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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Equal Opportunity Amendment Bill 2009
CONTENTS
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Heading to Part II amended 2
5. Section 10A inserted 2
10A. Discrimination on the ground of breast
feeding 2
6. Section 11 amended 3
7. Section 12 amended 4
8. Section 13 amended 4
9. Section 14 amended 4
10. Section 15 amended 5
11. Section 16 amended 5
12. Section 17 amended 5
13. Section 18 amended 5
14. Section 19 amended 6
15. Section 20 amended 6
16. Section 21 amended 6
17. Section 21A amended 6
18. Section 22 amended 7
19. Section 23 amended 7
20. Section 28 amended 7
21. Section 31 amended 8
046--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Hon. Michelle Roberts, MLA)
Equal Opportunity Amendment Bill 2009
A Bill for
An Act to amend the Equal Opportunity Act 1984 to prohibit
discrimination against mothers breast feeding in a public place, and
for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Equal Opportunity Amendment Bill 2009
s. 1
1 1. Short title
2 This is the Equal Opportunity Amendment Act 2009.
3 2. Commencement
4 This Act comes into operation as follows --
5 (a) sections 1 and 2 -- on the day on which this Act
6 receives the Royal Assent;
7 (b) the rest of the Act -- on the dates fixed by proclamation.
8 3. Act amended
9 This Act amends the Equal Opportunity Act 1984.
10 4. Heading to Part II amended
11 The heading to Part II is amended by deleting "or
12 pregnancy" and inserting instead:
13
14 , pregnancy or breast feeding
15
16 5. Section 10A inserted
17 After section 10 insert:
18
19 10A. Discrimination on the ground of breast feeding
20 (1) For the purposes of this Act a person (in this subsection
21 referred to as the discriminator) discriminates against
22 another person (in this subsection referred to as the
23 aggrieved person) on the ground of breast feeding if
24 on the ground of --
25 (a) aggrieved person breast feeding or bottle
26 feeding an infant or proposing to do so;
page 2
Equal Opportunity Amendment Bill 2009
s. 6
1 (b) a characteristic that appertains generally to
2 persons who are breast feeding or bottle
3 feeding; or
4 (c) a characteristic that is generally imputed to
5 persons who are breast feeding or bottle
6 feeding,
7 the discriminator treats the aggrieved person less
8 favourably than, in circumstances that are the same or
9 not materially different, the discriminator treats or
10 would treat a person who was not breast feeding or
11 bottle feeding; and
12 (2) For the purposes of this Act, a person (in this
13 subsection referred to as the discriminator)
14 discriminates against another person (in this subsection
15 referred to as the aggrieved person) on the ground of
16 breast feeding or bottle feeding if the discriminator
17 requires the aggrieved person to comply with a
18 requirement or condition --
19 (a) with which a substantially higher proportion of
20 persons who are not breast feeding or bottle
21 feeding comply or are able to comply;
22 (b) which is not reasonable having regard to the
23 circumstances of the case; and
24 (c) with which the aggrieved person does not or is
25 not able to comply.
26 6. Section 11 amended
27 (1) In section 11(1) delete "or pregnancy" and insert:
28
29 , pregnancy or breast feeding
30
page 3
Equal Opportunity Amendment Bill 2009
s. 7
1 (2) In section 11(2) delete "or pregnancy" and insert:
2
3 , pregnancy or breast feeding
4
5 7. Section 12 amended
6 (1) In section 12(1) delete "or pregnancy" and insert:
7
8 , pregnancy or breast feeding
9
10 (2) In section 12(2) delete "or pregnancy" and insert:
11
12 , pregnancy or breast feeding
13
14 8. Section 13 amended
15 In section 13(1) delete "or pregnancy" and insert:
16
17 , pregnancy or breast feeding
18
19 9. Section 14 amended
20 (1) In section 14(1) delete "or pregnancy" and insert:
21
22 , pregnancy or breast feeding
23
24 (2) In section 14(2) delete "or pregnancy" and insert:
25
26 , pregnancy or breast feeding
27
page 4
Equal Opportunity Amendment Bill 2009
s. 10
1 (3) In section 14(3) delete "or pregnancy" and insert:
2
3 , pregnancy or breast feeding
4
5 10. Section 15 amended
6 (1) In section 15(2) delete "or pregnancy" and insert:
7
8 , pregnancy or breast feeding
9
10 (2) In section 15(3) delete "or pregnancy" and insert:
11
12 , pregnancy or breast feeding
13
14 11. Section 16 amended
15 In section 16 delete "or pregnancy" and insert:
16
17 , pregnancy or breast feeding
18
19 12. Section 17 amended
20 In section 17 delete "or pregnancy" and insert:
21
22 , pregnancy or breast feeding
23
24 13. Section 18 amended
25 (1) In section 18(1) delete "or pregnancy" and insert:
26
27 , pregnancy or breast feeding
28
page 5
Equal Opportunity Amendment Bill 2009
s. 14
1 (2) In section 18(2) delete "or pregnancy" and insert:
2
3 , pregnancy or breast feeding
4
5 14. Section 19 amended
6 In section 19 delete "or pregnancy" and insert:
7
8 , pregnancy or breast feeding
9
10 15. Section 20 amended
11 In section 20 delete "or pregnancy" and insert:
12
13 , pregnancy or breast feeding
14
15 16. Section 21 amended
16 (1) In section 21(1) delete "or pregnancy" and insert:
17
18 , pregnancy or breast feeding
19
20 (2) In section 21(2) delete "or pregnancy" and insert:
21
22 , pregnancy or breast feeding
23
24 17. Section 21A amended
25 In section 21A(1) delete "or pregnancy" and insert:
26
27 , pregnancy or breast feeding
28
page 6
Equal Opportunity Amendment Bill 2009
s. 18
1 18. Section 22 amended
2 (1) In section 22(1) delete "or pregnancy" and insert:
3
4 , pregnancy or breast feeding
5
6 (2) In section 22(2) delete "or pregnancy" and insert:
7
8 , pregnancy or breast feeding
9
10 19. Section 23 amended
11 In section 23(1):
12 (a) delete "or pregnancy" and insert:
13
14 , pregnancy or breast feeding
15
16 (b) insert after "who are not pregnant,":
17
18 or persons who are not breast feeding or bottle feeding,
19
20 20. Section 28 amended
21 In section 28 delete "or childbirth" and insert:
22
23 , childbirth, breast feeding or bottle feeding
24
page 7
Equal Opportunity Amendment Bill 2009
s. 21
1 21. Section 31 amended
2 In section 31:
3 (a) delete in subparagraph (a) "or persons who are
4 pregnant" and insert:
5
6 , persons who are pregnant or persons who are breast
7 feeding or bottle feeding
8
9 (b) delete in subparagraph (b) "or persons who are
10 pregnant" and insert:
11
12 , persons who are pregnant or persons who are breast
13 feeding or bottle feeding
14
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