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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 48
As laid on the table and read a first time,
Equal
Opportunity (Genetic Impairment) Amendment Bill 2006
A Bill For
An Act to amend the Equal Opportunity Act 1984.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Equal
Opportunity Act 1984
4 Amendment of long title
5 Amendment of section 5—Interpretation
6 Substitution of heading to Part 5
7 Amendment of section 66—Criteria for
establishing discrimination on the ground of impairment
8 Amendment of section 71—Exemption
9 Amendment of section 73—Discrimination
by qualifying bodies
10 Amendment of section 78—Superannuation
schemes and provident funds
11 Amendment of section 79—Exemption in
relation to salary etc
12 Amendment of
section 85—Exemption in relation to insurance etc
The Parliament of
This Act may be cited as the Equal Opportunity (Genetic
Impairment) Amendment Act 2006.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Equal Opportunity Act 1984
Long title—delete "or
intellectual" and substitute:
, intellectual or genetic
5—Amendment of section 5—Interpretation
(1) Section 5(1), definition of impairment—delete
the definition and substitute:
genetic impairment means a genetic predisposition or
susceptibility to a disease or disorder that has not manifested itself in any
symptoms of a disease or disorder;
impairment means—
(a) physical impairment; or
(b) intellectual impairment; or
(c) genetic impairment;
(2) Section 5(1), definition of physical
impairment—after "intellectual" insert:
or genetic
6—Substitution of heading to Part 5
Heading to Part 5—delete the heading and
substitute:
Part 5—Prohibition of discrimination on
the ground of physical impairment, intellectual impairment or genetic
impairment
7—Amendment of section 66—Criteria for establishing discrimination on the ground of impairment
(1) Section 66—after "on the ground
of" insert:
physical or intellectual
(2) Section 66(a)—before
"impairment", wherever occurring, insert:
physical or intellectual
(3) Section 66(b)(i)—delete "an impairment", wherever occurring,
and substitute:
a physical or intellectual impairment
(4) Section 66(c)—delete "an
impairment", wherever occurring, and substitute:
a physical or intellectual impairment
(5) Section 66(d)(i)—before "impairment" insert:
physical or intellectual
(6) Section 66 (d)(ii)—before
"impairment" insert:
physical or intellectual
(7) Section 66—after its present contents as
amended by this section (now to be designated as subsection (1)) insert:
(2) For
the purposes of this Act, a person discriminates on the ground of genetic
impairment if he or she treats another unfavourably because of the other's
genetic impairment or presumed genetic impairment.
8—Amendment of section 71—Exemption
(1) Section 71(1)—after "does not
apply" insert:
to discrimination on the ground of physical or intellectual
impairment
(2) Section 71(2)—after "on the ground
of" insert:
physical or intellectual
9—Amendment of section 73—Discrimination by qualifying bodies
Section 73(2)—after "on the ground
of" insert:
physical or intellectual
10—Amendment of section 78—Superannuation schemes and provident funds
(1) Section 78(1)—after "on the ground
of" insert:
physical or intellectual
(2) Section 78—after subsection (1) insert:
(1a) It is unlawful for
a person who provides a superannuation scheme or provident fund to discriminate
against a person on the ground of genetic impairment—
(a) by providing a scheme or fund that discriminates or, if the
other person were to become a member of the scheme or fund would discriminate,
or require or authorise discrimination against the other person; or
(b) in the manner in which the scheme or fund is administered.
(3) Section 78(2)—delete "Subsection (1)
does" and substitute:
Subsections (1) and (1a) do
11—Amendment of section 79—Exemption in relation to salary etc
Section 79—after "persons who have"
insert:
physical or intellectual
12—Amendment of section 85—Exemption in relation to insurance etc
Section 85—after "on the ground
of" insert:
physical or intellectual