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This is a Bill, not an Act. For current law, see the Acts databases.


ANTI-DISCRIMINATION AMENDMENT BILL 2000

      Queensland




ANTI-DISCRIMINATION
AMENDMENT BILL 2000

 


 

 

Queensland ANTI-DISCRIMINATION AMENDMENT BILL 2000 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Insertion of new s 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3A Application of Act to ships connected with Queensland . . . . . . . . . 4 4 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Insertion of new s 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4A Meaning of "public act" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Insertion of new s 15A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 15A Discrimination by principals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Amendment of s 106A (Compulsory retirement age under legislation etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Insertion of new ch 4, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 PART 4--RACIAL AND RELIGIOUS VILIFICATION 124A Racial or religious vilification unlawful . . . . . . . . . . . . . . . . . . . . . . 7 9 Replacement of ch 5, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 PART 2--SERIOUS RACIAL AND RELIGIOUS VILIFICATION 126 Offence of serious racial or religious vilification . . . . . . . . . . . . . . . 7 126A Complaint to commissioner about contravention of s 126 . . . . . . . . 8 10 Amendment of s 193 (Complainant may withdraw complaint) . . . . . . . . . . 8 11 Insertion of new ss 226A and 226B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 226A Continuing prohibition on identity disclosure . . . . . . . . . . . . . . . . . . 9 226B Continuing restriction on publication of evidence . . . . . . . . . . . . . . 9

 


 

 

2000 A BILL FOR An Act to amend the Anti-Discrimination Act 1991

 


 

s1 4 s3 Anti-Discrimination Amendment The Parliament of Queensland enacts-- 1 title 2 Short 1. This Act may be cited as the Anti-Discrimination Amendment Act 3 2000. 4 amended 5 Act 2. This Act amends the Anti-Discrimination Act 1991. 6 of new s 3A 7 Insertion 3. After section 3-- 8 insert-- 9 of Act to ships connected with Queensland 10 `Application `3A.(1) Without limiting the extent to which this Act may otherwise 11 apply, it is declared that this Act applies to acts done on ships connected 12 with Queensland. 13 `(2) However, subsection (1) does not limit the laws of Queensland 14 providing for the application of the criminal law to offences committed at 15 sea.1 16 `(3) For this section, a ship is a ship connected with Queensland if-- 17 (a) it is registered under the Shipping Registration Act 1981 (Cwlth) 18 with a home port in Queensland; or 19 (b) it is, or is required to be, registered or licensed under the 20 Transport Operations (Marine Safety) Act 1994 or another Act; 21 or 22 (c) it is owned or chartered by-- 23 1 See for example the Criminal Code, section 14A (Offences committed on the high seas).

 


 

s4 5 s5 Anti-Discrimination Amendment (i) an individual whose place of residence, or principal place of 1 residence, is in Queensland; or 2 (ii) a person whose place of business, or principal place of 3 business, is in Queensland; or 4 (iii) a person whose principal place of business for managing the 5 ship's operations is in Queensland.'. 6 of s 4 (Definitions) 7 Amendment 4.(1) Section 4-- 8 insert-- 9 ` "public act" see section 4A.'. 10 (2) Section 4, definition "educational institution", from `at which 11 any'-- 12 omit, insert-- 13 `providing any form of training or instruction, and includes a place at 14 which training or instruction is provided by an employer.'. 15 of new s 4A 16 Insertion 5. After section 4-- 17 insert-- 18 of "public act" 19 `Meaning `4A.(1) A "public act" includes-- 20 (a) any form of communication to the public, including by speaking, 21 writing, printing, displaying notices, broadcasting, telecasting, 22 screening or playing of tapes or other recorded material, or by 23 electronic means; and 24 (b) any conduct that is observable by the public, including actions, 25 gestures and the wearing or display of clothing, signs, flags, 26 emblems or insignia. 27 `(2) Despite anything in subsection (1), a "public act" does not include 28 the distribution or dissemination of any matter by a person to the public if 29

 


 

s6 6 s7 Anti-Discrimination Amendment the person does not know, and could not reasonably be expected to know, 1 the content of the matter.'. 2 of new s 15A 3 Insertion 6. After section 15-- 4 insert-- 5 by principals 6 `Discrimination `15A.(1) This section applies if a person (the "worker") does work for 7 another person (the "principal") under or because of-- 8 (a) a contract between the principal and a third person; or 9 (b) another arrangement, or a series of arrangements, involving the 10 principal and a third person, whether or not the arrangement or 11 series of arrangements also involves other persons. 12 `(2) The principal must not discriminate against the worker-- 13 (a) in the terms in which the principal allows the worker to work; or 14 (b) by not allowing the worker to work or continue to work; or 15 (c) by denying or limiting access by the worker to any benefits 16 connected with the work; or 17 (d) by treating the worker unfavourably in any way in connection 18 with the work. 19 `(3) This section does not limit section 15.'. 20 of s 106A (Compulsory retirement age under legislation 21 Amendment etc.) 22 7.(1) Section 106A(1)(g)-- 23 omit. 24 (2) Section 106A(1)(h), `Fire Service Act 1990'-- 25 omit, insert-- 26 `Fire and Rescue Authority Act 1990'. 27

 


 

s8 7 s9 Anti-Discrimination Amendment of new ch 4, pt 4 1 Insertion 8. After section 124-- 2 insert-- 3 `PART 4--RACIAL AND RELIGIOUS VILIFICATION 4 or religious vilification unlawful 5 `Racial `124A.(1) A person must not, by a public act, incite hatred towards, 6 serious contempt for, or severe ridicule of, a person or group of persons on 7 the ground of the race or religion of the person or members of the group. 8 `(2) Subsection (1) does not make unlawful-- 9 (a) the publication of a fair report of a public act mentioned in 10 subsection (1); or 11 (b) the publication of material in circumstances in which the 12 publication would be subject to a defence of absolute privilege in 13 proceedings for defamation; or 14 (c) a public act, done reasonably and in good faith, for academic, 15 artistic, scientific or research purposes or for other purposes in the 16 public interest, including public discussion or debate about, and 17 expositions of, any act or matter.'. 18 of ch 5, pt 2 19 Replacement 9. Chapter 5, part 2-- 20 omit, insert-- 21 ART 2--SERIOUS RACIAL AND RELIGIOUS 22 `P VILIFICATION 23 of serious racial or religious vilification 24 `Offence `126. A person must not, by a public act, knowingly or recklessly incite 25 hatred towards, serious contempt for, or severe ridicule of, a person or 26 group of persons on the ground of the race or religion of the person or 27 members of the group in a way that includes-- 28

 


 

s 10 8 s 11 Anti-Discrimination Amendment (a) threatening physical harm towards, or towards any property of, 1 the person or group of persons; or 2 (b) inciting others to threaten physical harm towards, or towards any 3 property of, the person or group of persons. 4 Maximum penalty-- 5 (a) for an individual--70 penalty units or 6 months imprisonment; 6 (b) for a corporation--350 penalty units. 7 to commissioner about contravention of s 126 8 `Complaint `126A.(1) This section applies if, under chapter 7, part 1, division 1, a 9 complaint is made to the commissioner about an alleged contravention of 10 section 126. 11 `(2) For the purpose of the complaint mentioned in subsection (1) being 12 dealt with under this Act, the complaint is taken to be a complaint about an 13 alleged contravention of section 124A. 14 `(3) However, nothing in subsection (2) stops the commissioner from-- 15 (a) also dealing with the complaint mentioned in subsection (1) as an 16 allegation, for section 155(2)(b), that an offence against 17 section 126 has been committed; and 18 (b) if appropriate, prosecuting the offence under section 226.'. 19 of s 193 (Complainant may withdraw complaint) 20 Amendment 10. Section 193(3), `commissioner'-- 21 omit, insert-- 22 `tribunal'. 23 of new ss 226A and 226B 24 Insertion 11. Chapter 7, part 4, division 5-- 25 insert-- 26

 


 

s 11 9 s 11 Anti-Discrimination Amendment prohibition on identity disclosure 1 `Continuing `226A.(1) This section applies if-- 2 (a) under section 191(1),2 the tribunal makes an order prohibiting the 3 disclosure of the identity of a person (the "relevant person"); 4 and 5 (b) a court is hearing-- 6 (i) a prosecution for an offence under section 191(2) relating to 7 the order; or 8 (ii) an appeal relating to a prosecution for an offence under 9 section 191(2) relating to the order; and 10 (c) the court considers that the preservation of the anonymity of the 11 relevant person is necessary to protect the work security, privacy 12 or any human right of the relevant person. 13 `(2) The court may make an order prohibiting the disclosure of the 14 relevant person's identity. 15 `(3) A contravention of an order made under subsection (2) is a contempt 16 of the court. 17 restriction on publication of evidence 18 `Continuing `226B.(1) This section applies if-- 19 (a) under section 192(1),3 the tribunal makes an order that oral or 20 documentary evidence (the "relevant evidence") must not be 21 published, except as directed by the tribunal; and 22 (b) a court is hearing-- 23 (i) a prosecution for an offence under section 192(2) relating to 24 the order; or 25 (ii) an appeal relating to a prosecution for an offence under 26 section 192(2) relating to the order; and 27 2 Section 191 (Anonymity) 3 Section 192 (Publication of evidence may be restricted)

 


 

s 11 10 s 11 Anti-Discrimination Amendment (c) the court considers that, in the circumstances, a court order that 1 the relevant evidence must not be published, except as directed by 2 the court, should be made. 3 `(2) The court may make an order that the relevant evidence must not be 4 published, except as directed by the court. 5 `(3) A contravention of an order made under subsection (2) is a contempt 6 of the court.'. 7 8 State of Queensland 2000

 


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