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This is a Bill, not an Act. For current law, see the Acts databases.
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Sex Discrimination Amendment (Sexual
Orientation, Gender Identity and
Intersex Status) Bill 2013
No. , 2013
(Attorney-General)
A Bill for an Act to amend the Sex Discrimination
Act 1984, and for related purposes
i Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status)
Bill 2013 No. , 2013
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Amendments
3
Part 1--Amendment of the Sex Discrimination Act 1984
3
Sex Discrimination Act 1984
3
Part 2--Amendments of other Acts
13
Migration Act 1958
13
Part 3--Application of amendments
14
Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill
2013 No. , 2013 1
A Bill for an Act to amend the Sex Discrimination
1
Act 1984, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Sex Discrimination Amendment
5
(Sexual Orientation, Gender Identity and Intersex Status) Act 2013.
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 Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status)
Bill 2013 No. , 2013
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
A single day to be fixed by Proclamation.
However, if 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
Amendments Schedule 1
Amendment of the Sex Discrimination Act 1984 Part 1
Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill
2013 No. , 2013 3
Schedule 1
--
Amendments
1
Part 1
--
Amendment of the Sex Discrimination Act
2
1984
3
Sex Discrimination Act 1984
4
1 Title
5
Omit "marital status", substitute "sexual orientation, gender identity,
6
intersex status, marital or relationship status".
7
2 Preamble
8
Omit "marital status" (wherever occurring), substitute "sexual
9
orientation, gender identity, intersex status, marital or relationship
10
status".
11
3 Paragraph 3(b)
12
Omit "marital status", substitute "sexual orientation, gender identity,
13
intersex status, marital or relationship status".
14
4 Subsection 4(1)
15
Insert:
16
de facto partner has the meaning given by the Acts Interpretation
17
Act 1901.
18
5 Subsection 4(1) (definition of de facto spouse)
19
Repeal the definition.
20
6 Subsection 4(1)
21
Insert:
22
gender identity means the gender-related identity, appearance or
23
mannerisms or other gender-related characteristics of a person
24
(whether by way of medical intervention or not), with or without
25
regard to the person's designated sex at birth.
26
7 Subsection 4(1)
27
Insert:
28
Schedule 1 Amendments
Part 1 Amendment of the Sex Discrimination Act 1984
4 Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status)
Bill 2013 No. , 2013
intersex status means the status of having physical, hormonal or
1
genetic features that are:
2
(a) neither wholly female nor wholly male; or
3
(b) a combination of female and male; or
4
(c) neither female nor male.
5
8 Subsection 4(1) (definition of man)
6
Repeal the definition.
7
9 Subsection 4(1)
8
Insert:
9
marital or relationship status means a person's status of being any
10
of the following:
11
(a) single;
12
(b) married;
13
(c) married, but living separately and apart from his or her
14
spouse;
15
(d) divorced;
16
(e) the de facto partner of another person;
17
(f) the de facto partner of another person, but living separately
18
and apart from that other person;
19
(g) the former de facto partner of another person;
20
(h) the surviving spouse or de facto partner of a person who has
21
died.
22
10 Subsection 4(1) (definition of marital status)
23
Repeal the definition.
24
11 Subsection 4(1) (paragraph (b) of the definition of near
25
relative)
26
Omit "de facto spouse", substitute "de facto partner".
27
12 Subsection 4(1)
28
Insert:
29
sexual orientation means a person's sexual orientation towards:
30
(a) persons of the same sex; or
31
(b) persons of a different sex; or
32
Amendments Schedule 1
Amendment of the Sex Discrimination Act 1984 Part 1
Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill
2013 No. , 2013 5
(c) persons of the same sex and persons of a different sex.
1
13 Subsection 4(1)
2
Insert:
3
surviving spouse or de facto partner of a person who has died
4
means a person who was the person's spouse or de facto partner
5
immediately before the person died.
6
14 Subsection 4(1) (definition of woman)
7
Repeal the definition.
8
15 Subsection 4A(2) (definition of de facto partner)
9
Repeal the definition.
10
16 Subsection 5(1)
11
Omit "the opposite sex", substitute "a different sex".
12
17 After section 5
13
Insert:
14
5A Discrimination on the ground of sexual orientation
15
(1) For the purposes of this Act, a person (the discriminator)
16
discriminates against another person (the aggrieved person) on the
17
ground of the aggrieved person's sexual orientation if, by reason
18
of:
19
(a) the aggrieved person's sexual orientation; or
20
(b) a characteristic that appertains generally to persons who have
21
the same sexual orientation as the aggrieved person; or
22
(c) a characteristic that is generally imputed to persons who have
23
the same sexual orientation as the aggrieved person;
24
the discriminator treats the aggrieved person less favourably than,
25
in circumstances that are the same or are not materially different,
26
the discriminator treats or would treat a person who has a different
27
sexual orientation.
28
(2) For the purposes of this Act, a person (the discriminator)
29
discriminates against another person (the aggrieved person) on the
30
ground of the aggrieved person's sexual orientation if the
31
Schedule 1 Amendments
Part 1 Amendment of the Sex Discrimination Act 1984
6 Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status)
Bill 2013 No. , 2013
discriminator imposes, or proposes to impose, a condition,
1
requirement or practice that has, or is likely to have, the effect of
2
disadvantaging persons who have the same sexual orientation as
3
the aggrieved person.
4
(3) This section has effect subject to sections 7B and 7D.
5
5B Discrimination on the ground of gender identity
6
(1) For the purposes of this Act, a person (the discriminator)
7
discriminates against another person (the aggrieved person) on the
8
ground of the aggrieved person's gender identity if, by reason of:
9
(a) the aggrieved person's gender identity; or
10
(b) a characteristic that appertains generally to persons who have
11
the same gender identity as the aggrieved person; or
12
(c) a characteristic that is generally imputed to persons who have
13
the same gender identity as the aggrieved person;
14
the discriminator treats the aggrieved person less favourably than,
15
in circumstances that are the same or are not materially different,
16
the discriminator treats or would treat a person who has a different
17
gender identity.
18
(2) For the purposes of this Act, a person (the discriminator)
19
discriminates against another person (the aggrieved person) on the
20
ground of the aggrieved person's gender identity if the
21
discriminator imposes, or proposes to impose, a condition,
22
requirement or practice that has, or is likely to have, the effect of
23
disadvantaging persons who have the same gender identity as the
24
aggrieved person.
25
(3) This section has effect subject to sections 7B and 7D.
26
5C Discrimination on the ground of intersex status
27
(1) For the purposes of this Act, a person (the discriminator)
28
discriminates against another person (the aggrieved person) on the
29
ground of the aggrieved person's intersex status if, by reason of:
30
(a) the aggrieved person's intersex status; or
31
(b) a characteristic that appertains generally to persons of
32
intersex status; or
33
Amendments Schedule 1
Amendment of the Sex Discrimination Act 1984 Part 1
Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill
2013 No. , 2013 7
(c) a characteristic that is generally imputed to persons of
1
intersex status;
2
the discriminator treats the aggrieved person less favourably than,
3
in circumstances that are the same or are not materially different,
4
the discriminator treats or would treat a person who is not of
5
intersex status.
6
(2) For the purposes of this Act, a person (the discriminator)
7
discriminates against another person (the aggrieved person) on the
8
ground of the aggrieved person's intersex status if the
9
discriminator imposes, or proposes to impose, a condition,
10
requirement or practice that has, or is likely to have, the effect of
11
disadvantaging persons of intersex status.
12
(3) This section has effect subject to sections 7B and 7D.
13
18 Section 6 (heading)
14
Omit "marital status", substitute "marital or relationship status".
15
19 Subsections 6(1) and (2)
16
Omit "marital status" (wherever occurring), substitute "marital or
17
relationship status".
18
20 Subsection 7B(1)
19
After "5(2),", insert "5A(2), 5B(2), 5C(2),".
20
21 Subsection 7B(1)
21
Omit "or section 7A".
22
22 Paragraph 7D(1)(b)
23
Repeal the paragraph, substitute:
24
(aa) people who have different sexual orientations; or
25
(ab) people who have different gender identities; or
26
(ac) people who are of intersex status and people who are not; or
27
(b) people who have different marital or relationship statuses; or
28
23 Subsection 7D(2)
29
After "5,", insert "5A, 5B, 5C,".
30
Schedule 1 Amendments
Part 1 Amendment of the Sex Discrimination Act 1984
8 Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status)
Bill 2013 No. , 2013
24 Section 8
1
After "5(1),", insert "5A(1), 5B(1), 5C(1),".
2
25 Subsection 10(2)
3
Omit "discrimination on the ground of marital status", substitute
4
"discrimination on the ground of sexual orientation, discrimination on
5
the ground of gender identity, discrimination on the ground of intersex
6
status, discrimination on the ground of marital or relationship status".
7
26 Subsection 11(2)
8
Omit "discrimination on the ground of marital status", substitute
9
"discrimination on the ground of sexual orientation, discrimination on
10
the ground of gender identity, discrimination on the ground of intersex
11
status, discrimination on the ground of marital or relationship status".
12
27 Subsections 14(1) and (2)
13
Omit "marital status", substitute "sexual orientation, gender identity,
14
intersex status, marital or relationship status".
15
28 Subsection 14(4)
16
Omit "or marital status", substitute ", sexual orientation or marital or
17
relationship status".
18
29 Subsections 15(1) and (2)
19
Omit "marital status", substitute "sexual orientation, gender identity,
20
intersex status, marital or relationship status".
21
30 Section 16
22
Omit "marital status", substitute "sexual orientation, gender identity,
23
intersex status, marital or relationship status".
24
31 Subsections 17(1), (2) and (3)
25
Omit "marital status", substitute "sexual orientation, gender identity,
26
intersex status, marital or relationship status".
27
32 Section 18
28
Omit "marital status", substitute "sexual orientation, gender identity,
29
intersex status, marital or relationship status".
30
Amendments Schedule 1
Amendment of the Sex Discrimination Act 1984 Part 1
Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill
2013 No. , 2013 9
33 Subsections 19(1) and (2)
1
Omit "marital status", substitute "sexual orientation, gender identity,
2
intersex status, marital or relationship status".
3
34 Section 20
4
Omit "marital status", substitute "sexual orientation, gender identity,
5
intersex status, marital or relationship status".
6
35 Subsections 21(1) and (2)
7
Omit "marital status", substitute "sexual orientation, gender identity,
8
intersex status, marital or relationship status".
9
36 Paragraphs 21(3)(a) and (b)
10
Omit "the opposite sex to", substitute "a different sex from".
11
37 Subsection 22(1)
12
Omit "marital status", substitute "sexual orientation, gender identity,
13
intersex status, marital or relationship status".
14
38 Subsections 23(1) and (2)
15
Omit "marital status", substitute "sexual orientation, gender identity,
16
intersex status, marital or relationship status".
17
39 Paragraph 23(3)(c)
18
Omit "a particular marital status or particular marital statuses",
19
substitute "one or more particular marital or relationship statuses".
20
40 Subsection 24(1)
21
Omit "marital status", substitute "sexual orientation, gender identity,
22
intersex status, marital or relationship status".
23
41 Subsections 25(1) and (2)
24
Omit "marital status", substitute "sexual orientation, gender identity,
25
intersex status, marital or relationship status".
26
42 Subsection 25(3)
27
Omit "the opposite sex", substitute "a different sex".
28
Schedule 1 Amendments
Part 1 Amendment of the Sex Discrimination Act 1984
10 Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex
Status) Bill 2013 No. , 2013
43 Subsection 26(1)
1
Omit "marital status", substitute "sexual orientation, gender identity,
2
intersex status, marital or relationship status".
3
44 Paragraph 27(1)(b)
4
Omit "marital status", substitute "sexual orientation, gender identity,
5
intersex status, marital or relationship status".
6
45 Subparagraphs 27(1)(c)(i) and (ii)
7
Repeal the subparagraphs, substitute:
8
(i) of a different sex; or
9
(ia) who have a different sexual orientation; or
10
(ib) who have a different gender identity; or
11
(ic) who are not of intersex status; or
12
(ii) who have a different marital or relationship status; or
13
46 Paragraph 28A(1A)(a)
14
Omit "marital status, sexual preference", substitute "sexual orientation,
15
gender identity, intersex status, marital or relationship status".
16
47 Subsections 30(1) and (2)
17
Omit "the opposite sex to" (wherever occurring), substitute "a different
18
sex from".
19
48 Subsection 35(2)
20
Omit "marital status", substitute "marital or relationship status".
21
49 Paragraph 35(2)(b)
22
After "spouse", insert "or de facto partner".
23
50 Subsections 38(1), (2) and (3)
24
Omit "marital status", substitute "sexual orientation, gender identity,
25
marital or relationship status".
26
51 Section 39
27
Omit "marital status", substitute "sexual orientation, gender identity,
28
intersex status, marital or relationship status".
29
Amendments Schedule 1
Amendment of the Sex Discrimination Act 1984 Part 1
Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill
2013 No. , 2013 11
52 After subsection 40(2)
1
Insert:
2
(2A) Nothing in Division 1 or 2, as applying by reference to section 5A,
3
5B, 5C or 6, affects anything done by a person in direct compliance
4
with the Marriage Act 1961.
5
(2B) Nothing in Division 1 or 2, as applying by reference to section 5A,
6
5B or 5C, affects anything done by a person in direct compliance
7
with a law of the Commonwealth, or of a State or Territory, that is
8
prescribed by the regulations for the purpose of this subsection.
9
53 Subsection 41A(1)
10
Omit "marital status" (wherever occurring), substitute "marital or
11
relationship status".
12
54 Subparagraph 41A(1)(b)(ii)
13
Omit "no spouse (whether legal or de facto)", substitute "no spouse
14
or de facto partner".
15
55 Paragraph 41A(2)(b)
16
Omit "marital status", substitute "marital or relationship status".
17
56 Paragraph 41A(2)(b)
18
Omit "discrimination; and", substitute "discrimination.".
19
57 Paragraph 41A(2)(c)
20
Repeal the paragraph.
21
58 Subsections 41B(3) and (4)
22
Omit "marital status", substitute "marital or relationship status".
23
59 Subsection 42(1)
24
Omit "exclude persons of one sex", substitute "discriminate on the
25
ground of sex, gender identity or intersex status by excluding persons".
26
60 After section 43
27
Insert:
28
Schedule 1 Amendments
Part 1 Amendment of the Sex Discrimination Act 1984
12 Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex
Status) Bill 2013 No. , 2013
43A Requests for information and keeping of records: not allowing
1
for identifying as being neither male nor female
2
(1) The making of a request for information is not unlawful under
3
Division 1 or 2 merely because the request does not allow for a
4
person to identify as being neither male nor female.
5
(2) Nothing in Division 1 or 2 makes it unlawful to make or keep
6
records in a way that does not provide for a person to be identified
7
as being neither male nor female.
8
61 Paragraphs 48(1)(g), (ga) and (gb)
9
Omit "marital status", substitute "sexual orientation, gender identity,
10
intersex status, marital or relationship status".
11
Amendments Schedule 1
Amendments of other Acts Part 2
Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill
2013 No. , 2013 13
Part 2
--
Amendments of other Acts
1
Migration Act 1958
2
62 Section 507 (heading)
3
Omit "Marital status", substitute "Marital or relationship status".
4
63 Subsection 507(2)
5
Omit "marital status", substitute "marital or relationship status".
6
Schedule 1 Amendments
Part 3 Application of amendments
14 Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex
Status) Bill 2013 No. , 2013
Part 3
--
Application of amendments
1
64 Application of amendments
2
The amendments of the Sex Discrimination Act 1984 made by this
3
Schedule apply in relation to acts or omissions occurring after the
4
commencement of this Schedule.
5
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