; SLI 2006 No 50; No 54,
2009; No 70, 2009; No 51, 2010; No 5, 2011; No 40, 2011; No 89, 2012;
No 13, 2013; No 32, 2017; No 13, 2021; No 98, 2021; No 104, 2021
s 4 ..................................................
rs No 133, 1999
s 6 ..................................................
am No 22, 2002; No 59, 2015
s 6A ...............................................
ad No 24, 2001
Part II
Part II heading ...............................
rs No 70, 2009
Division 1
s 7 ..................................................
am No 70, 2009; No 148, 2010; No 62, 2014
s 8 ..................................................
am No 119, 1988; No 132, 1992; No 180, 1992; No 59, 1995; No 133, 1999;
No 2, 2000; No 40, 2011; No 89, 2012; No 32, 2017
s 8A ...............................................
ad No 59, 1995
am No 133, 1999; No 62, 2014; No 32, 2017
s 8B ...............................................
ad No 59, 1995
am No 70, 2009
Division 2
Division 2 heading.........................
rs No 59, 1995
s 10A .............................................
ad No 59, 1995
s 11 ................................................
am No 141, 1987; No 75, 1990; No 132, 1992; No 133, 1999; No 161, 1999;
No 40, 2004; No 128, 2005; No 70, 2009; No 5, 2011; No 108, 2014; No 32,
2017; No 25, 2018; No 156, 2018; No 98, 2021
s 12 ................................................
rep No 59, 1995
s 13 ................................................
am No 59, 1995; No 62, 2014
s 14 ................................................
am No 132, 1992; No 24, 2001; No 40, 2004; No 70, 2009
s 16 ................................................
am No 38, 1988; No 132, 1992; No 133, 1999; No 40, 2004
s 17 ................................................
rep No 70, 2009
s 19 ................................................
am No 132, 1992 (as am by No 59, 1995); No 180, 1992; No 59, 1995;
No 133, 1999; No 40, 2004; No 32, 2017
Division 3
s 19A .............................................
ad No 179, 1992
s 20 ................................................
am No 119, 1988; No 70, 2009; No 51, 2010; No 197, 2012; No 32, 2017;
No 98, 2021
s 20A .............................................
ad No 32, 2017
s 21 ................................................
am No 75, 1990; No 128, 2005; No 5, 2011; No 108, 2014; No 25, 2018; No
156, 2018
s 23 ................................................
am No 24, 2001; No 70, 2009
s 24 ................................................
am No 180, 1992; No 125, 2002; No 70, 2009
s 25 ................................................
rep No 137, 2000
s 26 ................................................
am No 137, 2000; No 70, 2009; No 4, 2016
Division 4
s 30 ................................................
am No 179, 1992
s 31 ................................................
am No 133, 1999; No 100, 2005; No 32, 2017
s 32 ................................................
am No 70, 2009; No 32, 2017
s 32A .............................................
ad No 32, 2017
s 33 ................................................
am No 137, 2000
Division 5
s 36 ................................................
am No 132, 1992; No 59, 1995; No 62, 2004; No 46, 2011
ed C45
s 37 ................................................
am No 133, 1999
s 38 ................................................
am No 59, 1995
s 39 ................................................
am No 122, 1991; No 146, 1999
s 41 ................................................
am No 122, 1991; No 62, 2014
s 42 ................................................
rep No 62, 2014
s 43 ................................................
am No 59, 1995; No 133, 1999; No 146, 1999
s 43A .............................................
ad No 59, 1995
s 46I ...............................................
ad No 180, 1992
s 46J...............................................
ad No 180, 1992
am No 46, 2011
Division 3
s 46K .............................................
ad No 180, 1992
s 46L..............................................
ad No 180, 1992
s 46M.............................................
ad No 180, 1992
am No 32, 2017
Part IIAA
Part IIAA .......................................
ad No 89, 2012
Division 1
s 46MA..........................................
ad No 89, 2012
s 46MB ..........................................
ad No 89, 2012
am No 32, 2017
Division 2
Division 2 heading.........................
ed C45
s 46MC ..........................................
ad No 89, 2012
s 46MD..........................................
ad No 89, 2012
s 46ME ..........................................
ad No 89, 2012
Division 3
s 46MF ..........................................
ad No 89, 2012
s 46MG..........................................
ad No 89, 2012
s 46MH..........................................
ad No 89, 2012
s 46MI ...........................................
ad No 89, 2012
s 46MJ ...........................................
ad No 89, 2012
s 46MK..........................................
ad No 89, 2012
Division 4
s 46ML ..........................................
ad No 89, 2012
s 46MM .........................................
ad No 89, 2012
s 46MN..........................................
ad No 89, 2012
Part IIB
Part IIB ..........................................
ad No 133, 1999
Division 1
s 46P ..............................................
ad No 133, 1999
am No 32, 2017; No 98, 2021
s 46PA ...........................................
ad No 133, 1999
s 46PB ...........................................
ad No 133, 1999
s 46PC ...........................................
ad No 133, 1999
am No 32, 2017
s 46PD ...........................................
ad No 133, 1999
s 46PE ...........................................
ad No 133, 1999
am No 32, 2017
s 46PF............................................
ad No 133, 1999
am No 40, 2004; No 70, 2009; No 32, 2017
s 46PG ...........................................
ad No 133, 1999
s 46PH ...........................................
ad No 133, 1999
am No 194, 1999; No 13, 2013; No 32, 2017; No 13, 2021; No 104, 2021
s 46PI.............................................
ad No 133, 1999
s 46PJ ............................................
ad No 133, 1999
rs No 32, 2017
s 46PK ...........................................
ad No 133, 1999
rs No 32, 2017
s 46PKA ........................................
ad No 32, 2017
s 46PL ...........................................
ad No 133, 1999
am No 24, 2001
rep No 32, 2017
s 46PM ..........................................
ad No 133, 1999
am No 24, 2001; No 32, 2017
s 46PN ...........................................
ad No 133, 1999
Division 2
Division 2 heading.........................
rs No 194, 1999; No 13, 2013
am No 13, 2021
s 46PO ...........................................
ad No 133, 1999
am No 194, 1999; No 70, 2009; No 13, 2013; No 32, 2017; No 13, 2021
s 46PP............................................
ad No 133, 1999
am No 194, 1999; No 13, 2013; No 32, 2017; No 13, 2021
s 46PQ ...........................................
ad No 133, 1999
am No 194, 1999
s 46PR ...........................................
ad No 133, 1999
am No 194, 1999; No 63, 2002; No 13, 2013; No 13, 2021
s 46PS............................................
ad No 133, 1999
am No 194, 1999; No 13, 2013; No 32, 2017; No 13, 2021
s 46PSA .........................................
ad No 32, 2017
am No 13, 2021
s 46PT ...........................................
ad No 133, 1999
s 46PU ...........................................
ad No 133, 1999
am No 194, 1999; No 13, 2013; No 13, 2021
s 46PV ...........................................
ad No 133, 1999
am No 194, 1999; No 40, 2011; No 89, 2012; No 13, 2013
ed C45
am No 13, 2021
Part IIC
Part IIC ..........................................
ad No 133, 1999
s 46PW ..........................................
ad No 133, 1999
rs SLI 2006 No 50
am No 54, 2009; No 124, 2009; No 136, 2012; No 174, 2012
s 46PX ...........................................
ad No 133, 1999
s 46PY ...........................................
ad No 133, 1999
Part III
s 46PZ ...........................................
ad No 98, 2021
s 47 ................................................
am No 99, 1988; No 70, 2009; No 126, 2015
s 48 ................................................
am No 38, 1988; No 70, 2009
s 49 ................................................
am No 119, 1988; No 24, 2001; No 70, 2009; No 98, 2021
s 49A .............................................
ad No 133, 1999
s 49B .............................................
ad No 133, 1999
am No 194, 1999; No 13, 2013; No 13, 2021
s 49C .............................................
ad No 133, 1999
am No 194, 1999; No 13, 2013; No 13, 2021
Schedule 2
Schedule 2 .....................................
ed C48