It makes unlawful for a person to do an act, other than in private, if:
- the act is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate another person or group of people; and
- the act is done because of the race, colour or national or ethnic origin of the other person or of some or all of the people in the group.
A breach of Section 18C is not a criminal offence - it is a 'civil offence', which in this context means an individual can seek a legal remedy against the person alleged to have breached s18C. Under the Australian Human Rights Commission Act 1986 remedies include payment of monetary damages, the provision of an apology, an undertaking not to repeat the act complained of, or a combination of these.
