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FAIR WORK ACT 2009 - SECT 789HB

Extension of anti - discrimination rules

  (1)   Subsection   (3) applies for the purposes of the operation of the provisions identified in subsection   (2) in relation to breastfeeding, gender identity or intersex status.

  (2)   The provisions are as follows:

  (a)   section   153;

  (b)   section   172A;

  (c)   section   195;

  (d)   section   351.

  (3)   In applying sections   30H and 30S in relation to that operation of the provisions identified in subsection   (2), assume that:

  (a)   the matter to which that operation of those provisions relates is not an excluded subject matter for the purposes of:

  (i)   the State's referral law mentioned in sections   30H and 30S; and

  (ii)   Divisions   2A and 2B of Part   1 - 3; and

  (b)   the referral of that matter by that referral law results in the Parliament of the Commonwealth having sufficient legislative power for those provisions (to the extent of that operation) to have effect.


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