Commonwealth Numbered Acts

RACIAL DISCRIMINATION AMENDMENT ACT 1983 No. 38, 1983 - SECT 3

3. After section 6 of the Principal Act the following section is inserted:
Operation of State and Territory laws

''6A. (1) This Act is not intended, and shall be deemed never to have been
intended, to exclude or limit the operation of a law of a State or Territory
that furthers the objects of the Convention and is capable of operating
concurrently with this Act.

''(2) Where-

   (a)  a law of a State or Territory that furthers the objects of the
        Convention deals with a matter dealt with by this Act; and

   (b)  a person has, whether before or after the commencement of this
        section, made a complaint, instituted a proceeding or taken any other
        action under that law in respect of an act or omission in respect of
        which he would, but for this sub-section, have been entitled to make a
        complaint under this Act, the person shall be deemed never to have
        been, and is not, entitled to make a complaint or institute a
        proceeding under this Act in respect of that act or omission and any
        proceedings pending under this Act at the commencement of this section
        in respect of such a complaint made before that commencement are, by
        force of this sub-section, terminated.

''(3) Where-

   (a)  a law of a State or Territory that furthers the objects of the
        Convention deals with a matter dealt with by this Act; and

   (b)  an act or omission by a person that constitutes an offence against
        that law also constitutes an offence against this Act, the person may
        be prosecuted and convicted either under that law of the State or
        Territory or under this Act, but nothing in this sub-section renders a
        person liable to be punished more than once in respect of the same act
        or omission.''.
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