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This is a Bill, not an Act. For current law, see the Acts databases.
DISCRIMINATION AMENDMENT BILL 2004 (NO 2)
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Discrimination
Amendment Bill 2004 (No 2)
A Bill for
An Act to amend the
Discrimination Act
1991
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
1 Name of Act
This Act is the Discrimination Amendment Act 2004 (No 2).
2 Commencement
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
3 Legislation amended
This Act amends the Discrimination Act 1991.
4 Section 27
substitute
27 Measures intended to achieve
equality
(1) Part 3 does not make it unlawful to do an act if a purpose of the act
is—
(a) to ensure that members of a relevant class of people have equal
opportunities with other people; or
(b) to give members of a relevant class of people access to facilities,
services or opportunities to meet the special needs they have as members of the
relevant class.
(2) However, subsection (1) does not make it lawful to do an act for a
purpose mentioned in that subsection if the act discriminates against a member
of the relevant class in a way that is not reasonable for the achievement of
that purpose.
Example for s (1) (a)
An employer runs a management skills development course for female
employees only. Part 3 does not make this unlawful if a purpose is to ensure
that women have equal opportunities (in this case, for career development) with
men. Women are ‘members of a relevant class of people’
(relevant class of people is defined in the dict) because they are
a class of people whose members are identified by reference to an
attribute mentioned in s 7, in this case, sex in s 7 (1) (a).
Example for s (1) (b)
A health clinic provides speech therapy for autistic children only. Part 3
does not make this unlawful if a purpose is to give autistic children access to
a service that meets their special needs as autistic children. Autistic
children are ‘members of a relevant class of people’ because they
are a class of people whose members are identified by reference to 2
attributes mentioned in s 7, in this case, disability in s 7 (1) (j) and
age in s 7 (1) (l) (the Legislation Act, s 145 (b) provides that words in the
singular include the plural ie ‘attribute’ in the def of
relevant class of people can mean
‘attributes’).
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2004.
2 Notification
Notified under the Legislation Act on 2004.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2004
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