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SEX AND AGE DISCRIMINATION LEGISLATION AMENDMENT BILL 2011

2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Sex and Age Discrimination Legislation
Amendment Bill 2010
No. , 2010
(Attorney-General)
A Bill for an Act to amend the law relating to sex
and age discrimination, and for related purposes
i Sex and Age Discrimination Legislation Amendment Bill 2010 No. , 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments relating to sex discrimination
3
Part 1--Amendment of the Sex Discrimination Act 1984
3
Division 1--Amendments
3
Sex Discrimination Act 1984
3
Division 2--Application of amendments
13
Part 2--Consequential amendment
14
Equal Opportunity for Women in the Workplace Act 1999
14
Schedule 2--Amendments relating to age discrimination
15
Part 1--Amendment of the Age Discrimination Act 2004
15
Age Discrimination Act 2004
15
Part 2--Consequential amendments
19
Division 1--Amendments
19
Australian Human Rights Commission Act 1986
19
Fair Work Act 2009
19
Division 2--Application of amendments
20
Sex and Age Discrimination Legislation Amendment Bill 2010 No. , 2010 1
A Bill for an Act to amend the law relating to sex
1
and age discrimination, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Sex and Age Discrimination
5
Legislation Amendment Act 2010.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Sex and Age Discrimination Legislation Amendment Bill 2010 No. , 2010
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 day after this Act receives the Royal
Assent.
3. Schedule 2
A single day to be fixed by Proclamation.
However, if any of the provision(s) do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
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 Schedule(s)
7
Each Act 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
12
Amendments relating to sex discrimination Schedule 1
Amendment of the Sex Discrimination Act 1984 Part 1
Sex and Age Discrimination Legislation Amendment Bill 2010 No. , 2010 3
Schedule 1--Amendments relating to sex
1
discrimination
2
Part 1--Amendment of the Sex Discrimination Act
3
1984
4
Division 1--Amendments
5
Sex Discrimination Act 1984
6
1 Title
7
After "potential pregnancy", insert ", breastfeeding".
8
2 Preamble
9
After "potential pregnancy" (wherever occurring), insert ",
10
breastfeeding or family responsibilities".
11
3 Paragraph 3(a)
12
After "Women", insert "and to provisions of other relevant international
13
instruments".
14
4 Paragraph 3(b)
15
After "potential pregnancy", insert "or breastfeeding".
16
5 Paragraph 3(ba)
17
Omit "involving dismissal of employees on the ground of family
18
responsibilities", substitute "on the ground of family responsibilities in
19
the area of work".
20
6 Subsection 4(1)
21
Insert:
22
breastfeeding has a meaning affected by subsections 7AA(3) and
23
(4).
24
7 Subsection 4(1) (definition of Convention)
25
Repeal the definition.
26
Schedule 1 Amendments relating to sex discrimination
Part 1 Amendment of the Sex Discrimination Act 1984
4 Sex and Age Discrimination Legislation Amendment Bill 2010 No. , 2010
8 Subsection 4(1)
1
Insert:
2
disability has the same meaning as in the Disability Discrimination
3
Act 1992.
4
9 Subsection 4(1)
5
Insert:
6
official record of a person's sex means:
7
(a) a record of a person's sex in a register of births, deaths and
8
marriages (however described); or
9
(b) a document (however described), issued under a law of a
10
State or Territory, the purpose of which is to identify or
11
acknowledge a person's sex.
12
10 Subsection 4(1)
13
Insert:
14
relevant international instrument means:
15
(a) the Convention on the Elimination of All Forms of
16
Discrimination Against Women done at New York on
17
18 December 1979 ([1983] ATS 9) (a copy of the English
18
text of which is set out in the Schedule); or
19
(b) the International Covenant on Civil and Political Rights done
20
at New York on 16 December 1966 ([1980] ATS 23); or
21
(c) the International Covenant on Economic, Social and Cultural
22
Rights done at New York on 16 December 1966 ([1976] ATS
23
5); or
24
(d) the Convention on the Rights of the Child done at New York
25
on 20 November 1989 ([1991] ATS 4); or
26
(e) ILO Convention (No. 100) concerning Equal Remuneration
27
for Men and Women Workers for Work of Equal Value done
28
at Geneva on 29 June 1951 ([1975] ATS 45); or
29
(f) ILO Convention (No. 111) concerning Discrimination in
30
respect of Employment and Occupation done at Geneva on
31
25 June 1958 ([1974] ATS 12); or
32
(g) ILO Convention (No. 156) concerning Equal Opportunities
33
and Equal Treatment for Men and Women Workers: Workers
34
Amendments relating to sex discrimination Schedule 1
Amendment of the Sex Discrimination Act 1984 Part 1
Sex and Age Discrimination Legislation Amendment Bill 2010 No. , 2010 5
with Family Responsibilities done at Geneva on 23 June
1
1981 ([1991] ATS 7); or
2
(h) ILO Convention (No. 158) concerning Termination of
3
Employment at the Initiative of the Employer done at Geneva
4
on 22 June 1982 ([1994] ATS 4).
5
Note:
In 2010, the text of a Convention or Covenant in the Australian Treaty
6
Series was accessible through the Australian Treaties Library on the
7
AustLII website (www.austlii.edu.au).
8
11 Subsection 4A(1)
9
Omit "an employee", substitute "a person".
10
12 Subsection 4A(1)
11
Omit "the employee" (wherever occurring), substitute "the person".
12
13 Subsection 4A(2) (definition of dependent child)
13
Omit "the employee", substitute "the person".
14
14 Subsection 4A(2) (definition of immediate family member)
15
Omit "the employee" (wherever occurring), substitute "the person".
16
15 Subsection 5(1A)
17
Repeal the subsection.
18
16 Subsection 7(2)
19
Omit "also".
20
17 After section 7
21
Insert:
22
7AA Discrimination on the ground of breastfeeding
23
(1) For the purposes of this Act, a person (the discriminator)
24
discriminates against a woman (the aggrieved woman) on the
25
ground of the aggrieved woman's breastfeeding if, by reason of:
26
(a) the aggrieved woman's breastfeeding; or
27
(b) a characteristic that appertains generally to women who are
28
breastfeeding; or
29
(c) a characteristic that is generally imputed to women who are
30
breastfeeding;
31
Schedule 1 Amendments relating to sex discrimination
Part 1 Amendment of the Sex Discrimination Act 1984
6 Sex and Age Discrimination Legislation Amendment Bill 2010 No. , 2010
the discriminator treats the aggrieved woman less favourably than,
1
in circumstances that are the same or are not materially different,
2
the discriminator treats or would treat someone who is not
3
breastfeeding.
4
(2) For the purposes of this Act, a person (the discriminator)
5
discriminates against a woman (the aggrieved woman) on the
6
ground of the aggrieved woman's breastfeeding if the discriminator
7
imposes, or proposes to impose, a condition, requirement or
8
practice that has, or is likely to have, the effect of disadvantaging
9
women who are breastfeeding.
10
(3) To avoid doubt, a reference in this Act to breastfeeding includes
11
the act of expressing milk.
12
(4) To avoid doubt, a reference in this Act to breastfeeding includes:
13
(a) an act of breastfeeding; and
14
(b) breastfeeding over a period of time.
15
(5) This section has effect subject to sections 7B and 7D.
16
18 Section 7A
17
Repeal the section, substitute:
18
7A Discrimination on the ground of family responsibilities
19
(1) For the purposes of this Act, a person (the discriminator)
20
discriminates against another person (the aggrieved person) on the
21
ground of the aggrieved person's family responsibilities if, by
22
reason of:
23
(a) the family responsibilities of the aggrieved person; or
24
(b) a characteristic that appertains generally to persons with
25
family responsibilities; or
26
(c) a characteristic that is generally imputed to persons with
27
family responsibilities;
28
the discriminator treats the aggrieved person less favourably than,
29
in circumstances that are the same or not materially different, the
30
discriminator treats or would treat a person without family
31
responsibilities.
32
(2) For the purposes of this Act, a person (the discriminator)
33
discriminates against another person (the aggrieved person) on the
34
Amendments relating to sex discrimination Schedule 1
Amendment of the Sex Discrimination Act 1984 Part 1
Sex and Age Discrimination Legislation Amendment Bill 2010 No. , 2010 7
ground of the aggrieved person's family responsibilities if the
1
discriminator imposes, or proposes to impose, a condition,
2
requirement or practice that has, or is likely to have, the effect of
3
disadvantaging persons with family responsibilities.
4
(3) This section has effect subject to sections 7B and 7D.
5
19 Subsection 7B(1)
6
Omit "or 7(2)", substitute ", 7(2), 7AA(2) or 7A(2)".
7
20 At the end of subsection 7D(1)
8
Add:
9
; or (e) women who are breastfeeding and people who are not
10
breastfeeding; or
11
(f) people with family responsibilities and people without family
12
responsibilities.
13
21 Subsection 7D(2)
14
Omit "or 7", substitute ", 7, 7AA or 7A".
15
22 Section 8
16
Omit "or 7(1) or section 7A", substitute ", 7(1), 7AA(1) or 7A(1)".
17
23 Subsection 9(9)
18
After "done by" (wherever occurring), insert "or in relation to".
19
24 Subsections 9(10) and (10A)
20
Repeal the subsections, substitute:
21
(10) The prescribed provisions of Part II, and the prescribed provisions
22
of Division 3 of Part II, have effect to the extent that the provisions
23
give effect to a relevant international instrument.
24
25 Subsection 9(11)
25
After "or by", insert "or in relation to".
26
26 Subsection 9(12)
27
After "done, by", insert "or in relation to".
28
27 Subsection 9(13)
29
Schedule 1 Amendments relating to sex discrimination
Part 1 Amendment of the Sex Discrimination Act 1984
8 Sex and Age Discrimination Legislation Amendment Bill 2010 No. , 2010
After "or by", insert "or in relation to".
1
28 Subsection 9(14)
2
After "done, by", insert "or in relation to".
3
29 At the end of section 9
4
Add:
5
(21) The prescribed provisions of Division 3 of Part II have effect in
6
relation to acts done using a postal, telegraphic, telephonic or other
7
like service (within the meaning of paragraph 51(v) of the
8
Constitution).
9
30 Subsection 10(1)
10
Omit "or (10A)".
11
31 Subsection 10(2)
12
Omit "or discrimination on the ground of pregnancy or potential
13
pregnancy", substitute ", discrimination on the ground of pregnancy or
14
potential pregnancy, discrimination on the ground of breastfeeding or
15
discrimination on the ground of family responsibilities".
16
32 Subsection 11(2)
17
Omit "or discrimination on the ground of pregnancy or potential
18
pregnancy", substitute ", discrimination on the ground of pregnancy or
19
potential pregnancy, discrimination on the ground of breastfeeding or
20
discrimination on the ground of family responsibilities".
21
33 Subsection 11(3)
22
Omit "the Convention", substitute "a relevant international instrument".
23
Note:
The heading to section 11 is altered by omitting "Convention" and substituting
24
"relevant international instruments".
25
34 Paragraph 11(4)(a)
26
Omit "the Convention", substitute "a relevant international instrument".
27
35 Paragraph 11(5)(a)
28
Omit "the Convention", substitute "a relevant international instrument".
29
36 Section 11A
30
Amendments relating to sex discrimination Schedule 1
Amendment of the Sex Discrimination Act 1984 Part 1
Sex and Age Discrimination Legislation Amendment Bill 2010 No. , 2010 9
Repeal the section.
1
37 Subsections 14(1) and (2)
2
After "potential pregnancy", insert ", breastfeeding or family
3
responsibilities".
4
38 Subsection 14(3A)
5
Repeal the subsection.
6
39 Subsections 15(1) and (2)
7
After "potential pregnancy", insert ", breastfeeding or family
8
responsibilities".
9
40 Section 16
10
After "potential pregnancy", insert ", breastfeeding or family
11
responsibilities".
12
41 Subsections 17(1), (2) and (3)
13
After "potential pregnancy", insert ", breastfeeding or family
14
responsibilities".
15
42 Section 18
16
After "potential pregnancy", insert ", breastfeeding or family
17
responsibilities".
18
43 Subsections 19(1) and (2)
19
After "potential pregnancy", insert ", breastfeeding or family
20
responsibilities".
21
44 Section 20
22
After "potential pregnancy", insert ", breastfeeding or family
23
responsibilities".
24
45 Subsections 21(1) and (2)
25
After "potential pregnancy", insert ", or breastfeeding".
26
46 Subsection 22(1)
27
After "potential pregnancy", insert ", or breastfeeding".
28
Schedule 1 Amendments relating to sex discrimination
Part 1 Amendment of the Sex Discrimination Act 1984
10 Sex and Age Discrimination Legislation Amendment Bill 2010 No. , 2010
47 Subsections 23(1) and (2)
1
After "potential pregnancy", insert ", or breastfeeding".
2
48 Subsection 24(1)
3
After "potential pregnancy", insert ", or breastfeeding".
4
49 Subsections 25(1) and (2)
5
After "potential pregnancy", insert ", or breastfeeding".
6
50 Subsection 26(1)
7
After "potential pregnancy,", insert "or breastfeeding,".
8
51 Paragraph 27(1)(b)
9
After "potential pregnancy", insert ", breastfeeding or family
10
responsibilities".
11
52 After subparagraph 27(1)(c)(iii)
12
Insert:
13
or (iv) who are not breastfeeding; or
14
(v) without family responsibilities;
15
53 Subsection 28A(1)
16
After "anticipated", insert "the possibility".
17
54 After subsection 28A(1)
18
Insert:
19
(1A) For the purposes of subsection (1), the circumstances to be taken
20
into account include, but are not limited to, the following:
21
(a) the sex, age, marital status, sexual preference, religious
22
belief, race, colour, or national or ethnic origin, of the person
23
harassed;
24
(b) the relationship between the person harassed and the person
25
who made the advance or request or who engaged in the
26
conduct;
27
(c) any disability of the person harassed;
28
(d) any other relevant circumstance.
29
55 Subsection 28B(6)
30
Amendments relating to sex discrimination Schedule 1
Amendment of the Sex Discrimination Act 1984 Part 1
Sex and Age Discrimination Legislation Amendment Bill 2010 No. , 2010 11
After "workplace of", insert "either or".
1
56 Paragraph 28F(2)(a)
2
Omit "an adult", substitute "a".
3
57 After subsection 28F(2)
4
Insert:
5
(2A) It is unlawful for a person (the first person) who is a member of
6
the staff of an educational institution (the first educational
7
institution) to sexually harass a person who is a student at another
8
educational institution if the sexual harassment occurs in
9
connection with the first person being a member of staff of the first
10
educational institution.
11
(2B) It is unlawful for a person (the first person) who is an adult student
12
at an educational institution (the first educational institution) to
13
sexually harass:
14
(a) a person who is a student at another educational institution;
15
or
16
(b) a member of the staff of another educational institution;
17
if the sexual harassment occurs in connection with the first person
18
being a student at the first educational institution.
19
58 Section 28G
20
Omit "It", substitute "(1) It".
21
Note:
The heading to section 28G is altered by omitting "Provision of goods" and substituting
22
"Goods".
23
59 At the end of section 28G
24
Add:
25
(2) It is unlawful for a person to sexually harass another person in the
26
course of seeking, or receiving, goods, services or facilities from
27
that other person.
28
60 Section 31
29
Omit "or childbirth", substitute ", childbirth or breastfeeding".
30
Note:
The heading to section 31 is altered by omitting "or childbirth" and substituting ",
31
childbirth or breastfeeding"
32
Schedule 1 Amendments relating to sex discrimination
Part 1 Amendment of the Sex Discrimination Act 1984
12 Sex and Age Discrimination Legislation Amendment Bill 2010 No. , 2010
61 Section 39
1
Omit "or pregnancy", substitute ", pregnancy, breastfeeding or family
2
responsibilities".
3
62 After subsection 40(4)
4
Insert:
5
(5) Nothing in Division 2 renders it unlawful to refuse to make, issue
6
or alter an official record of a person's sex if a law of a State or
7
Territory requires the refusal because the person is married.
8
63 Paragraph 41A(1)(a)
9
Omit "or marital status", substitute ", marital status or family
10
responsibilities".
11
64 Subparagraph 41A(1)(b)(iii)
12
Omit "or marital status", substitute ", marital status or family
13
responsibilities".
14
65 Subsection 41A(2)
15
Repeal the subsection, substitute:
16
(2) For the purposes of this section:
17
(a) discrimination on the ground of a person's sex is taken to be
18
indirect if paragraph 5(1)(b) or (c) or subsection 5(2) applies
19
to the discrimination; and
20
(b) discrimination on the ground of a person's marital status is
21
taken to be indirect if paragraph 6(1)(b) or (c) or subsection
22
6(2) applies to the discrimination; and
23
(c) discrimination on the ground of a person's family
24
responsibilities is taken to be indirect if paragraph 7A(1)(b)
25
or (c) or subsection 7A(2) applies to the discrimination.
26
66 Paragraph 41B(3)(a)
27
Omit "or marital status", substitute ", marital status or family
28
responsibilities".
29
67 Subparagraph 41B(4)(b)(i)
30
Omit "or marital status", substitute ", marital status or family
31
responsibilities".
32
Amendments relating to sex discrimination Schedule 1
Amendment of the Sex Discrimination Act 1984 Part 1
Sex and Age Discrimination Legislation Amendment Bill 2010 No. , 2010 13
68 Paragraphs 48(1)(g), (ga) and (gb)
1
After "potential pregnancy", insert ", breastfeeding or family
2
responsibilities".
3
Division 2--Application of amendments
4
69 Application of amendments
5
The amendments of the Sex Discrimination Act 1984 made by this Part
6
apply in relation to acts or omissions occurring after the commencement
7
of this Part.
8
9
Schedule 1 Amendments relating to sex discrimination
Part 2 Consequential amendment
14 Sex and Age Discrimination Legislation Amendment Bill 2010 No. , 2010
Part 2--Consequential amendment
1
Equal Opportunity for Women in the Workplace Act 1999
2
70 Subsection 3(1) (definition of discrimination)
3
Omit "or 7", substitute ", 7, 7AA or 7A".
4
5
Amendments relating to age discrimination Schedule 2
Amendment of the Age Discrimination Act 2004 Part 1
Sex and Age Discrimination Legislation Amendment Bill 2010 No. , 2010 15
Schedule 2--Amendments relating to age
1
discrimination
2
Part 1--Amendment of the Age Discrimination Act
3
2004
4
Age Discrimination Act 2004
5
1 Section 4
6
After:
7
·
Functions are given to the Commission (see Part 6).
8
insert:
9
·
The Age Discrimination Commissioner is established (see
10
Part 6A).
11
2 Section 5
12
Insert:
13
Commissioner means the Age Discrimination Commissioner
14
appointed under section 53A.
15
3 After Part 6
16
Insert:
17
Part 6A--Age Discrimination Commissioner
18
19
53A Age Discrimination Commissioner
20
(1) There is to be an Age Discrimination Commissioner, who is to be
21
appointed by the Governor-General by written instrument.
22
Note:
The Age Discrimination Commissioner is eligible for reappointment:
23
see the Acts Interpretation Act 1901.
24
Schedule 2 Amendments relating to age discrimination
Part 1 Amendment of the Age Discrimination Act 2004
16 Sex and Age Discrimination Legislation Amendment Bill 2010 No. , 2010
(2) A person may only be appointed as the Age Discrimination
1
Commissioner if the Minister is satisfied that the person has
2
appropriate qualifications, knowledge or experience.
3
53B Terms and conditions of appointment
4
(1) The Commissioner holds office for the period specified in the
5
instrument of appointment. The period must not exceed 7 years.
6
(2) The Commissioner holds office on a full-time basis.
7
(3) The Commissioner holds office on the terms and conditions (if
8
any), in relation to matters not covered by this Act, that are
9
determined by the Governor-General.
10
53C Remuneration of Commissioner
11
(1) The Commissioner is to be paid the remuneration that is
12
determined by the Remuneration Tribunal. If no determination of
13
that remuneration by the Tribunal is in operation, the
14
Commissioner is to be paid the remuneration that is prescribed by
15
the regulations.
16
(2) The Commissioner is to be paid the allowances that are prescribed
17
by the regulations.
18
(3) This section has effect subject to the Remuneration Tribunal Act
19
1973.
20
53D Leave of absence
21
(1) The Commissioner has the recreation leave entitlements that are
22
determined by the Remuneration Tribunal.
23
(2) The Minister may grant the Commissioner leave of absence, other
24
than recreation leave, on the terms and conditions as to
25
remuneration or otherwise that the Minister determines.
26
53E Outside employment
27
The Commissioner must not engage in paid employment outside
28
the duties of his or her office without the Minister's approval.
29
Amendments relating to age discrimination Schedule 2
Amendment of the Age Discrimination Act 2004 Part 1
Sex and Age Discrimination Legislation Amendment Bill 2010 No. , 2010 17
53F Resignation
1
(1) The Commissioner may resign his or her appointment by giving
2
the Governor-General a written resignation.
3
(2) The resignation takes effect on the day it is received by the
4
Governor-General or, if a later day is specified in the resignation,
5
on that later day.
6
53G Termination of appointment
7
(1) The Governor-General may terminate the appointment of the
8
Commissioner for misbehaviour or physical or mental incapacity.
9
(2) The Governor-General must terminate the appointment of the
10
Commissioner if:
11
(a)
the
Commissioner:
12
(i) becomes bankrupt; or
13
(ii) applies to take the benefit of any law for the relief of
14
bankrupt or insolvent debtors; or
15
(iii) compounds with his or her creditors; or
16
(iv) makes an assignment of his or her remuneration for the
17
benefit of his or her creditors; or
18
(b) the Commissioner is absent, except on leave of absence, for
19
14 consecutive days or for 28 days in any 12 months; or
20
(c) the Commissioner engages, except with the Minister's
21
approval, in paid employment outside the duties of his or her
22
office (see section 53E).
23
53H Acting Commissioner
24
(1) The Minister may, by written instrument, appoint a person to act as
25
Commissioner:
26
(a) during a vacancy in the office of Commissioner (whether or
27
not an appointment has previously been made to the office);
28
or
29
(b) during any period, or during all periods, when the
30
Commissioner:
31
(i) is absent from duty or from Australia; or
32
(ii) is, for any reason, unable to perform the functions of the
33
office.
34
Schedule 2 Amendments relating to age discrimination
Part 1 Amendment of the Age Discrimination Act 2004
18 Sex and Age Discrimination Legislation Amendment Bill 2010 No. , 2010
(2) Anything done by or in relation to a person purporting to act under
1
an appointment is not invalid merely because:
2
(a) the occasion for the appointment had not arisen; or
3
(b) there was a defect or irregularity in connection with the
4
appointment; or
5
(c) the appointment had ceased to have effect; or
6
(d) the occasion to act had not arisen or had ceased.
7
Note:
See sections 20 and 33A of the Acts Interpretation Act 1901.
8
4 Paragraph 55(a)
9
Repeal the paragraph, substitute:
10
(a) the Commissioner or another member of the Commission; or
11
5 Subsection 58(1)
12
Omit "a member of the Commission" (wherever occurring), substitute
13
"the Commissioner or another member of the Commission,".
14
6 Subsection 60(6) (paragraph (a) of the definition of person
15
bound by this section because of office, employment or
16
authorisation)
17
Repeal the paragraph, substitute:
18
(a) the Commissioner or another member of the Commission; or
19
20
Amendments relating to age discrimination Schedule 2
Consequential amendments Part 2
Sex and Age Discrimination Legislation Amendment Bill 2010 No. , 2010 19
Part 2--Consequential amendments
1
Division 1--Amendments
2
Australian Human Rights Commission Act 1986
3
7 Subsection 3(1)
4
Insert:
5
Age Discrimination Commissioner means the Age Discrimination
6
Commissioner appointed under the Age Discrimination Act 2004.
7
8 Paragraph 8(1)(d)
8
Repeal the paragraph, substitute:
9
(d) the Sex Discrimination Commissioner; and
10
(e) the Age Discrimination Commissioner; and
11
9 Subsection 8(7)
12
After "Sex Discrimination Commissioner", insert ", Age Discrimination
13
Commissioner".
14
10 At the end of subsection 46PV(3)
15
Add:
16
; and (f) the Age Discrimination Commissioner.
17
Fair Work Act 2009
18
11 Section 12
19
Insert:
20
Age Discrimination Commissioner means the Age Discrimination
21
Commissioner appointed under the Age Discrimination Act 2004.
22
12 Paragraph 161(2)(a)
23
Omit "the Australian Human Rights Commission", substitute "the Age
24
Discrimination Commissioner".
25
13 Paragraph 218(2)(a)
26
Schedule 2 Amendments relating to age discrimination
Part 2 Consequential amendments
20 Sex and Age Discrimination Legislation Amendment Bill 2010 No. , 2010
Omit "the Australian Human Rights Commission", substitute "the Age
1
Discrimination Commissioner".
2
Division 2--Application of amendments
3
14 Amendment made by item 10
4
The amendment made by item 10 applies in relation to proceedings:
5
(a) that commence on or after the commencement of that item;
6
or
7
(b) that commenced before the commencement of that item, and
8
that had not been completed by that commencement.
9

 

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