Victorian Current Acts

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RACIAL AND RELIGIOUS TOLERANCE ACT 2001 - SECT 30

Complaints lodged before commencement day

    (1)     This section applies to a complaint that was lodged with the Commissioner, but not finally dealt with before the commencement day.

    (2)     Part 3 of this Act as in force immediately before the commencement day and the old EO Act continue to apply to the complaint if the respondent was notified of the complaint under section 107 of the old EO Act before the commencement day, unless the parties to the complaint consent in writing to the complaint being dealt with as a dispute.

    (3)     If the parties to a complaint consent to the complaint being dealt with as a dispute—

        (a)     the complaint is taken to be a dispute; and

        (b)     the complainant is taken to have brought a dispute to the Commission for dispute resolution under Part 3; and

        (c)     anything done under Part 3 of this Act as in force immediately before the commencement day or the old EO Act in relation to the complaint is taken, to the extent it could have been done under Part 3, to have been done under Part 3.

    (4)     If the respondent had not been notified of the complaint under section 107 of the old EO Act before the commencement day—

        (a)     the complaint is taken to be a dispute; and

        (b)     the complainant is taken to have brought a dispute to the Commission under Part 3 for dispute resolution.

S. 31 substituted by No. 16/2010 s. 204 (as amended by No. 26/2011 s. 34(Sch. item 9.6)).



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