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FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS AND OTHER LEGISLATION AMENDMENT (RESTORATION OF RACIAL DISCRIMINATION ACT) BILL 2010

2010
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Families, Housing, Community Services
and Indigenous Affairs and Other
Legislation Amendment (Restoration of
Racial Discrimination Act) Bill 2010
No. , 2010
(Senator Siewert)
A Bill for an Act to amend laws to restore the
operation of the Racial Discrimination Act 1975 in
the Northern Territory, and for related purposes
i Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Restoration of Racial Discrimination Act) Bill 2010 No. , 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments relating to the operation of the
Racial Discrimination Act 1975
3
Families, Community Services and Indigenous Affairs and Other
Legislation Amendment (Northern Territory National Emergency
Response and Other Measures) Act 2007
3
Northern Territory National Emergency Response Act 2007
4
Social Security and Other Legislation Amendment (Welfare Payment
Reform) Act 2007
4
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Restoration of Racial Discrimination Act) Bill 2010 No. , 2010 1
A Bill for an Act to amend laws to restore the
1
operation of the Racial Discrimination Act 1975 in
2
the Northern Territory, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Families, Housing, Community
6
Services and Indigenous Affairs and Other Legislation Amendment
7
(Restoration of Racial Discrimination Act) Act 2010.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
column 2 of the table. Any other statement in column 2 has effect
12
according to its terms.
13
2 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Restoration of Racial Discrimination Act) Bill 2010 No. , 2010
1
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 this Act receives the Royal Assent.
2. Schedule 1
The later of:
(a) immediately after commencement of
Schedule 1 of the Social Security and
Other Legislation Amendment (Welfare
Reform and Reinstatement of Racial
Discrimination Act) Act 2010; or
(b) the day on which this Act receives the
Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
2
passed by both Houses of the Parliament and assented to. It will not be
3
expanded to deal with provisions inserted in this Act after assent.
4
(2) Column 3 of the table contains additional information that is not
5
part of this Act. Information in this column may be added to or
6
edited in any published version of this Act.
7
3 Schedule(s)
8
Each Act that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
13
Amendments relating to the operation of the Racial Discrimination Act 1975 Schedule
1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Restoration of Racial Discrimination Act) Bill 2010 No. , 2010 3
Schedule 1--Amendments relating to the
1
operation of the Racial Discrimination
2
Act 1975
3
Families, Community Services and Indigenous Affairs and
4
Other Legislation Amendment (Northern Territory
5
National Emergency Response and Other
6
Measures) Act 2007
7
1 After section 3
8
Insert:
9
4 Racial Discrimination Act
10
(1) Without limiting the general operation of the Racial
11
Discrimination Act 1975 in relation to the following Acts:
12
(a)
Aboriginal Land Rights (Northern Territory) Act 1976;
13
(b)
Australian Crime Commission Act 2002;
14
(c)
Australian Federal Police Act 1979;
15
(d)
Classification (Publications, Films and Computer Games)
16
Act 1995;
17
the provisions of the Racial Discrimination Act 1975 are intended
18
to prevail over the provisions of this Act.
19
(2) The provisions of this Act do not authorise conduct that is
20
inconsistent with the provisions of the Racial Discrimination Act
21
1975.
22
(3) The provisions of this Act, and any acts done under or for the
23
purposes of those provisions, are, for the purposes of the Racial
24
Discrimination Act 1975, intended to qualify as special measures.
25
(4) Any act done, any decision made and any discretion exercised
26
under or for the purposes of this Act must be consistent with the
27
intended beneficial purpose of this Act.
28
(5) In this section, a reference to any act done includes a reference to
29
any failure to do an act.
30
Schedule 1 Amendments relating to the operation of the Racial Discrimination Act
1975
4 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Restoration of Racial Discrimination Act) Bill 2010 No. , 2010
Northern Territory National Emergency Response Act 2007
1
2 After section 131
2
Insert:
3
132 Racial Discrimination Act
4
(1) The provisions of the Racial Discrimination Act 1975 are intended
5
to prevail over the provisions of this Act.
6
(2) The provisions of this Act do not authorise conduct that is
7
inconsistent with the provisions of the Racial Discrimination Act
8
1975.
9
(3) The provisions of this Act, and any acts done under or for the
10
purposes of those provisions, are, for the purposes of the Racial
11
Discrimination Act 1975, intended to qualify as special measures.
12
(4) Any act done, any decision made and any discretion exercised
13
under or for the purposes of this Act must be consistent with the
14
intended beneficial purpose of this Act.
15
(5) In this section, a reference to any act done includes a reference to
16
any failure to do an act.
17
Social Security and Other Legislation Amendment (Welfare
18
Payment Reform) Act 2007
19
3 After section 3
20
Insert:
21
4 Racial Discrimination Act
22
(1) Without limiting the general operation of the Racial
23
Discrimination Act 1975 in relation the Social Security
24
(Administration) Act 1999, the provisions of the Racial
25
Discrimination Act 1975 are intended to prevail over the provisions
26
of this Act and the provisions of the Social Security
27
(Administration) Act 1999.
28
Amendments relating to the operation of the Racial Discrimination Act 1975 Schedule
1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Restoration of Racial Discrimination Act) Bill 2010 No. , 2010 5
(2) The provisions of this Act do not authorise conduct that is
1
inconsistent with the provisions of the Racial Discrimination Act
2
1975.
3
(3) The provisions of this Act, and any acts done under or for the
4
purposes of those provisions, are, for the purposes of the Racial
5
Discrimination Act 1975, intended to qualify as special measures.
6
(4) Any act done, any decision made and any discretion exercised
7
under or for the purposes of this Act must be consistent with the
8
intended beneficial purpose of this Act.
9
(5) In this section, a reference to any act done includes a reference to
10
any failure to do an act.
11

 

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