Australian Capital Territory Numbered Acts

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HUMAN RIGHTS COMMISSION ACT 2005 (NO. 40 OF 2005) - SECT 85

Responding to recommendations

    (1)     An entity commits an offence if—

        (a)     a final report, a third-party report or commission-initiated report recommends that an entity take action within a stated time; and

        (b)     the entity has been given a copy of the report; and

        (c)     the entity fails to tell the commission in writing about the action the entity has taken in relation to the recommendation within 45 days after the later of the following:

              (i)     the end of the stated time or any further period allowed by the commission;

              (ii)     3 weeks after the day the entity is given the report.

Maximum penalty: 50 penalty units.

    (2)     An offence against this section is a strict liability offence.

    (3)     The commission may extend, by no longer than 15 days, the period of 45 days mentioned in subsection (1) if, before the end of the period, the entity asks the commission in writing to extend the period.

Note     If the entity has not complied with the recommendation, the commission may be able to make a third-party report or publish the entity's name etc under s 86.



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