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DISABILITY DISCRIMINATION AND OTHER HUMAN RIGHTS LEGISLATION AMENDMENT BILL 2008

2008
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Disability Discrimination and Other
Human Rights Legislation Amendment
Bill 2008
No. , 2008
(Attorney-General)
A Bill for an Act to amend the Disability
Discrimination Act 1992 and other laws relating to
human rights, and for related purposes
i Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008
No. , 2008
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedule(s) ......................................................................................... 3
Schedule 1--Age discrimination
4
Age Discrimination Act 2004
4
Schedule 2--Disability discrimination
5
Part 1--Amendments commencing 28 days after Royal Assent
5
Disability Discrimination Act 1992
5
Human Rights and Equal Opportunity Commission Act 1986
24
Inspector-General of Intelligence and Security Act 1986
24
Part 2--Other amendments
25
Disability Discrimination Act 1992
25
Workplace Relations Amendment (Work Choices) (Consequential
Amendments) Regulations 2006 (No. 1)
26
Schedule 3--Australian Human Rights Commission
27
Part 1--Name of the Commission
27
Div ision 1--A mend ments commencing 28 days after Royal Assent
27
Age Discrimination Act 2004
27
Australian Crime Commission Act 2002
28
Civil Aviation Act 1988
28
Commonwealth Electoral Act 1918
29
Crimes (Torture) Act 1988
29
Criminal Code Act 1995
29
Defence Act 1903
29
Disability Discrimination Act 1992
29
Evidence Act 1995
31
Housing Assistance Act 1996
31
Human Rights and Equal Opportunity Commission Act 1986
31
Human Rights (Sexual Conduct) Act 1994
32
Inspector-General of Intelligence and Security Act 1986
32
Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 No. ,
2008 ii
Migration Act 1958
32
Native Title Act 1993
33
Privacy Act 1988
33
Privacy Amendment (Office of the Privacy Commissioner) Act 2000
34
Racial Discrimination Act 1975
34
Remuneration Tribunal Act 1973
36
Sex Discrimination Act 1984
36
Supported Accommodation Assistance Act 1994
38
Workplace Relations Act 1996
38
Div ision 2--Other amend ments
40
Fair Work Act 2008
40
Sex Discrimination Act 1984
41
Part 2--Other amendments
42
Disability Discrimination Act 1992
42
Human Rights and Equal Opportunity Commission Act 1986
42
Racial Discrimination Act 1975
48
Sex Discrimination Act 1984
49
Schedule 4--Other ame ndments
51
Racial Discrimination Act 1975
51
Sex Discrimination Act 1984
51
Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 No. ,
2008 1
A Bill for an Act to amend the Disability
1
Discrimination Act 1992 and other laws relating to
2
human rights, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Disability Discrimination and Other
6
Human Rights Legislation Amendment Act 2008.
7
2 Commence ment
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008
No. , 2008
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Schedule 1
The 28th day after the day on which this Act
receives the Royal Assent.
3. Schedule 2,
Part 1
The 28th day after the day on which this Act
receives the Royal Assent.
4. Schedule 2,
items 101 and 102
At the same time as Schedule 5 to the
Workplace Relations Amendment (Work
Choices) Act 2005.
27 March 2006
5. Schedule 2,
items 103 to 105
A single day to be fixed by Proclamation.
However, if any of the provision(s) do not
commence with in the period of 6 months
beginning on the day on which this Act
receives the Royal Assent, they commence
on the first day after the end of that period.
6. Schedule 2,
item 106
Immediately before the co mmencement of
Schedule 35 to the Workplace Relations
Amendment (Work Choices) (Consequential
Amendments) Regulations 2006 (No. 1).
7. Schedule 3,
Part 1, Division 1
The 28th day after the day on which this Act
receives the Royal Assent.
8. Schedule 3,
items 111 to 114
The later of:
(a) the start of the 28th day after the day on
which this Act receives the Royal
Assent; and
(b) immed iately after the commencement of
paragraph 135(1)(b) of the Fair Work
Act 2008.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b )
does not occur.
9. Schedule 3,
items 115 and 116
The later of:
(a) the start of the 28th day after the day on
which this Act receives the Royal
Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 No. ,
2008 3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
Assent; and
(b) immed iately after the commencement of
item 82 of Schedule 2 to the Same-Sex
Relationships (Equal Treatment in
Commonwealth Laws--General Law
Reform) Act 2008.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b )
does not occur.
10. Schedule 3,
Part 2
The 28th day after the day on which this Act
receives the Royal Assent.
11. Schedule 4
The 28th day after the day on which this Act
receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
(1) Each Act, and each set of regulations, that is specified in a
8
Schedule to this Act is amended or repealed as set out in the
9
applicable items in the Schedule concerned, and any other item in a
10
Schedule to this Act has effect according to its terms.
11
(2) The amendment of any regulation under subsection (1) does not
12
prevent the regulation, as so amended, from being amended or
13
repealed by the Governor-General.
14
15
Schedule 1 Age discrimination
4 Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008
No. , 2008
1
Schedule 1
--
Age discrimination
2
3
Age Discrimination Act 2004
4
1 Section 16
5
Repeal the section, substitute:
6
16 Act done because of age and for other reason
7
(1) This section applies if:
8
(a) an act is done for 2 or more reasons; and
9
(b) one of the reasons (whether or not it is the dominant or a
10
substantial reason) is:
11
(i) the age of a person; or
12
(ii) a characteristic that appertains generally to persons of
13
the age of a person; or
14
(iii) a characteristic that is generally imputed to persons of
15
the age of a person.
16
(2) For the purposes of this Act, the act referred to in paragraph (1)(a)
17
is taken to be done because of the age of the person.
18
2 Application
19
The amendment of section 16 of the Age Discrimination Act 2004 made
20
by this Schedule applies in relation to acts done after the
21
commencement of this Schedule.
22
3 Subsection 39(6)
23
Omit "section 49A of the Acts Interpretation Act 1901", substitute
24
"section 14 of the Legislative Instruments Act 2003".
25
26
Disability discrimination Schedule 2
Amend ments commencing 28 days after Royal Assent Part 1
Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 No. ,
2008 5
1
Schedule 2
--
Disability discrimination
2
Part 1
--
Amendments commencing 28 days after
3
Royal Assent
4
Disability Discrimination Act 1992
5
1 Subsection 4(1)
6
Insert:
7
assistance animal has the meaning given by subsection 9(2).
8
2 Subsection 4(1) (definition of auxiliary aid)
9
Repeal the definition.
10
3 Subsection 4(1)
11
Insert:
12
carer or assistant has the meaning given by subsection 9(1).
13
4 Subsection 4(1)
14
Insert:
15
Disabilities Convention means the Convention on the Rights of
16
Persons with Disabilities, done at New York on 30 March 2007, as
17
in force for Australia.
18
Note:
The text of the Convention is set out in Australian Treaty Series 2008
19
No. 12 ([2008] ATS 12). In 2008, the text of a Convention in the
20
Australian Treaty Series was accessible through the Australian
21
Treaties Library on the AustLII website (www.austlii.edu.au).
22
5 Subsection 4(1) (paragraph (j) of the definition of disability)
23
After "future", insert "(including because of a genetic predisposition to
24
that disability)".
25
6 Subsection 4(1) (at the end of the definition of disability)
26
Add:
27
Schedule 2 Disability discrimination
Part 1 A mend ments commencing 28 days after Royal Assent
6 Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008
No. , 2008
To avoid doubt, a disability that is otherwise covered by this
1
definition includes behaviour that is a symptom or manifestation of
2
the disability.
3
7 Subsection 4(1)
4
Insert:
5
disability aid has the meaning given by subsection 9(3).
6
8 Subsection 4(1) (definition of disability discrimination)
7
Repeal the definition.
8
9 Subsection 4(1)
9
Insert:
10
disability standards has the meaning given by subsection 31(1).
11
10 Subsection 4(1) (definition of discriminate)
12
Omit "sections 5 to 9 (inclusive)", substitute "sections 5 and 6".
13
11 Subsection 4(1) (at the end of the definition of
14
discriminate)
15
Add:
16
Note:
Section 7 (associates) and section 8 (carers, assistants, assistance
17
animals and disability aids) extend the concept of discrimination.
18
12 Subsection 4(1) (definition of institution of tertiary
19
education)
20
Repeal the definition.
21
13 Subsection 4(1)
22
Insert:
23
reasonable adjustment: an adjustment to be made by a person is a
24
reasonable adjustment unless making the adjustment would
25
impose an unjustifiable hardship on the person.
26
14 Subsection 4(1) (definition of technical and further
27
education institution)
28
Repeal the definition.
29
Disability discrimination Schedule 2
Amend ments commencing 28 days after Royal Assent Part 1
Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 No. ,
2008 7
15 Subsection 4(1) (definition of this Act)
1
Repeal the definition.
2
16 Subsection 4(1) (definition of unjustifiable hardship)
3
Repeal the definition, substitute:
4
unjustifiable hardship has a meaning affected by section 11.
5
17 Sections 5 to 9
6
Repeal the sections, substitute:
7
5 Direct disability discrimination
8
(1) For the purposes of this Act, a person (the discriminator)
9
discriminates against another person (the aggrieved person) on the
10
ground of a disability of the aggrieved person if, because of the
11
disability, the discriminator treats, or proposes to treat, the
12
aggrieved person less favourably than the discriminator would treat
13
a person without the disability in circumstances that are not
14
materially different.
15
(2) For the purposes of this Act, a person (the discriminator) also
16
discriminates against another person (the aggrieved person) on the
17
ground of a disability of the aggrieved person if:
18
(a) the discriminator does not make, or proposes not to make,
19
reasonable adjustments for the person; and
20
(b) the failure to make the reasonable adjustments has, or would
21
have, the effect that the aggrieved person is, because of the
22
disability, treated less favourably than a person without the
23
disability would be treated in circumstances that are not
24
materially different.
25
(3) For the purposes of this section, circumstances are not materially
26
different because of the fact that, because of the disability, the
27
aggrieved person requires adjustments.
28
6 Indirect disability discrimination
29
(1) For the purposes of this Act, a person (the discriminator)
30
discriminates against another person (the aggrieved person) on the
31
ground of a disability of the aggrieved person if:
32
Schedule 2 Disability discrimination
Part 1 A mend ments commencing 28 days after Royal Assent
8 Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008
No. , 2008
(a) the discriminator requires, or proposes to require, the
1
aggrieved person to comply with a requirement or condition;
2
and
3
(b) because of the disability, the aggrieved person does not or
4
would not comply, or is not able or would not be able to
5
comply, with the requirement or condition; and
6
(c) the requirement or condition has, or is likely to have, the
7
effect of disadvantaging persons with the disability.
8
(2) For the purposes of this Act, a person (the discriminator) also
9
discriminates against another person (the aggrieved person) on the
10
ground of a disability of the aggrieved person if:
11
(a) the discriminator requires, or proposes to require, the
12
aggrieved person to comply with a requirement or condition;
13
and
14
(b) because of the disability, the aggrieved person would
15
comply, or would be able to comply, with the requirement or
16
condition only if the discriminator made reasonable
17
adjustments for the person, but the discriminator does not do
18
so or proposes not to do so; and
19
(c) the failure to make reasonable adjustments has, or is likely to
20
have, the effect of disadvantaging persons with the disability.
21
(3) Subsection (1) or (2) does not apply if the requirement or condition
22
is reasonable, having regard to the circumstances of the case.
23
(4) For the purposes of subsection (3), the burden of proving that the
24
requirement or condition is reasonable, having regard to the
25
circumstances of the case, lies on the person who requires, or
26
proposes to require, the person with the disability to comply with
27
the requirement or condition.
28
7 Discrimination in relation to associates
29
(1) This Act applies in relation to a person who has an associate with a
30
disability in the same way as it applies in relation to a person with
31
the disability.
32
Example: It is unlawful, under section 15, for an employer to discriminate
33
against an employee on the ground of a disability of any of the
34
employee's associates.
35
Disability discrimination Schedule 2
Amend ments commencing 28 days after Royal Assent Part 1
Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 No. ,
2008 9
(2) For the purposes of subsection (1), but without limiting that
1
subsection, this Act has effect in relation to a person who has an
2
associate with a disability as if:
3
(a) each reference to something being done or needed because of
4
a disability were a reference to the thing being done or
5
needed because of the fact that the person has an associate
6
with the disability; and
7
(b) each other reference to a disability were a reference to the
8
disability of the associate.
9
(3) This section does not apply to section 53 or 54 (combat duties and
10
peacekeeping services) or subsection 54A(2) or (3) (assistance
11
animals).
12
Note:
The combined effect of sections 7 and 8 is that this Act applies in
13
relation to a person who has an associate who has a carer, assistant,
14
assistance animal or disability aid in the same way as it applies in
15
relation to a person with a disability.
16
8 Discrimination in relation to care rs, assistants, assistance animals
17
and disability aids
18
(1) This Act applies in relation to having a carer, assistant, assistance
19
animal or disability aid in the same way as it applies in relation to
20
having a disability.
21
Example: For the purposes of section 5 (direct discrimination), circumstances
22
are not materially different because of the fact that a person with a
23
disability requires adjustments for the person's carer, assistant,
24
assistance animal or disability aid (see subsection 5(3)).
25
(2) For the purposes of subsection (1), but without limiting that
26
subsection, this Act has effect in relation to a person with a
27
disability who has a carer, assistant, assistance animal or disability
28
aid as if:
29
(a) each reference to something being done or needed because of
30
a disability were a reference to the thing being done or
31
needed because of the fact that the person has the carer,
32
assistant, animal or aid; and
33
(b) each other reference to a disability were a reference to the
34
carer, assistant, animal or aid.
35
(3) This section does not apply to section 48 (infectious diseases) or
36
section 54A (exemptions in relation to assistance animals).
37
Schedule 2 Disability discrimination
Part 1 A mend ments commencing 28 days after Royal Assent
10 Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008
No. , 2008
Note:
The combined effect of sections 7 and 8 is that this Act applies in
1
relation to a person who has an associate who has a carer, assistant,
2
assistance animal or disability aid in the same way as it applies in
3
relation to a person with a disability.
4
9 Carer, assistant, assistance animal and disability aid definitions
5
Meanings of carer or assistant, assistance animal and disability
6
aid
7
(1) For the purposes of this Act, a carer or assistant, in relation to a
8
person with a disability, is one of the following who provides
9
assistance or services to the person because of the disability:
10
(a) a carer;
11
(b) an assistant;
12
(c) an interpreter;
13
(d) a reader.
14
(2) For the purposes of this Act, an assistance animal is a dog or other
15
animal:
16
(a) accredited under a law of a State or Territory that provides
17
for the accreditation of animals trained to assist a persons
18
with a disability to alleviate the effect of the disability; or
19
(b) accredited by an animal training organisation prescribed by
20
the regulations for the purposes of this paragraph; or
21
(c) trained:
22
(i) to assist a person with a disability to alleviate the effect
23
of the disability; and
24
(ii) to meet standards of hygiene and behaviour that are
25
appropriate for an animal in a public place.
26
Note:
For exemptions from Part 2 for discrimination in relation to assistance
27
animals, see section 54A.
28
(3) For the purposes of this Act, a disability aid, in relation to a person
29
with a disability, is equipment (including a palliative or therapeutic
30
device) that:
31
(a) is used by the person; and
32
(b) provides assistance to alleviate the effect of the disability.
33
Having a carer, assistant, assistance animal or disability aid
34
(4) The following table has effect:
35
Disability discrimination Schedule 2
Amend ments commencing 28 days after Royal Assent Part 1
Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 No. ,
2008 11
1
Having a carer, assistant, assistance animal or disability aid
Item
For the purposes of
this Act, a person with
a disability has ...
if the person ...
1
a carer or assistant
(a) is presently accompanied by the carer or
assistant; or
(b) was previously accompanied by the carer or
assistant; or
(c) may be acco mpanied by the carer or assistant
in the future; or
(d) is imputed to be accompanied by the carer or
assistant.
2
an assistance animal or
disability aid
(a) is presently accompanied by, or possesses,
the animal or aid; or
(b) was previously accompanied by, or
possessed, the animal or aid; or
(c) may be acco mpanied by, or possess, the
animal or aid in the future; or
(d) is imputed to be accompanied by, or to
possess, the animal or aid.
18 Section 11
2
Repeal the section, substitute:
3
11 Unjustifiable hardship
4
(1) For the purposes of this Act, in determining whether a hardship
5
that would be imposed on a person (the first person) would be an
6
unjustifiable hardship, all relevant circumstances of the particular
7
case must be taken into account, including the following:
8
(a) the nature of the benefit or detriment likely to accrue to, or to
9
be suffered by, any person concerned;
10
(b) the effect of the disability of any person concerned;
11
(c) the financial circumstances, and the estimated amount of
12
expenditure required to be made, by the first person;
13
(d) the availability of financial and other assistance to the first
14
person;
15
(e) any relevant action plans given to the Commission under
16
section 64.
17
Schedule 2 Disability discrimination
Part 1 A mend ments commencing 28 days after Royal Assent
12 Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008
No. , 2008
Example: One of the circumstances covered by paragraph (1)(a) is the nature of
1
the benefit or detriment likely to accrue to, or to be suffered by, the
2
community.
3
(2) For the purposes of this Act, the burden of proving that something
4
would impose unjustifiable hardship lies on the person claiming
5
unjustifiable hardship.
6
19 Subsection 12(1) (definition of limited application
7
provisions)
8
After "Divisions 1, 2", insert ", 2A".
9
20 After paragraph 12(8)(b)
10
Insert:
11
(ba) give effect to the Disabilities Convention; or
12
21 After subsection 13(3)
13
Insert:
14
(3A) Subsection (3) does not apply in relation to Division 2A of Part 2
15
(Disability standards).
16
22 Paragraphs 13(4)(a) and (5)(a)
17
After "this Act", insert "(including a matter dealt with by a disability
18
standard)".
19
23 Subsection 15(1)
20
Omit "or a disability of any of that other person's associates".
21
24 Subsection 15(2)
22
Omit "or a disability of any of that employee's associates".
23
25 Subsection 15(4)
24
Repeal the subsection.
25
26 Subsection 16(1)
26
Omit "or a disability of any of that person's associates".
27
27 Subsection 16(2)
28
Omit "or a disability of any of the person's associates".
29
Disability discrimination Schedule 2
Amend ments commencing 28 days after Royal Assent Part 1
Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 No. ,
2008 13
28 Subsection 16(3)
1
Repeal the subsection.
2
29 Subsection 17(1)
3
Omit "(1)".
4
30 Subsection 17(1)
5
Omit "or a disability of any of the contract worker's associates".
6
31 Subsection 17(2)
7
Repeal the subsection.
8
32 Subsections 18(1), (2) and (3)
9
Omit "or a disability of any of the other person's associates".
10
33 Subsection 18(4)
11
Repeal the subsection.
12
34 Subsection 19(1)
13
Omit "(1)".
14
35 Subsection 19(1)
15
Omit "or a disability of any of the person's associates".
16
36 Subsection 19(2)
17
Repeal the subsection.
18
37 Subsection 20(1)
19
Omit "or a disability of any of the person's associates".
20
38 Subsection 20(2)
21
Omit "or a disability of any of the member's associates".
22
39 Subsection 21(1)
23
Omit "or a disability of any of the person's associates".
24
40 Subsection 21(2)
25
Repeal the subsection, substitute:
26
Schedule 2 Disability discrimination
Part 1 A mend ments commencing 28 days after Royal Assent
14 Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008
No. , 2008
(2) This Part does not require an employment agency to ensure that an
1
employer complies with this Act.
2
(3) Subsection (2) does not affect the operation of section 122 (which
3
applies if an employment agency causes, instructs, induces, aids or
4
permits an employer to do an unlawful act).
5
41 At the end of Division 1 of Part 2
6
Add:
7
21A Exception--inhe rent require ments
8
Inherent requirements
9
(1) This Division does not render it unlawful for a person (the
10
discriminator) to discriminate against another person (the
11
aggrieved person) on the ground of a disability of the aggrieved
12
person if:
13
(a) the discrimination relates to particular work (including
14
promotion or transfer to particular work); and
15
(b) because of the disability, the aggrieved person would be
16
unable to carry out the inherent requirements of the particular
17
work, even if the relevant employer, principal or partnership
18
made reasonable adjustments for the aggrieved person.
19
(2) For the purposes of paragraph (1)(b), the following factors are to
20
be taken into account in determining whether the aggrieved person
21
would be able to carry out the inherent requirements of the
22
particular work:
23
(a) the aggrieved person's past training, qualifications and
24
experience relevant to the particular work;
25
(b) if the aggrieved person already works for the discriminator--
26
the aggrieved person's performance in working for the
27
discriminator;
28
(c) any other factor that it is reasonable to take into account.
29
(3) For the purposes of this section, the aggrieved person works for
30
another person if:
31
(a) the other person employs the aggrieved person; or
32
(b) the other person engages the aggrieved person as a
33
commission agent; or
34
Disability discrimination Schedule 2
Amend ments commencing 28 days after Royal Assent Part 1
Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 No. ,
2008 15
(c) the aggrieved person works for the other person as a contract
1
worker; or
2
(d) the other person and the aggrieved person are members of a
3
partnership; or
4
(e) both of the following apply:
5
(i) the other person is an authority or body that is
6
empowered to confer, renew, extend, revoke or
7
withdraw an authorisation or qualification that is needed
8
for or facilitates the practice of a profession, the
9
carrying on of a trade or the engaging in of an
10
occupation;
11
(ii) the aggrieved person is a member of that profession,
12
carrying on that trade or engaged in that occupation.
13
Opportunities for promotion, transfer and training and registered
14
organisations
15
(4) This section does not apply in relation to:
16
(a) discrimination referred to in paragraph 15(2)(b) or (d),
17
16(2)(b) or (d), 17(1)(c) or (d) or 18(3)(c), other than
18
discrimination in determining who should be offered
19
promotion or transfer; or
20
(b) discrimination referred to in section 20 (registered
21
organisations under the Workplace Relations Act 1996).
22
21B Exception--unjustifiable hardship
23
This Division does not render it unlawful for a person (the
24
discriminator) to discriminate against another person on the
25
ground of a disability of the other person if avoiding the
26
discrimination would impose an unjustifiable hardship on the
27
discriminator.
28
42 Subsection 22(1)
29
Omit "or a disability of any of the other person's associates".
30
43 Subsection 22(2)
31
Omit "or a disability of any of the student's associates".
32
44 Subsection 22(2A)
33
Omit "or a disability of any of the person's associates".
34
Schedule 2 Disability discrimination
Part 1 A mend ments commencing 28 days after Royal Assent
16 Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008
No. , 2008
45 Subsection 22(4)
1
Repeal the subsection.
2
46 Subsection 23(1)
3
Omit "(1)".
4
47 Subsection 23(1)
5
Omit "or a disability of any of that other person's associates".
6
48 Subsection 23(2)
7
Repeal the subsection.
8
49 Subsection 24(1)
9
Omit "(1)".
10
50 Subsection 24(1)
11
Omit "or a disability of any of that other person's associates".
12
51 Subsection 24(2)
13
Repeal the subsection.
14
52 Subsection 25(1)
15
Omit "or a disability of any of that other person's associates".
16
53 Subsection 25(2)
17
Omit "or a disability of any of the other person's associates".
18
54 Paragraphs 25(3)(b) and (c)
19
Repeal the paragraphs, substitute:
20
(b) the provision of accommodation if:
21
(i) the accommodation is provided by a charitable or other
22
voluntary body solely for persons who have a particular
23
disability; and
24
(ii) the person discriminated against does not have that
25
particular disability.
26
55 Subsections 26(1) and 27(1)
27
Omit "or a disability of any of that person's associates".
28
Disability discrimination Schedule 2
Amend ments commencing 28 days after Royal Assent Part 1
Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 No. ,
2008 17
56 Subsection 27(2)
1
Omit "or a disability of any of the member's associates".
2
57 Subsection 27(3)
3
Repeal the subsection.
4
58 Subsection 28(1)
5
Omit "or a disability of any of the other person's associates".
6
59 Section 29
7
Omit ", or a disability of any of the other person's associates".
8
60 Section 30
9
Repeal the section, substitute:
10
29A Unjustifiable hardship
11
This Division (other than section 30) does not render it unlawful
12
for a person (the discriminator) to discriminate against another
13
person on the ground of a disability of the other person if avoiding
14
the discrimination would impose an unjustifiable hardship on the
15
discriminator.
16
30 Requests for information
17
(1) This section applies in relation to a person (the first person) if,
18
under Division 1 or this Division, it would be unlawful for the first
19
person, in doing a particular act, to discriminate against another
20
person on the ground of a disability of the other person.
21
(2) It is unlawful for the first person to request or require the other
22
person to provide information (whether by completing a form or
23
otherwise) if:
24
(a) the first person requests or requires the information in
25
connection with, or for the purposes of, doing the act referred
26
to in subsection (1); and
27
(b) either or both of the following applies:
28
(i) persons who do not have the disability would not be
29
requested or required to provide the information in
30
circumstances that are not materially different;
31
Schedule 2 Disability discrimination
Part 1 A mend ments commencing 28 days after Royal Assent
18 Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008
No. , 2008
(ii) the information relates to the disability.
1
(3) Subsection (2) does not apply if:
2
(a) evidence is produced to the effect that the first person did not
3
request or require the information for the purpose of
4
unlawfully discriminating against the other person on the
5
ground of the disability; and
6
(b) the evidence is not rebutted.
7
Example: An employer may not require a prospective employee to provide
8
genetic information if the employer intends to use that information to
9
unlawfully discriminate against the employee on the ground of a
10
disability of the employee.
11
However, the employer may require such information in order to
12
determine if the prospective employee would be able to carry out the
13
inherent requirements of the employment or to determine what
14
reasonable adjustments to make for the employee.
15
(4) This section has effect subject to subsection 54A(5) (evidence that
16
an animal is an assistance animal).
17
61 Before section 31
18
Insert:
19
Division 2A--Disability standards
20
62 Section 31
21
Repeal the section, substitute:
22
31 Disability standards
23
(1) The Minister may, by legislative instrument, formulate standards,
24
to be known as disability standards, in relation to any area in
25
which it is unlawful under this Part for a person to discriminate
26
against another person on the ground of a disability of the other
27
person.
28
(2) Without limiting subsection (1), a disability standard may:
29
(a) deal with the following:
30
(i) reasonable adjustments;
31
(ii) strategies and programs to prevent harassment or
32
victimisation of persons with a disability;
33
(iii) unjustifiable hardship;
34
Disability discrimination Schedule 2
Amend ments commencing 28 days after Royal Assent Part 1
Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 No. ,
2008 19
(iv) exemptions from the disability standard, including the
1
power (if any) of the Commission to grant such
2
exemptions; or
3
(b) provide that the disability standard, in whole or in part, is or
4
is not intended to affect the operation of a law of a State or
5
Territory.
6
(3) Before making a disability standard, the Minister must take into
7
consideration any comments made to the Minister by a Minister of
8
a State or Territory who is responsible for matters relating to
9
disability discrimination.
10
(4) A legislative instrument made under this section does not take
11
effect before the end of the period in which it could be disallowed
12
in either House of the Parliament.
13
63 Saving
--
disability standards
14
(1)
This item applies in relation to a disability standard:
15
(a) made under section 31 of the Disability Discrimination Act
16
1992; and
17
(b) in force immediately before the commencement of this Part.
18
(2)
The disability standard has effect, from the commencement of this Part,
19
as if it had been made under that section as amended by this Part.
20
64 Section 34
21
After "this Part", insert "(other than this Division)".
22
65 Sections 36, 38 and 40
23
Repeal the sections.
24
66 Paragraph 43(a)
25
Omit "Divisions 1, 2", substitute "Division 1, 2, 2A".
26
67 Subsection 44(1)
27
After "Division 1, 2", insert ", 2A".
28
68 Subsection 44(1) (penalty)
29
Omit "$1,000", substitute "10 penalty units".
30
Schedule 2 Disability discrimination
Part 1 A mend ments commencing 28 days after Royal Assent
20 Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008
No. , 2008
69 Section 45
1
Before "This Part", insert "(1)".
2
70 Subparagraph 45(b)(i)
3
Omit "and", substitute "or".
4
71 At the end of section 45
5
Add:
6
(2) However, subsection (1) does not apply:
7
(a) in relation to discrimination in implementing a measure
8
referred to in that subsection if the discrimination is not
9
necessary for implementing the measure; or
10
(b) in relation to the rates of salary or wages paid to persons with
11
disabilities.
12
Note:
For discrimination in relation to the rates of salary or wages p aid to
13
persons with disabilities, see paragraphs 47(1)(c) and (d).
14
72 Subsection 47(3)
15
Repeal the subsection.
16
73 At the end of section 48
17
Add:
18
Note:
For discrimination in relation to an assistance animal that has an
19
infectious disease, see subsection 54A(4).
20
74 Section 50
21
Repeal the section.
22
75 Section 52
23
Repeal the section, substitute:
24
52 Migration
25
Divisions 1, 2 and 2A do not:
26
(a) affect discriminatory provisions in:
27
(i) the Migration Act 1958; or
28
(ii) a legislative instrument made under that Act; or
29
Disability discrimination Schedule 2
Amend ments commencing 28 days after Royal Assent Part 1
Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 No. ,
2008 21
(b) render unlawful anything that is permitted or required to be
1
done by that Act or instrument.
2
76 After section 54
3
Insert:
4
54A Assistance animals
5
(1) This section applies in relation to a person with a disability who
6
has an assistance animal.
7
Note:
For when a person with a disability has an assistance animal, see
8
subsections 9(2) and (4).
9
(2) This Part does not render it unlawful for a person to request or to
10
require that the assistance animal remain under the control of:
11
(a) the person with the disability; or
12
(b) another person on behalf of the person with the disability.
13
(3) For the purposes of subsection (2), an assistance animal may be
14
under the control of a person even if it is not under the person's
15
direct physical control.
16
(4) This Part does not render it unlawful for a person (the
17
discriminator) to discriminate against the person with the disability
18
on the ground of the disability, if:
19
(a) the discriminator reasonably suspects that the assistance
20
animal has an infectious disease; and
21
(b) the discrimination is reasonably necessary to protect public
22
health or the health of other animals.
23
(5) This Part does not render it unlawful for a person to request the
24
person with the disability to produce evidence that:
25
(a) the animal is an assistance animal; or
26
(b) the animal is trained to meet standards of hygiene and
27
behaviour that are appropriate for an animal in a public place.
28
(6) This Part does not render it unlawful for a person (the
29
discriminator) to discriminate against the person with the disability
30
on the ground that the person with the disability has the assistance
31
animal, if:
32
Schedule 2 Disability discrimination
Part 1 A mend ments commencing 28 days after Royal Assent
22 Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008
No. , 2008
(a) the discriminator requests or requires the person with the
1
disability to produce evidence referred to in subsection (5);
2
and
3
(b) the person with the disability neither:
4
(i) produces evidence that the animal is an assistance
5
animal; nor
6
(ii) produces evidence that the animal is trained to meet
7
standards of hygiene and behaviour that are appropriate
8
for an animal in a public place.
9
(7) This Part does not affect the liability of a person for damage to
10
property caused by an assistance animal.
11
77 Subsection 55(1)
12
Omit "(other than section 31 or 32)".
13
78 Subsection 55(1B)
14
Omit "covered by paragraph 31(1)(d)".
15
79 Section 58
16
Omit "Division 1 or 2", substitute "Division 1, 2 or 2A".
17
80 Section 59
18
Repeal the section, substitute:
19
59 Scope
20
This Part applies in relation to a person (the action planner) who,
21
under Part 2, is prohibited from discriminating against another
22
person on the ground of a disability of the other person.
23
81 Section 60
24
Omit "A service provider", substitute "The action planner".
25
82 Section 61
26
Omit "of a service provider".
27
83 Paragraphs 61(b), (c) and (f)
28
Omit "service provider", substitute "action planner".
29
Disability discrimination Schedule 2
Amend ments commencing 28 days after Royal Assent Part 1
Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 No. ,
2008 23
84 Section 62
1
Omit "of a service provider".
2
85 Sections 63, 64 and 65
3
Repeal the sections, substitute:
4
63 Amendment of action plans
5
The action planner may, at any time, amend the action plan.
6
64 Action plans may be given to Commission
7
(1) The action planner may give a copy of the action plan, or of any
8
amendments to the action plan, to the Commission.
9
(2) If the action planner does so, the Commission must make the copy
10
available to the public.
11
86 Saving
--
action plans
12
(1)
This item applies in relation to an action plan:
13
(a) given to the Commission under section 64 of the Disability
14
Discrimination Act 1992; and
15
(b) in force immediately before the commencement of this Part.
16
(2)
The action plan has effect, from the commencement of this Part, as if it
17
had been given to the Commission under that section as amended by
18
this Part.
19
87 Subsection 67(2)
20
Omit "section 45", substitute "subsection 45(1) (special measures)".
21
88 Subsection 107(1) (penalty)
22
Omit "$1,000", substitute "10 penalty units".
23
89 Section 122
24
After "Division 1, 2", insert ", 2A".
25
90 Subsection 132(2)
26
Omit "31 or".
27
Schedule 2 Disability discrimination
Part 1 A mend ments commencing 28 days after Royal Assent
24 Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008
No. , 2008
Human Rights and Equal Opportunity Commission Act 1986
1
91 Paragraph 11(1)(a)
2
After "Age Discrimination Act 2004,", insert "the Disability
3
Discrimination Act 1992,".
4
92 At the end of paragraphs 11(1)(a) to (n)
5
Add "and".
6
Inspector-General of Intelligence and Security Act 1986
7
93 At the end of subparagraphs 8(1)(a)(i), (ii) and (iii)
8
Add "or".
9
94 Subparagraph 8(1)(a)(v)
10
After "the Age Discrimination Act 2004,", insert "the Disability
11
Discrimination Act 1992,".
12
95 At the end of paragraphs 8(1)(a) and (b)
13
Add "and".
14
96 At the end of subparagraphs 8(2)(a)(i) and (ii)
15
Add "or".
16
97 Subparagraph 8(2)(a)(iv)
17
After "the Age Discrimination Act 2004,", insert "the Disability
18
Discrimination Act 1992,".
19
98 At the end of paragraph 8(2)(a)
20
Add "and".
21
99 At the end of subparagraph 8(3)(a)(i)
22
Add "or".
23
100 Subparagraph 8(3)(b)(i)
24
After "the Age Discrimination Act 2004,", insert "the Disability
25
Discrimination Act 1992,".
26
27
Disability discrimination Schedule 2
Other amend ments Part 2
Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 No. ,
2008 25
1
Part 2
--
Other amendments
2
Disability Discrimination Act 1992
3
101 Paragraph 47(1)(c)
4
Repeal the paragraph, substitute:
5
(c) any of the following instruments (an industrial instrument)
6
within the meaning given by the Workplace Relations Act
7
1996:
8
(i) an award or a variation or order affecting an award;
9
(ii) a transitional award or a variation or order affecting a
10
transitional award;
11
(iii) a pre-reform certified agreement;
12
(iv) a notional agreement preserving State awards;
13
to the extent to which the industrial instrument has specific
14
provisions relating to the payment of rates of salary or wages
15
to persons, in circumstances in which:
16
(v) if the persons were not in receipt of the salary or wages,
17
they would be eligible for a disability support pension;
18
and
19
(vi) the salary or wages payable to each person are
20
determined by reference to the capacity of that person;
21
or
22
(d) an order, award or determination of a court or tribunal having
23
power to fix minimum wages, to the extent to which the
24
order, award or determination has specific provisions relating
25
to the payment of rates of salary or wages to persons, in
26
circumstances in which:
27
(i) if the persons were not in receipt of the salary or wages,
28
they would be eligible for a disability support pension;
29
and
30
(ii) the salary or wages payable to each person are
31
determined by reference to the capacity of that person.
32
102 At the end of subsection 47(1)
33
Add:
34
Schedule 2 Disability discrimination
Part 2 Other amendments
26 Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008
No. , 2008
Note:
A person does not comply with an industrial instrument for the
1
purpose of subsection (1) if that person purports to comply with a
2
provision of that instrument that is void (for example, a term of a
3
pre-reform certified agreement is void to the extent that it contains
4
prohibited content prescribed for section 356 of the Workplace
5
Relations Act 1996 (see section 358 of that Act)). Accordingly, the
6
exemption under this subsection for acting in direct compliance with
7
such an instrument would not apply in such circumstances.
8
103 Subsections 55(1A) to (1D)
9
Repeal the subsections.
10
104 Subsections 55(2) and (3)
11
Omit "or (1A)".
12
105 Section 58
13
Omit "Division 1, 2 or 2A", substitute "Division 1 or 2".
14
Workplace Relations Amendment (Work Choices)
15
(Consequential Amendments) Regulations 2006
16
(No. 1)
17
106 Item 3 of Schedule 35
18
Repeal the item.
19
20
Australian Hu man Rights Co mmission Schedule 3
Name of the Co mmission Part 1
Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 No. ,
2008 27
1
Schedule 3
--
Australian Human Rights
2
Commission
3
Part 1
--
Name of the Commission
4
Division 1
--
Amendments commencing 28 days after
5
Royal Assent
6
Age Discrimination Act 2004
7
1 Section 4
8
Omit "Human Rights and Equal Opportunity Commission Act 1986",
9
substitute "Australian Human Rights Commission Act 1986".
10
2 Section 5 (definition of Commission)
11
Repeal the definition, substitute:
12
Commission means the Australian Human Rights Commission.
13
3 Paragraphs 10(7)(a) and (b)
14
Omit "Human Rights and Equal Opportunity Commission Act 1986",
15
substitute "Australian Human Rights Commission Act 1986".
16
4 Subsection 12(4)
17
Omit "Human Rights and Equal Opportunity Commission Act 1986"
18
(wherever occurring), substitute "Australian Human Rights Commission
19
Act 1986".
20
5 Subsection 50(1) (note)
21
Omit "Human Rights and Equal Opportunity Commission Act 1986",
22
substitute "Australian Human Rights Commission Act 1986".
23
6 Subparagraphs 51(1)(e)(i) to (vi)
24
Omit "Human Rights and Equal Opportunity Commission Act 1986",
25
substitute "Australian Human Rights Commission Act 1986".
26
7 Subsection 51(1) (note)
27
Schedule 3 Australian Hu man Rights Commission
Part 1 Name of the Co mmission
28 Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008
No. , 2008
Omit "Human Rights and Equal Opportunity Commission Act 1986",
1
substitute "Australian Human Rights Commission Act 1986".
2
8 Subsection 51(2) (note)
3
Omit "Human Rights and Equal Opportunity Commission Act 1986",
4
substitute "Australian Human Rights Commission Act 1986".
5
9 Part 6 (heading)
6
Repeal the heading, substitute:
7
Part 6--Functions of the Australian Human Rights
8
Commission
9
10 Subsection 53(1) (note)
10
Omit "Human Rights and Equal Opportunity Commission Act 1986",
11
substitute "Australian Human Rights Commission Act 1986".
12
11 Subsection 53(2) (definition of enactment)
13
Omit "Human Rights and Equal Opportunity Commission Act 1986",
14
substitute "Australian Human Rights Commission Act 1986".
15
12 Subsection 53(2) (definition of proposed enactment)
16
Omit "Human Rights and Equal Opportunity Commission Act 1986",
17
substitute "Australian Human Rights Commission Act 1986".
18
13 Paragraph 60(3)(b)
19
Omit "Human Rights and Equal Opportunity Commission Act 1986",
20
substitute "Australian Human Rights Commission Act 1986".
21
Australian Crime Commission Act 2002
22
14 Subsection 19A(8) (definition of prescribed agency)
23
Omit "Human Rights and Equal Opportunity Commission", substitute
24
"Australian Human Rights Commission".
25
Civil Aviation Act 1988
26
15 Subsection 98(6C)
27
Australian Hu man Rights Co mmission Schedule 3
Name of the Co mmission Part 1
Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 No. ,
2008 29
Omit "Human Rights and Equal Opportunity Commission", substitute
1
"Australian Human Rights Commission".
2
Commonwealth Electoral Act 1918
3
16 Subsection 7A(1F) (note)
4
Omit "Human Rights and Equal Opportunity Commission Act 1986",
5
substitute "Australian Human Rights Commission Act 1986".
6
Crimes (Torture) Act 1988
7
17 Subsection 3(1) (definition of act of torture)
8
Omit "Human Rights and Equal Opportunity Commission Act 1986",
9
substitute "Australian Human Rights Commission Act 1986".
10
Criminal Code Act 1995
11
18 Dictionary in the Criminal Code (definition of Covenant)
12
Omit "Human Rights and Equal Opportunity Commission Act 1986",
13
substitute "Australian Human Rights Commission Act 1986".
14
Defence Act 1903
15
19 Subsection 58HA(1)
16
Omit "Human Rights and Equal Opportunity Commission Act 1986",
17
substitute "Australian Human Rights Commission Act 1986".
18
20 Paragraph 58HB(1)(a)
19
Omit "Human Rights and Equal Opportunity Commission Act 1986",
20
substitute "Australian Human Rights Commission Act 1986".
21
21 Subsection 58HB(2) (paragraph (a) of the definition of
22
discriminatory determination)
23
Omit "Human Rights and Equal Opportunity Commission Act 1986",
24
substitute "Australian Human Rights Commission Act 1986".
25
Disability Discrimination Act 1992
26
Schedule 3 Australian Hu man Rights Commission
Part 1 Name of the Co mmission
30 Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008
No. , 2008
22 Subsection 4(1) (definition of Commission)
1
Repeal the definition, substitute:
2
Commission means the Australian Human Rights Commission.
3
23 Subsection 4(1) (definition of Convention)
4
Omit "Human Rights and Equal Opportunity Commission Act 1986",
5
substitute "Australian Human Rights Commission Act 1986".
6
24 Subsection 4(1) (definition of Covenant on Civil and
7
Political Rights)
8
Omit "Human Rights and Equal Opportunity Commission Act 1986",
9
substitute "Australian Human Rights Commission Act 1986".
10
25 Subsection 4(1) (definition of enactment)
11
Omit "Human Rights and Equal Opportunity Commission Act 1986",
12
substitute "Australian Human Rights Commission Act 1986".
13
26 Subsection 4(1) (definition of proposed enactment)
14
Omit "Human Rights and Equal Opportunity Commission Act 1986",
15
substitute "Australian Human Rights Commission Act 1986".
16
27 Subsection 13(4)
17
Omit "Human Rights and Equal Opportunity Commission Act 1986"
18
(wherever occurring), substitute "Australian Human Rights Commission
19
Act 1986".
20
28 Paragraphs 42(2)(a) to (f)
21
Omit "Human Rights and Equal Opportunity Commission Act 1986",
22
substitute "Australian Human Rights Commission Act 1986".
23
29 Part 4 (heading)
24
Repeal the heading, substitute:
25
Part 4--Functions of the Australian Human Rights
26
Commission
27
30 Subsection 67(1) (note)
28
Australian Hu man Rights Co mmission Schedule 3
Name of the Co mmission Part 1
Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 No. ,
2008 31
Omit "Human Rights and Equal Opportunity Commission Act 1986",
1
substitute "Australian Human Rights Commission Act 1986".
2
Note:
The heading to section 67 is replaced by the heading "Functions of the Commission".
3
31 Paragraph 127(3)(b)
4
Omit "Human Rights and Equal Opportunity Commission Act 1986",
5
substitute "Australian Human Rights Commission Act 1986".
6
Evidence Act 1995
7
32 Subsection 138(3) (note)
8
Omit "Human Rights and Equal Opportunity Commission Act 1986",
9
substitute "Australian Human Rights Commission Act 1986".
10
Housing Assistance Act 1996
11
33 Preamble
12
Omit "Human Rights and Equal Opportunity Commission Act 1986",
13
substitute "Australian Human Rights Commission Act 1986".
14
Human Rights and Equal Opportunity Commission Act 1986
15
34 Title
16
Omit "Human Rights and Equal Opportunity Commission",
17
substitute "Australian Human Rights Commission".
18
35 Section 1
19
Omit "Human Rights and Equal Opportunity Commission Act 1986",
20
substitute "Australian Human Rights Commission Act 1986".
21
Note:
This item amends the short title of the Act. If another amendment of the Act is
22
described by reference to the Act's previous short title, that other amendment has effect
23
after the commencement of this item as an amendment of the Act under its amended
24
short title (see section 10 of the Acts Interpretation Act 1901).
25
36 Subsection 3(1) (definition of Commission)
26
Omit "Human Rights and Equal Opportunity Commission", substitute
27
"Australian Human Rights Commission".
28
37 Part II (heading)
29
Schedule 3 Australian Hu man Rights Commission
Part 1 Name of the Co mmission
32 Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008
No. , 2008
Repeal the heading, substitute:
1
Part II--Australian Human Rights Commission
2
38 Subsection 7(1)
3
Omit "Human Rights and Equal Opportunity Commission", substitute
4
"Australian Human Rights Commission".
5
Note:
The heading to section 7 is replaced by the heading "Australian Human Rights
6
Commission".
7
Human Rights (Sexual Conduct) Act 1994
8
39 Subsection 4(1) (note)
9
Omit "Human Rights and Equal Opportunity Commission Act 1986",
10
substitute "Australian Human Rights Commission Act 1986".
11
Inspector-General of Intelligence and Security Act 1986
12
40 Subsection 3(1) (definition of discrimination)
13
Omit "Human Rights and Equal Opportunity Commission Act 1986",
14
substitute "Australian Human Rights Commission Act 1986".
15
41 Subsection 3(1) (definition of human rights)
16
Omit "Human Rights and Equal Opportunity Commission Act 1986",
17
substitute "Australian Human Rights Commission Act 1986".
18
42 Subparagraphs 8(1)(a)(v), (2)(a)(iv) and (3)(b)(i)
19
Omit "Human Rights and Equal Opportunity Commission", substitute
20
"Australian Human Rights Commission".
21
Migration Act 1958
22
43 Paragraph 193(3)(a)
23
Omit "Human Rights and Equal Opportunity Commission", substitute
24
"Australian Human Rights Commission".
25
44 Paragraph 193(3)(a)
26
Australian Hu man Rights Co mmission Schedule 3
Name of the Co mmission Part 1
Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 No. ,
2008 33
Omit "Human Rights and Equal Opportunity Commission Act 1986",
1
substitute "Australian Human Rights Commission Act 1986".
2
Native Title Act 1993
3
45 Preamble
4
Omit "Human Rights and Equal Opportunity Commission Act 1986",
5
substitute "Australian Human Rights Commission Act 1986".
6
46 Subsection 209(1)
7
Omit "Human Rights and Equal Opportunity Commission Act 1986",
8
substitute "Australian Human Rights Commission Act 1986".
9
Privacy Act 1988
10
47 Preamble
11
Omit "Human Rights and Equal Opportunity Commission Act 1986",
12
substitute "Australian Human Rights Commission Act 1986".
13
48 Subsection 50(1)
14
Insert:
15
Australian Human Rights Commission includes a person
16
performing functions of that Commission.
17
49 Subsection 50(1) (definition of Human Rights and Equal
18
Opportunity Commission)
19
Repeal the definition.
20
50 Subparagraph 50(2)(a)(i)
21
Omit "Human Rights and Equal Opportunity Commission", substitute
22
"Australian Human Rights Commission".
23
51 Subparagraph 50(2)(a)(i)
24
Omit "Human Rights and Equal Opportunity Commission Act 1986",
25
substitute "Australian Human Rights Commission Act 1986".
26
52 Subsection 50(2)
27
Schedule 3 Australian Hu man Rights Commission
Part 1 Name of the Co mmission
34 Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008
No. , 2008
Omit "by the Human Rights and Equal Opportunity Commission",
1
substitute "by the Australian Human Rights Commission".
2
53 Paragraph 50(2)(c)
3
Omit "Human Rights and Equal Opportunity Commission", substitute
4
"Australian Human Rights Commission".
5
54 At the end of paragraph 50(2)(c)
6
Add "and".
7
55 Paragraph 50(2)(e)
8
Omit "Human Rights and Equal Opportunity Commission", substitute
9
"Australian Human Rights Commission".
10
56 Subparagraph 50(3)(a)(i)
11
Omit "Human Rights and Equal Opportunity Commission", substitute
12
"Australian Human Rights Commission".
13
57 Subparagraph 50(3)(a)(i)
14
Omit "Human Rights and Equal Opportunity Commission Act 1986",
15
substitute "Australian Human Rights Commission Act 1986".
16
Privacy Amendment (Office of the Privacy Commissioner)
17
Act 2000
18
58 Clause 15 of Schedule 1 (note)
19
After "Note", insert "1".
20
59 At the end of clause 15 of Schedule 1
21
Add:
22
Note 2: The Human Rights and Equal Opportunity Act 1986 has been renamed the Australian
23
Human Rights Commission Act 1986. See Part 1 of Schedule 3 to the Disability
24
Discrimination and Other Human Rights Legislation Amendment Act 2008.
25
Racial Discrimination Act 1975
26
60 Subsection 3(1) (definition of Commission)
27
Repeal the definition, substitute:
28
Australian Hu man Rights Co mmission Schedule 3
Name of the Co mmission Part 1
Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 No. ,
2008 35
Commission means the Australian Human Rights Commission.
1
61 Subsection 6A(2)
2
Omit "Human Rights and Equal Opportunity Commission Act 1986"
3
(wherever occurring), substitute "Australian Human Rights Commission
4
Act 1986".
5
62 Subsection 18C(1) (note)
6
Omit "Human Rights and Equal Opportunity Commission Act 1986",
7
substitute "Australian Human Rights Commission Act 1986".
8
63 Subsection 18C(1) (note)
9
Omit "Human Rights and Equal Opportunity Commission", substitute
10
"Australian Human Rights Commission".
11
64 Section 20
12
Omit "(1)".
13
65 Section 20 (note)
14
Omit "Human Rights and Equal Opportunity Commission Act 1986",
15
substitute "Australian Human Rights Commission Act 1986".
16
66 At the end of paragraphs 27(2)(a) and (b)
17
Add "or".
18
67 Paragraph 27(2)(e)
19
Omit "Human Rights and Equal Opportunity Commission Act 1986;",
20
substitute "Australian Human Rights Commission Act 1986; or".
21
68 Paragraphs 27(2)(f) and (g)
22
Omit "Human Rights and Equal Opportunity Commission Act 1986",
23
substitute "Australian Human Rights Commission Act 1986".
24
69 At the end of paragraph 27F(3)(a)
25
Add "or".
26
70 Paragraph 27F(3)(b)
27
Omit "Human Rights and Equal Opportunity Commission Act 1986",
28
substitute "Australian Human Rights Commission Act 1986".
29
Schedule 3 Australian Hu man Rights Commission
Part 1 Name of the Co mmission
36 Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008
No. , 2008
Remuneration Tribunal Act 1973
1
71 Subsection 8B(1)
2
Omit "Human Rights and Equal Opportunity Commission Act 1986",
3
substitute "Australian Human Rights Commission Act 1986".
4
72 Paragraph 8C(1)(a)
5
Omit "Human Rights and Equal Opportunity Commission Act 1986",
6
substitute "Australian Human Rights Commission Act 1986".
7
73 Subsection 8C(2) (paragraph (a) of the definition of
8
discriminatory determination)
9
Omit "Human Rights and Equal Opportunity Commission Act 1986",
10
substitute "Australian Human Rights Commission Act 1986".
11
Sex Discrimination Act 1984
12
74 Subsection 4(1) (definition of Commission)
13
Repeal the definition, substitute:
14
Commission means the Australian Human Rights Commission.
15
75 Subsection 4(1) (definition of enactment)
16
Omit "Human Rights and Equal Opportunity Commission Act 1986",
17
substitute "Australian Human Rights Commission Act 1986".
18
76 Subsection 4(1) (definition of proposed enactment)
19
Omit "Human Rights and Equal Opportunity Commission Act 1986",
20
substitute "Australian Human Rights Commission Act 1986".
21
77 Subsections 10(4) and 11(4)
22
Omit "Human Rights and Equal Opportunity Commission Act 1986"
23
(wherever occurring), substitute "Australian Human Rights Commission
24
Act 1986".
25
78 Part III (heading)
26
Repeal the heading, substitute:
27
Australian Hu man Rights Co mmission Schedule 3
Name of the Co mmission Part 1
Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 No. ,
2008 37
Part III--Functions of the Australian Human
1
Rights Commission
2
79 Subsection 48(1) (note)
3
Omit "Human Rights and Equal Opportunity Commission Act 1986",
4
substitute "Australian Human Rights Commission Act 1986".
5
Note:
The heading to section 48 is replaced by the heading "Functions of the Commission".
6
80 Subsection 92(1)
7
Omit "Human Rights and Equal Opportunity Commission Act 1986"
8
(first occurring), substitute "Australian Human Rights Commission Act
9
1986".
10
81 At the end of paragraph 92(1)(a)
11
Add "or".
12
82 Paragraphs 92(1)(ab) and (b)
13
Omit "Human Rights and Equal Opportunity Commission Act 1986",
14
substitute "Australian Human Rights Commission Act 1986".
15
83 At the end of paragraph 92(2)(a)
16
Add "or".
17
84 Paragraph 92(2)(b)
18
Omit "Human Rights and Equal Opportunity Commission Act 1986;",
19
substitute "Australian Human Rights Commission Act 1986; or".
20
85 At the end of subparagraphs 92(2)(c)(i), (ii) and (iv), (d)(i),
21
(ii) and (iv) and (e)(i) and (ii)
22
Add "or".
23
86 Paragraph 94(2)(a)
24
Omit "Human Rights and Equal Opportunity Commission Act 1986;",
25
substitute "Australian Human Rights Commission Act 1986; or".
26
87 Paragraph 94(2)(b)
27
Omit "Human Rights and Equal Opportunity Commission Act 1986",
28
substitute "Australian Human Rights Commission Act 1986".
29
Schedule 3 Australian Hu man Rights Commission
Part 1 Name of the Co mmission
38 Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008
No. , 2008
88 At the end of paragraph 94(2)(b)
1
Add "or".
2
89 Paragraphs 94(2)(c), (d) and (e)
3
Omit "Human Rights and Equal Opportunity Commission Act 1986;",
4
substitute "Australian Human Rights Commission Act 1986; or".
5
90 Paragraph 94(2)(f)
6
Omit "Human Rights and Equal Opportunity Commission Act 1986",
7
substitute "Australian Human Rights Commission Act 1986".
8
91 At the end of paragraph 112(3)(a)
9
Add "or".
10
92 Paragraph 112(3)(b)
11
Omit "Human Rights and Equal Opportunity Commission Act 1986",
12
substitute "Australian Human Rights Commission Act 1986".
13
Supported Accommodation Assistance Act 1994
14
93 Preamble
15
Omit "Human Rights and Equal Opportunity Commission Act 1986",
16
substitute "Australian Human Rights Commission Act 1986".
17
Workplace Relations Act 1996
18
94 Subsection 4(1) (paragraph (c) of the definition of
19
Anti-Discrimination Conventions)
20
Omit "Human Rights and Equal Opportunity Commission Act 1986",
21
substitute "Australian Human Rights Commission Act 1986".
22
95 Paragraph 120(1)(e)
23
Omit "Human Rights and Equal Opportunity Commission Act 1986",
24
substitute "Australian Human Rights Commission Act 1986".
25
96 Subsection 554(2)
26
Omit "Human Rights and Equal Opportunity Commission Act 1986",
27
substitute "Australian Human Rights Commission Act 1986".
28
Australian Hu man Rights Co mmission Schedule 3
Name of the Co mmission Part 1
Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 No. ,
2008 39
97 Subsection 554(7) (paragraph (a) of the definition of
1
discriminatory award)
2
Omit "Human Rights and Equal Opportunity Commission Act 1986",
3
substitute "Australian Human Rights Commission Act 1986".
4
98 Paragraph 659(1)(a)
5
Omit "Human Rights and Equal Opportunity Commission Act 1986",
6
substitute "Australian Human Rights Commission Act 1986".
7
99 Subsection 672(4)
8
Omit "(the HREOC complaint)".
9
100 Paragraph 672(4)(a)
10
Omit "Human Rights and Equal Opportunity Commission Act 1986",
11
substitute "Australian Human Rights Commission Act 1986".
12
101 Paragraphs 672(5)(a) and (b)
13
Omit "HREOC".
14
102 Subsection 674(4)
15
Omit "(the HREOC complaint)".
16
103 Paragraph 674(4)(a)
17
Omit "Human Rights and Equal Opportunity Commission Act 1986",
18
substitute "Australian Human Rights Commission Act 1986".
19
104 Paragraphs 674(5)(a) and (b)
20
Omit "HREOC".
21
105 Subclause 30(2) of Schedule 6
22
Omit "Human Rights and Equal Opportunity Commission Act 1986",
23
substitute "Australian Human Rights Commission Act 1986".
24
106 Subclause 30(7) of Schedule 6 (paragraph (a) of the
25
definition of discriminatory award)
26
Omit "Human Rights and Equal Opportunity Commission Act 1986",
27
substitute "Australian Human Rights Commission Act 1986".
28
107 Subclause 18(1) of Schedule 8
29
Schedule 3 Australian Hu man Rights Commission
Part 1 Name of the Co mmission
40 Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008
No. , 2008
Omit "Human Rights and Equal Opportunity Commission Act 1986",
1
substitute "Australian Human Rights Commission Act 1986".
2
108 Paragraph 18(4)(a) of Schedule 8
3
Omit "Human Rights and Equal Opportunity Commission Act 1986",
4
substitute "Australian Human Rights Commission Act 1986".
5
109 Subclause 41(1) of Schedule 8
6
Omit "Human Rights and Equal Opportunity Commission Act 1986",
7
substitute "Australian Human Rights Commission Act 1986".
8
110 Paragraph 41(4)(a) of Schedule 8
9
Omit "Human Rights and Equal Opportunity Commission Act 1986",
10
substitute "Australian Human Rights Commission Act 1986".
11
Division 2
--
Other amendments
12
Fair Work Act 2008
13
111 Paragraph 135(1)(b)
14
Omit "HREOC", substitute "the Australian Human Rights
15
Commission".
16
112 Subsection 161(1)
17
Omit "Human Rights and Equal Opportunity Commission Act 1986",
18
substitute "Australian Human Rights Commission Act 1986".
19
Note:
The heading to section 161 is altered by omitting "HREOC" and substituting
20
"Australian Human Rights Commission".
21
113 Subsection 218(1)
22
Omit "Human Rights and Equal Opportunity Commission Act 1986",
23
substitute "Australian Human Rights Commission Act 1986".
24
Note:
The heading to section 218 is altered by omitting "HREOC" and substituting
25
"Australian Human Rights Commission".
26
114 Subsection 732(3)
27
Omit "Human Rights and Equal Opportunity Commission Act 1986",
28
substitute "Australian Human Rights Commission Act 1986".
29
Australian Hu man Rights Co mmission Schedule 3
Name of the Co mmission Part 1
Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 No. ,
2008 41
Sex Discrimination Act 1984
1
115 Paragraphs 9(10A)(a) and (c)
2
Omit "Human Rights and Equal Opportunity Commission Act 1986",
3
substitute "Australian Human Rights Commission Act 1986".
4
116 Subsection 11A(4)
5
Omit "Human Rights and Equal Opportunity Commission Act 1986"
6
(wherever occurring), substitute "Australian Human Rights Commission
7
Act 1986".
8
9
Schedule 3 Australian Hu man Rights Commission
Part 2 Other amendments
42 Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008
No. , 2008
1
Part 2
--
Other amendments
2
Disability Discrimination Act 1992
3
117 Subsection 113(2)
4
Omit "Governor-General", substitute "Minister".
5
118 Subsection 126(1)
6
Repeal the subsection, substitute:
7
(1A) Subsection (1) applies in relation to any of the following persons:
8
(a) the Commission;
9
(b) the Commissioner or another member of the Commission;
10
(c) a person acting under the direction or authority of:
11
(i) the Commission; or
12
(ii) the Commissioner or another member of the
13
Commission;
14
(d) a person acting under a delegation under section 121.
15
(1) The person is not liable to an action or other proceeding for
16
damages for or in relation to an act done, or omitted to be done, in
17
good faith in the performance, or purported performance, of any
18
function, or in the exercise or purported exercise of any power or
19
authority, conferred on the Commission, the Commissioner or the
20
other member of the Commission.
21
Human Rights and Equal Opportunity Commission Act 1986
22
119 Subsection 8B(2)
23
Omit "Governor-General", substitute "Minister".
24
120 At the end of subparagraphs 14(2)(b)(i) and (ii)
25
Add "or".
26
121 Paragraph 14(2)(b)
27
After "person acting", insert "for or".
28
122 Subsection 14(7) (penalty)
29
Australian Hu man Rights Co mmission Schedule 3
Other amend ments Part 2
Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 No. ,
2008 43
Repeal the penalty, substitute:
1
Penalty: 10 penalty units.
2
123 Section 17
3
Repeal the section.
4
124 At the end of paragraph 20(1)(a)
5
Add "or".
6
125 Paragraph 20(1)(b)
7
Omit "alleging that an", substitute ", by or on behalf of one or more
8
persons aggrieved by an act or practice, alleging that the".
9
126 At the end of paragraph 20(2)(a)
10
Add "or".
11
127 Paragraph 20(2)(b)
12
Omit "desire that the inquiry be held or continued", substitute "want the
13
Commission to inquire, or to continue to inquire, into the act or
14
practice".
15
128 At the end of subparagraphs 20(2)(c)(i) to (iv)
16
Add "or".
17
129 At the end of paragraph 20(2)(c)
18
Add:
19
; or (vii) the Commission is satisfied that the complaint has been
20
settled or resolved.
21
130 Application
22
Subparagraph 20(2)(c)(vii) of the Human Rights and Equal Opportunity
23
Commission Act 1986, as added by this Part, applies in relation to
24
complaints made to the Commission before, on or after the
25
commencement of this Part.
26
131 Subsection 23(1) (penalty)
27
Repeal the penalty, substitute:
28
Penalty: 10 penalty units.
29
Schedule 3 Australian Hu man Rights Commission
Part 2 Other amendments
44 Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008
No. , 2008
132 Subsection 23(2)
1
Repeal the subsection, substitute:
2
(2) A person commits an offence if:
3
(a) the person has been served with a notice under subsection
4
21(5); and
5
(b) the person:
6
(i) refuses or fails to comply with the notice; or
7
(ii) when attending before a member in compliance with the
8
notice, refuses or fails to answer a question that is
9
required by the member to be answered.
10
Penalty: 10 penalty units.
11
133 Subsection 24(1)
12
After "person acting" (wherever occurring), insert "for or".
13
134 At the end of paragraphs 24(1)(a) to (f)
14
Add "or".
15
135 Subsection 24(2)
16
After "person acting" (wherever occurring), insert "for or".
17
136 Paragraph 26(1)(b)
18
After "person acting", insert "for or".
19
137 Subsection 26(1) (penalty)
20
Repeal the penalty, substitute:
21
Penalty: 10 penalty units.
22
138 At the end of paragraphs 26(2)(a), (b), (e) and (f)
23
Add "or".
24
139 Paragraph 26(2)(g)
25
After "person acting", insert "for or".
26
140 Paragraph 26(2)(j)
27
Omit "$2,500", substitute "25 penalty units".
28
Australian Hu man Rights Co mmission Schedule 3
Other amend ments Part 2
Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 No. ,
2008 45
141 Paragraph 26(2)(k)
1
Omit "$10,000", substitute "100 penalty units".
2
142 At the end of paragraph 32(1)(a)
3
Add "or".
4
143 Paragraph 32(1)(b)
5
Omit "alleging that an", substitute ", by or on behalf of one or more
6
persons aggrieved by an act or practice, alleging that the".
7
144 At the end of paragraph 32(3)(a)
8
Add "or".
9
145 Paragraph 32(3)(b)
10
Omit "desire that the inquiry be held or continued", substitute "want the
11
Commission to inquire, or to continue to inquire, into the act or
12
practice".
13
146 At the end of subparagraphs 32(3)(c)(i) to (iv)
14
Add "or".
15
147 At the end of paragraph 32(3)(c)
16
Add:
17
; or (vii) the Commission is satisfied that the complaint has been
18
settled or resolved.
19
148 Application
20
Subparagraph 32(3)(c)(vii) of the Human Rights and Equal Opportunity
21
Commission Act 1986, as added by this Part, applies in relation to
22
complaints made to the Commission before, on or after the
23
commencement of this Part.
24
149 Subsection 46B(2)
25
Omit "Governor-General", substitute "Minister".
26
150 At the end of subsection 46C(1)
27
Add:
28
Note:
Functions are also conferred on the Commission under section 209 of
29
the Native Title Act 1993.
30
Schedule 3 Australian Hu man Rights Commission
Part 2 Other amendments
46 Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008
No. , 2008
151 Subsection 46PF(1)
1
Omit "If", substitute "Subject to subsection (5), if".
2
152 At the end of section 46PF
3
Add:
4
(5) The President may decide not to inquire into the complaint, or, if
5
the President has started inquiring into the complaint, may decide
6
not to continue to inquire into the complaint, if:
7
(a) the President is satisfied that the person aggrieved by the
8
alleged unlawful discrimination does not want the President
9
to inquire, or to continue to inquire, into the complaint; or
10
(b) the President is satisfied that the complaint has been settled
11
or resolved.
12
153 Application
13
Subsection 46PF(5) of the Human Rights and Equal Opportunity
14
Commission Act 1986, as added by this Part, applies in relation to
15
complaints referred to the President before, on or after the
16
commencement of this Part.
17
154 Subsection 46PO(2)
18
Omit "28 days", substitute "60 days".
19
155 Application
20
The amendment of subsection 46PO(2) of the Human Rights and Equal
21
Opportunity Commission Act 1986 made by this Part applies in relation
22
to a notice issued under subsection 46PH(2) of that Act:
23
(a) within 28 days before the commencement of this Part; or
24
(b) on or after the commencement of this Part.
25
156 Subsection 47(1)
26
Omit "writing", substitute "legislative instrument".
27
157 Subsections 47(2) to (4)
28
Repeal the subsections, substitute:
29
(2) The declaration must include:
30
(a) a copy of the international instrument; and
31
Australian Hu man Rights Co mmission Schedule 3
Other amend ments Part 2
Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 No. ,
2008 47
(b) a copy of whichever of the following is applicable:
1
(i) Australia's instrument of ratification of, or accession to,
2
the international instrument;
3
(ii) the terms of any explanation given by Australia of its
4
vote in respect of the international instrument.
5
(3) Part 6 (sunsetting) of the Legislative Instruments Act 2003 does not
6
apply to the declaration.
7
158 Application
8
(1)
Subsection 47(2) of the Human Rights and Equal Opportunity
9
Commission Act 1986, as amended by this Part, applies to declarations
10
made after the commencement of this Part.
11
(2)
Subsection 47(3) of the Human Rights and Equal Opportunity
12
Commission Act 1986, as amended by this Part, applies to declarations
13
made before, on or after the commencement of this Part.
14
159 Subsection 48(1)
15
Repeal the subsection, substitute:
16
(1) Subsection (2) applies in relation to any of the following persons:
17
(a) the Commission;
18
(b) a member of the Commission;
19
(c) a person acting for or on behalf of:
20
(i) the Commission; or
21
(ii) a member of the Commission.
22
(2) The person is not liable to an action or other proceeding for
23
damages for or in relation to an act done, or omitted to be done, in
24
good faith in performance, or purported performance, of any
25
function, or in exercise or purported exercise of any power,
26
conferred on the Commission or the member.
27
160 Subsection 49(1)
28
After "at any time acted,", insert "for or".
29
161 Paragraph 49(1)(a)
30
After "having acted,", insert "for or".
31
Schedule 3 Australian Hu man Rights Commission
Part 2 Other amendments
48 Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008
No. , 2008
162 At the end of paragraph 49(1)(a)
1
Add "or".
2
163 Subsection 49(1) (penalty)
3
Omit "$5,000", substitute "50 penalty units".
4
164 Subsection 49(2)
5
After "at any time acted,", insert "for or".
6
165 Paragraphs 49(2)(a) and (b)
7
After "having acted,", insert "for or".
8
166 Subsection 49(4A)
9
After "person acting", insert "for or".
10
Racial Discrimination Act 1975
11
167 Subsection 3(1) (definition of Chair)
12
Repeal the definition.
13
168 Subsection 3(1) (definition of conciliation committee)
14
Repeal the definition.
15
169 Subsection 3(1) (definition of Council)
16
Repeal the definition.
17
170 Subsection 3(1) (definition of Deputy Chair)
18
Repeal the definition.
19
171 Subsection 3(1) (definition of member)
20
Repeal the definition.
21
172 Part V
22
Repeal the Part.
23
173 Part VI (heading)
24
Repeal the heading, substitute:
25
Australian Hu man Rights Co mmission Schedule 3
Other amend ments Part 2
Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 No. ,
2008 49
Part VI--Race Discrimination Commissioner
1
174 Division 1 of Part VI (heading)
2
Repeal the heading.
3
175 Subsection 29(2)
4
Omit "Governor-General", substitute "Minister".
5
176 Division 2 of Part VI
6
Repeal the Division.
7
177 Subsection 45(1)
8
Repeal the subsection, substitute:
9
(1A) Subsection (1) applies in relation to any of the following persons:
10
(a) the Commission;
11
(b) the Commissioner or another member of the Commission;
12
(c) a person acting under the direction or authority of:
13
(i) the Commission; or
14
(ii) the Commissioner or another member of the
15
Commission;
16
(d) a person acting under a delegation under section 40.
17
(1) The person is not liable to an action or other proceeding for
18
damages for or in relation to an act done, or omitted to be done, in
19
good faith in the performance, or purported performance, of any
20
function, or in the exercise or purported exercise of any power or
21
authority, conferred on the Commission, the Commissioner or the
22
other member of the Commission.
23
178 Section 47
24
Omit all the words after "giving effect to this Act".
25
Sex Discrimination Act 1984
26
179 Subsection 96(2)
27
Omit "Governor-General", substitute "Minister".
28
180 Subsection 111(1)
29
Schedule 3 Australian Hu man Rights Commission
Part 2 Other amendments
50 Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008
No. , 2008
Repeal the subsection, substitute:
1
(1A) Subsection (1) applies in relation to any of the following persons:
2
(a) the Commission;
3
(b) the Commissioner or another member of the Commission;
4
(c) a person acting under the direction or authority of:
5
(i) the Commission; or
6
(ii) the Commissioner or another member of the
7
Commission;
8
(d) a person acting under a delegation under section 104.
9
(1) The person is not liable to an action or other proceeding for
10
damages for or in relation to an act done, or omitted to be done, in
11
good faith in the performance, or purported performance, of any
12
function, or in the exercise or purported exercise of any power or
13
authority, conferred on the Commission, the Commissioner or the
14
other member of the Commission.
15
16
Other amend ments Schedule 4
Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 No. ,
2008 51
1
Schedule 4
--
Other amendments
2
3
Racial Discrimination Act 1975
4
1 Subsection 27(1) (penalty)
5
Repeal the penalty, substitute:
6
Penalty for an offence against subsection (1): 10 penalty units.
7
2 Subsection 27(2) (paragraph (a) of the penalty)
8
Omit "$2,500", substitute "25 penalty units".
9
3 Subsection 27(2) (paragraph (b) of the penalty)
10
Omit "$10,000", substitute "100 penalty units".
11
4 At the end of paragraph 27F(1)(a)
12
Add "or".
13
5 Subsection 27F(1) (penalty)
14
Omit "$5,000", substitute "50 penalty units".
15
Sex Discrimination Act 1984
16
6 Section 40A
17
Repeal the section.
18
7 Subsection 86(1) (penalty)
19
Repeal the penalty, substitute:
20
Penalty: 10 penalty units.
21
8 Subsection 87(1) (penalty)
22
Repeal the penalty, substitute:
23
Penalty: 10 penalty units.
24
9 Subsection 92(1) (penalty)
25
Repeal the penalty, substitute:
26
Schedule 4 Other amendments
52 Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008
No. , 2008
Penalty: 10 penalty units.
1
10 Subsection 94(1) (paragraph (a) of the penalty)
2
Omit "$2,500", substitute "25 penalty units".
3
11 Subsection 94(1) (paragraph (b) of the penalty)
4
Omit "$10,000", substitute "100 penalty units".
5
12 Subsection 95(1) (penalty)
6
Repeal the penalty, substitute:
7
Penalty: 10 penalty units.
8
13 At the end of paragraph 112(1)(a)
9
Add "or".
10
14 Subsection 112(1) (penalty)
11
Omit "$5,000", substitute "50 penalty units".
12

 

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