Commonwealth Numbered Acts

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1986 No. 126 of 1986 - SECT 5

5. (1) A reference in the Commission Act to a complaint to the Commission
shall be read as including a reference to a complaint made, before the
commencement time, to the former Commission, being a complaint that had not
been finally dealt with before the commencement time.

(2) Subject to sub-section (3), a reference in the Commission Act, or in any
other enactment, to an act or thing done by or to, or an instrument made by or
given to, the Commission, a member of the Commission, or a Minister, under a
provision of the Commission Act shall be read as including a reference to an
act or thing done by or to, or an instrument made by or given to, the former
Commission, a member of the former Commission, or a Minister, as the case may
be, before the commencement time, under the corresponding provision of the
repealed Act.

(3) Sub-section (2) does not apply in relation to a reference to-

   (a)  a declaration made by the Minister under section 18 of the Commission
        Act; or

   (b)  a declaration made by the Minister under section 47 of the Commission
        Act.

(4) Where, before the commencement time, the former Commission had commenced
to perform, in relation to a particular matter, a function conferred on the
former Commission by the repealed Act, but had not completed the performance
of that function-

   (a)  the Commission may continue and complete the performance of that
        function in relation to that matter as if the Commission Act had been
        in force at the time when the former Commission commenced to perform
        the function; and

   (b)  for the purposes of the performance of that function under paragraph
        (a), references in the Commission Act to a matter under examination or
        inquiry shall be read as including references to a matter under
        examination or inquiry by the Commission pursuant to that paragraph.

(5) Where, before the commencement time, a person had commenced to inquire
into an act or practice, or to investigate a particular aspect of an act or
practice, pursuant to a resolution by the former Commission under sub-section
13 (1) of the repealed Act but had not completed the inquiry or investigation,
the person may, after the commencement time, continue and complete the inquiry
or investigation as if the power to inquire into that act or practice, or
investigate that act or practice, had been delegated to the person under
section 19 of the Commission Act.