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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
Religious Discrimination (Consequential
Amendments) Bill 2021
No. , 2021
(Attorney-General)
A Bill for an Act to deal with consequential matters
arising from the enactment of the Religious
Discrimination Act 2021, and for related purposes
No. , 2021
Religious Discrimination (Consequential Amendments) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments consequential on the enactment of
the Religious Discrimination Act 2021
3
Australian Human Rights Commission Act 1986
3
Civil Aviation Act 1988
4
Fair Work Act 2009
5
Inspector-General of Intelligence and Security Act 1986
5
Sea Installations Act 1987
6
Schedule 2--Contingent amendments
7
Religious Discrimination Act 2021
7
No. , 2021
Religious Discrimination (Consequential Amendments) Bill 2021
1
A Bill for an Act to deal with consequential matters
1
arising from the enactment of the Religious
2
Discrimination Act 2021, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Religious Discrimination (Consequential
6
Amendments) Act 2021
.
7
2 Commencement
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
Religious Discrimination (Consequential Amendments) Bill 2021
No. , 2021
Commencement information
Column 1
Column 2
Column 3
Provisions
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
At the same time as the
Religious
Discrimination Act 2021
commences.
3. Schedule 2
The later of:
(a) immediately after the commencement of
the
Religious Discrimination Act 2021
;
and
(b) immediately after the commencement of
Division 2 of Part 2 of the
Equal
Opportunity (Religious Exceptions)
Amendment Act 2021
(Vic.).
However, the provisions do not commence
at all unless both of the events mentioned in
paragraphs (a) and (b) occur.
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 consequential on the enactment of the Religious Discrimination Act 2021
Schedule 1
No. , 2021
Religious Discrimination (Consequential Amendments) Bill 2021
3
Schedule 1--Amendments consequential on
1
the enactment of the Religious
2
Discrimination Act 2021
3
4
Australian Human Rights Commission Act 1986
5
1 Subsection 3(1)
6
Insert:
7
Religious Discrimination Commissioner
means the Religious
8
Discrimination Commissioner appointed under the
Religious
9
Discrimination Act 2021
.
10
2 Subsection 3(1) (after paragraph (b) of the definition of
11
unlawful discrimination)
12
Insert:
13
(ba) Part 4 of the
Religious Discrimination Act 2021
; or
14
3 Subsection 3(1) (at the end of the definition of unlawful
15
discrimination)
16
Add:
17
; or (f) Part 5 of the
Religious Discrimination Act 2021
.
18
4 At the end of subsection 8(1)
19
Add:
20
; and (h) the Religious Discrimination Commissioner.
21
5 Subsection 8(7)
22
Omit "or National Children's Commissioner", substitute ", National
23
Children's Commissioner or Religious Discrimination Commissioner".
24
6 Paragraph 11(1)(a)
25
After "the
Racial Discrimination Act 1975
", insert ", the
Religious
26
Discrimination Act 2021
".
27
Schedule 1
Amendments consequential on the enactment of the Religious
Discrimination Act 2021
4
Religious Discrimination (Consequential Amendments) Bill 2021
No. , 2021
7 Subsection 11(3)
1
Omit "or the
Age Discrimination Act 2004
", substitute "the
Age
2
Discrimination Act 2004
or the
Religious Discrimination Act 2021
".
3
8 Subsection 14(8)
4
Omit "or the
Age Discrimination Act 2004
", substitute "the
Age
5
Discrimination Act 2004
or the
Religious Discrimination Act 2021
".
6
9 Subsection 16(2A)
7
Omit "and the
Age Discrimination Act 2004
", substitute ", the
Age
8
Discrimination Act 2004
and the
Religious Discrimination Act 2021
".
9
10 Subsection 19(6)
10
Omit "or the
Age Discrimination Act 2004
", substitute "the
Age
11
Discrimination Act 2004
or the
Religious Discrimination Act 2021
".
12
11 Subsection 46PF(3) (note)
13
After "sections 18A and 18E of the
Racial Discrimination Act 1975
",
14
insert ", sections 70 and 71 of the
Religious Discrimination Act 2021
".
15
12 At the end of subsection 46PV(3)
16
Add:
17
; and (h) the Religious Discrimination Commissioner.
18
13 Subsection 46PW(7) (after paragraph (b) of the definition
19
of discriminatory act under an industrial instrument)
20
Insert:
21
(ba) Part 4 of the
Religious Discrimination Act 2021
; or
22
Civil Aviation Act 1988
23
14 After subsection 98(6B)
24
Insert:
25
(6BA) The regulations may contain provisions that are inconsistent with
26
the
Religious Discrimination Act 2021
if the inconsistency is
27
necessary for the safety of air navigation.
28
Amendments consequential on the enactment of the Religious Discrimination Act 2021
Schedule 1
No. , 2021
Religious Discrimination (Consequential Amendments) Bill 2021
5
15 Subsection 98(6C)
1
Omit "subsection (6A) or (6B)", substitute "subsection (6A), (6B) or
2
(6BA)".
3
Fair Work Act 2009
4
16 Section 12
5
Insert:
6
Religious Discrimination Commissioner
means the Religious
7
Discrimination Commissioner appointed under the
Religious
8
Discrimination Act 2021
.
9
17 After paragraph 161(2)(b)
10
Insert:
11
(ba) if the referral relates to action that would be unlawful under
12
Part 4 of the
Religious Discrimination Act 2021
--the
13
Religious Discrimination Commissioner;
14
18 After paragraph 218(2)(b)
15
Insert:
16
(ba) if the referral relates to action that would be unlawful under
17
Part 4 of the
Religious Discrimination Act 2021
--the
18
Religious Discrimination Commissioner;
19
19 After paragraph 351(3)(ac)
20
Insert:
21
(aca) the
Religious Discrimination Act 2021
;
22
Inspector-General of Intelligence and Security Act 1986
23
20 Subparagraph 8(1)(a)(v)
24
After "the
Racial Discrimination Act 1975
", insert ", the
Religious
25
Discrimination Act 2021
".
26
21 Subparagraph 8(2)(a)(iv)
27
After "the
Racial Discrimination Act 1975
", insert ", the
Religious
28
Discrimination Act 2021
".
29
Schedule 1
Amendments consequential on the enactment of the Religious
Discrimination Act 2021
6
Religious Discrimination (Consequential Amendments) Bill 2021
No. , 2021
22 Subparagraph 8(3)(b)(i)
1
After "the
Racial Discrimination Act 1975
", insert ", the
Religious
2
Discrimination Act 2021
".
3
Sea Installations Act 1987
4
23 Schedule
5
Insert:
6
Religious Discrimination Act 2021
7
Contingent amendments
Schedule 2
No. , 2021
Religious Discrimination (Consequential Amendments) Bill 2021
7
Schedule 2--Contingent amendments
1
2
Religious Discrimination Act 2021
3
1 Subsection 11(2)
4
Repeal the section, substitute:
5
(2) For the purposes of this section, a
prescribed State or Territory
6
law
means:
7
(a) the
Equal Opportunity Act 2010
(Vic.); or
8
(b) a law of a State or Territory that is prescribed under
9
subsection (3).
10
2 Subsection 11(3)
11
Omit "subsection (2)", substitute "paragraph (2)(b)".
12
3 Subsection 11(4)
13
Repeal the subsection (including the note).
14