E/CN.4/2002/24/Add.1 page 11 The prohibition of racial discrimination covers various fields, including access to public places and transport, the provision of goods and services, the sale and occupation of land or the occupation of any residential or commercial plot or premises, membership of trade unions, employment and advertising. The law guarantees equality before the law. One of the specific characteristics of Australian law is that it does not require proof of discriminatory intent or motive for an act to be characterized as unlawful. 12. The Racial Hatred Act 1995 incorporated in the Racial Discrimination Act 1975 new provisions for the prohibition of unlawful actions done in public comprising offensive, insulting, humiliating or intimidating behaviour based on race, colour or national or ethnic origin. 13. Apart from federal legislation, New South Wales, Queensland, Western Australia, South Australia, Victoria, Tasmania and the Northern Territory have adopted their own laws which, mutatis mutandis, reflect the provisions of the federal laws. However, the legislation of the State of Victoria does not for the moment prohibit the expression of racial hatred; a bill to remedy this shortcoming is currently under consideration. B. Organizations combating racism and racial discrimination 1. Human Rights and Equal Opportunity Commission 14. In order to ensure the effective enforcement of laws against racism and racial discrimination, the Federal Government and the various states and territories have set up several organizations with authority to receive complaints, conduct inquiries, and advise the authorities on measures needed to eliminate racism and racial discrimination. 15. As stated by Ms. Tay, President of the Human Rights and Equal Opportunity Commission, and the Human Rights Commissioner, at the federal level, the Commission is empowered to implement the Racial Discrimination Act 1975 and the Racial Hatred Act 1995. The Commission was established by the Human Rights and Equal Opportunity Commission Act 1986. As an independent institution, it receives and examines complaints of racial discrimination, and complaints about offensive, insulting, humiliating or intimidating behaviour based on race, colour or national or ethnic origin in accordance with the conditions of admissibility established by the laws for which it has responsibility. It tries to resolve these complaints through conciliation, but if it is unable to do so, the complainant still has the possibility of taking the case to the courts. The Commission is also responsible for conducting research and devising educational programmes to promote human rights. In particular, it ensures that Australian legislation is consistent with the commitments entered into by Australia following ratification of the international human rights instruments. Within the Commission, the Human Rights Commissioner assumes primary responsibility for matters relating to action to combat racism and racial discrimination. 16. Having had the opportunity to meet the representatives of the organizations responsible for combating racism and racial discrimination in Queensland, the Northern Territory and Victoria, the Special Rapporteur wishes to describe some of their activities below.