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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Human Rights Legislation Amendment
Bill 2021
No. , 2021
(Attorney-General)
A Bill for an Act to amend laws relating to human
rights, and for related purposes
No. , 2021
Human Rights Legislation Amendment Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Age Discrimination Act 2004
3
Charities Act 2013
3
Disability Discrimination Act 1992
4
Marriage Act 1961
4
Racial Discrimination Act 1975
5
Sex Discrimination Act 1984
6
No. , 2021
Human Rights Legislation Amendment Bill 2021
1
A Bill for an Act to amend laws relating to human
1
rights, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Human Rights Legislation Amendment Act 2021
.
5
2 Commencement
6
(1) Each provision of this Act specified in column 1 of the table
7
commences, or is taken to have commenced, in accordance with
8
column 2 of the table. Any other statement in column 2 has effect
9
according to its terms.
10
11
2
Human Rights Legislation Amendment Bill 2021
No. , 2021
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day this Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
No. , 2021
Human Rights Legislation Amendment Bill 2021
3
Schedule 1--Amendments
1
2
Age Discrimination Act 2004
3
1 Section 3
4
Before "The", insert "(1)".
5
2 At the end of section 3
6
Add:
7
(2) In giving effect to the objects of this Act, regard is to be had to:
8
(a) the indivisibility and universality of human rights, and their
9
equal status in international law; and
10
(b) the principle that every person is free and equal in dignity
11
and rights.
12
Charities Act 2013
13
3 At the end of Part 4
14
Add:
15
19 Entities that advance, express or support a traditional view of
16
marriage
17
In determining whether an entity that:
18
(a) engages in or promotes activities advancing, expressing or
19
supporting a view of marriage as a union of a man and
20
woman to the exclusion of all others, voluntarily entered into
21
for life; or
22
(b) encourages others to engage in or promote activities that
23
advance, express or support such a view;
24
is a
charity
, the entity's engagement in, or promotion of, such
25
activities is to be presumed, conclusively, to be for the public
26
benefit and not contrary to public policy.
27
Schedule 1
Amendments
4
Human Rights Legislation Amendment Bill 2021
No. , 2021
Disability Discrimination Act 1992
1
4 Section 3
2
Before "The", insert "(1)".
3
5 At the end of section 3
4
Add:
5
(2) In giving effect to the objects of this Act, regard is to be had to:
6
(a) the indivisibility and universality of human rights, and their
7
equal status in international law; and
8
(b) the principle that every person is free and equal in dignity
9
and rights.
10
Marriage Act 1961
11
6 After section 47B
12
Insert:
13
47C Educational institutions established for religious purposes may
14
refuse to make facilities available or provide goods or
15
services
16
(1) An educational institution that is conducted in accordance with the
17
doctrines, tenets, beliefs or teachings of a particular religion may
18
refuse to make a facility available, or to provide goods or services,
19
for the purposes of the solemnisation of a marriage, or for purposes
20
reasonably incidental to the solemnisation of a marriage, if the
21
refusal:
22
(a) conforms to the doctrines, tenets, beliefs or teachings of the
23
religion of the educational institution; or
24
(b) is necessary to avoid injury to the religious susceptibilities of
25
adherents of that religion.
26
(2) Subsection (1) applies to facilities made available, and goods and
27
services provided, whether for payment or not.
28
(3) This section does not limit the grounds on which an educational
29
institution that is conducted in accordance with the doctrines,
30
tenets, beliefs or teachings of a particular religion may refuse to
31
Amendments
Schedule 1
No. , 2021
Human Rights Legislation Amendment Bill 2021
5
make a facility available, or to provide goods or services, for the
1
purposes of the solemnisation of a marriage, or for purposes
2
reasonably incidental to the solemnisation of a marriage.
3
(4) To avoid doubt, a reference to an educational institution that is
4
conducted in accordance with the doctrines, tenets, beliefs or
5
teachings of a particular religion has the same meaning in this
6
section as it has in section 38 of the
Sex Discrimination Act 1984
.
7
(5) For the purposes of subsection (1), a purpose is
reasonably
8
incidental
to the solemnisation of marriage if it is intrinsic to, or
9
directly associated with, the solemnisation of the marriage.
10
Racial Discrimination Act 1975
11
7 After section 2
12
Insert:
13
2A Objects
14
(1) The objects of this Act are:
15
(a) to give effect to certain provisions of the International
16
Convention on the Elimination of All Forms of Racial
17
Discrimination; and
18
(b) to eliminate, so far as is possible, discrimination against
19
persons on the ground of race, colour, descent, national or
20
ethnic origin or immigrant status in a range of areas of public
21
life; and
22
(c) to eliminate, so far as possible, certain behaviour based on
23
racial hatred; and
24
(d) to ensure everyone has the same rights to equality before the
25
law, regardless of their race, colour or national or ethnic
26
origin.
27
(2) In giving effect to the objects of this Act, regard is to be had to:
28
(a) the indivisibility and universality of human rights, and their
29
equal status in international law; and
30
(b) the principle that every person is free and equal in dignity
31
and rights.
32
Schedule 1
Amendments
6
Human Rights Legislation Amendment Bill 2021
No. , 2021
Sex Discrimination Act 1984
1
8 Section 3
2
Before "The", insert "(1)".
3
9 At the end of section 3
4
Add:
5
(2) In giving effect to the objects of this Act, regard is to be had to:
6
(a) the indivisibility and universality of human rights, and their
7
equal status in international law; and
8
(b) the principle that every person is free and equal in dignity
9
and rights.
10