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Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 1

3............ Schedule(s).......................................................................................... 2

Schedule 1—The Human Rights and Equal Opportunity Commission      3

Part 1—Human Rights and Equal Opportunity Commission Act 1986        3

Part 2—Disability Discrimination Act 1992                                                           14

Part 3—Privacy Act 1988                                                                                            17

Part 4—Privacy Amendment (Office of the Privacy Commissioner) Act 1999             18

Part 5—Racial Discrimination Act 1975                                                                 20

Part 6—Sex Discrimination Act 1984                                                                      24

Part 7—Application and transitional                                                                         27

Schedule 2—Amendment of other Acts                                                                     29

Part 1—References to the Human Rights and Equal Opportunity Commission Act 1986        29

Crimes (Torture) Act 1988                                                                                        29

Defence Act 1903                                                                                                        29

Evidence Act 1995                                                                                                      29

Federal Court of Australia Act 1976                                                                      29

Housing Assistance Act 1996                                                                                   29

Human Rights (Sexual Conduct) Act 1994                                                           30

Inspector-General of Intelligence and Security Act 1986                                  30

Remuneration Tribunal Act 1973                                                                            30

Supported Accommodation Assistance Act 1994                                                 30

Workplace Relations Act 1996                                                                                30

Part 2—Other amendments                                                                                          31

Crimes Act 1914                                                                                                          31

Defence Act 1903                                                                                                        31

Inspector-General of Intelligence and Security Act 1986                                  31

Native Title Act 1993                                                                                                 31

Remuneration and Allowances Act 1990                                                               32

Remuneration Tribunal Act 1973                                                                            32

Workplace Relations Act 1996                                                                                32

 



A Bill for an Act to rename the Human Rights and Equal Opportunity Commission, amend the law relating to human rights, and for related purposes

The Parliament of Australia enacts:

1   Short title

                   This Act may be cited as the Human Rights Legislation Amendment Act (No. 2) 1999 .

2   Commencement

             (1)  Subject to this section, this Act commences on a day to be fixed by Proclamation.

             (2)  That day must be after the first day on which all of the items of Schedule 1 to the Human Rights Legislation Amendment Act (No. 1) 1999 have commenced.

             (3)  If this Act does not commence under subsection (1) within the period of 6 months beginning on the later of the following days:

                     (a)  the day on which this Act receives the Royal Assent;

                     (b)  the day on which the Human Rights Legislation Amendment Act (No. 1) 1999 receives the Royal Assent;

this Act commences on the second day after the end of that period.

             (4)  If the Privacy Amendment (Office of the Privacy Commissioner) Act 1999 has already commenced when this section commences, items 13, 16, 90, 95 and 96, and Part 4, of Schedule 1 and item 20 of Schedule 2 do not commence.

             (5)  If the Privacy Amendment (Office of the Privacy Commissioner) Act 1999 has not already commenced when this section commences, item 17 and Part 4 of Schedule 1 commence immediately after that Act commences.

3  Schedule(s )

                   Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.



 

Note:       For a further amendment of this Act, see Part 2 of Schedule 2.

1  Title

Omit “ Equal Opportunity ” (first occurring), substitute “ Responsibilities ”.

2  Section 1

Omit “ Equal Opportunity ”, substitute “ Responsibilities ”.

3  Subsection 3(1) (definition of appointed member )

Repeal the definition.

4  Subsection 3(1) (definition of Commission )

Omit “Equal Opportunity”, substitute “Responsibilities”.

5  Subsection 3(1)

Insert:

Deputy President means a Deputy President of the Commission.

6  Subsection 3(1) (definition of Disability Discrimination Commissioner )

Repeal the definition.

7  Subsection 3(1) (definition of member )

Repeal the definition.

8  Subsection 3(1) (definition of Race Discrimination Commissioner )

Repeal the definition.

9  Subsection 3(1) (definition of Sex Discrimination Commissioner )

Repeal the definition.

10  Part II (heading)

Repeal the heading, substitute:

11  Subsection 7(1)

Omit “Equal Opportunity”, substitute “Responsibilities”.

Note:       The heading to section 7 is altered by omitting “ Equal Opportunity ” and substituting “ Responsibilities ”.

12  Subsection 8(1)

Repeal the subsection, substitute:

             (1)  The Commission consists of the following members:

                     (a)  a President; and

                     (b)  a Deputy President responsible for human rights and disability discrimination; and

                     (c)  a Deputy President responsible for racial discrimination and social justice; and

                     (d)  a Deputy President responsible for sex discrimination and equal opportunity.

13  After subsection 8(1)

Insert:

          (1A)  The Privacy Commissioner is a member of the Commission until the Privacy Amendment (Office of the Privacy Commissioner) Act 1999 commences.

14  Subsection 8(6)

Omit “31(b)”, substitute “31(1)(b)”.

15  Subsection 8(6)

Omit “31(k)”, substitute “31(1)(k)”.

16  Subsection 8(7)

Omit all the words after “office of”, substitute “the President or a Deputy President or of the Privacy Commissioner”.

17  Subsection 8(7)

Omit all the words after “office of”, substitute “the President or a Deputy President”.

18  Subsection 8B(1)

Omit “The Human Rights Commissioner”, substitute “Each Deputy President”.

Note:       The heading to section 8B is replaced by the heading “ The Deputy Presidents ”.

19  Subsection 8B(2)

Omit “the Human Rights Commissioner”, substitute “a Deputy President”.

20  Before paragraph 11(1)(a)

Insert:

                  (aaa)  to promote an understanding and acceptance, and the public discussion, of human rights in Australia and of the responsibility of persons and organisations to respect those rights;

                  (aab)  to disseminate information on human rights and on the responsibility of persons and organisations to respect those rights;

                  (aac)  to undertake research and educational programs and other programs, on behalf of the Commonwealth, for the purpose of promoting human rights, and to co-ordinate any such programs undertaken by any other persons or authorities on behalf of the Commonwealth;

                  (aad)  to prepare, and to publish in the manner the Commission considers appropriate, guidelines for avoiding acts or practices of a kind in respect of which the Commission has a function under paragraph (f);

21  Paragraph 11(1)(a)

After “by”, insert “the Disability Discrimination Act 1992 ,”.

22  Paragraph 11(1)(d)

Omit “section 31”, substitute “subsection 31(1)”.

23  Paragraphs 11(1)(g), (h) and (n)

Repeal the paragraphs.

24  Paragraph 11(1)(o)

After “issues”, insert “, but only if the Attorney-General has approved the intervention (see subsection (5))”.

25  At the end of section 11

Add:

             (5)  In deciding whether to approve of the Commission intervening in proceedings mentioned in paragraph (1)(o), the Attorney-General may (but need not) have regard to the following matters:

                     (a)  whether the Commonwealth, or a person on behalf of the Commonwealth, has already intervened in the proceedings;

                     (b)  whether, in the Attorney-General’s opinion, the proceedings may affect to a significant extent the human rights of, or involve significant issues of discrimination against, persons who are not parties to them;

                     (c)  whether, in the Attorney-General’s opinion, the proceedings have significant implications for the administration of this Act, the Disability Discrimination Act 1992 , the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984 ;

                     (d)  whether, in the Attorney-General’s opinion, there are special circumstances such that it would be in the public interest for the Commission to intervene.

This subsection does not, by implication, limit the matters to which the Attorney-General may have regard.

26  Section 17

Repeal the section.

27  At the end of subsections 19(1) and (2)

Add “or any other law”.

28  Subsections 19(2A) and (2B)

Repeal the subsections, substitute:

          (2A)  Subsection (2) does not allow the President to delegate to another member of the Commission:

                     (a)  any of the President’s powers under Part IIB or IIC; or

                     (b)  any of the President’s powers relating to functions of the Commission under paragraphs 11(1)(f) and 11(1)(p) that are to be performed by the President because of subsection 8(6); or

                     (c)  any of the President’s powers relating to functions of the Commission under paragraphs 31(1)(b) and 31(1)(k) that are to be performed by the President because of subsection 8(6).

29  After subsection 19(2C)

Insert:

             (3)  To avoid doubt, subsection 8(1) does not limit the ability of the Commission or the President to delegate under this section powers to a member of the Commission.

30  Subsection 19(6)

Repeal the subsection.

31  Subsection 24(1A)

Omit “Aboriginal and Torres Strait Islander Social Justice Commissioner”, substitute “Commission”.

32  Subsection 24(1A)

After “Part IIA”, insert “(relating to Aboriginal persons and Torres Strait Islanders)”.

33  Paragraph 29(2)(c)

Repeal the paragraph, substitute:

                     (c)  may include in the notice any recommendation by the Commission that action (other than the payment of compensation or damages to any person) be taken to remedy or reduce loss or damage suffered by a person as a result of the act or practice; and

34  Before paragraph 31(a)

Insert:

                    (aa)  to promote an understanding and acceptance, and the public discussion, of equality of opportunity and treatment in employment and occupation in Australia and of the responsibility of persons and organisations to respect that equality;

                    (ab)  to disseminate information on equality of opportunity and treatment in employment and occupation and on the responsibility of persons and organisations to respect that equality;

                    (ac)  to undertake research and educational programs and other programs, on behalf of the Commonwealth, for the purpose of promoting that equality, and to co-ordinate any such programs undertaken by any other persons or authorities on behalf of the Commonwealth;

                    (ad)  to prepare, and to publish in the manner the Commission considers appropriate, guidelines for avoiding acts or practices of a kind in respect of which the Commission has a function under paragraph (b);

35  Paragraphs 31(c), (d) and (h)

Repeal the paragraphs.

36  At the end of paragraph 31(j)

Add “, but only if the Attorney-General has approved the intervention (see subsection (2))”.

37  At the end of section 31

Add:

             (2)  In deciding whether to approve of the Commission intervening in proceedings mentioned in paragraph (1)(j), the Attorney-General may (but need not) have regard to the following matters:

                     (a)  whether the Commonwealth, or a person on behalf of the Commonwealth, has already intervened in the proceedings;

                     (b)  whether, in the Attorney-General’s opinion, the proceedings may affect to a significant extent the human rights of, or involve significant issues of discrimination against, persons who are not parties to them;

                     (c)  whether, in the Attorney-General’s opinion, the proceedings have significant implications for the administration of this Act, the Disability Discrimination Act 1992 , the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984 ;

                     (d)  whether, in the Attorney-General’s opinion, there are special circumstances such that it would be in the public interest for the Commission to intervene.

This subsection does not, by implication, limit the matters to which the Attorney-General may have regard.

38  Subsection 32(1)

Omit “31(b)”, substitute “31(1)(b)”.

39  Section 33

Omit “section 31”, substitute “subsection 31(1)”.

40  Paragraph 35(2)(c)

Repeal the paragraph, substitute:

                     (c)  may include in the notice any recommendation by the Commission that action (other than the payment of compensation or damages to any person) be taken to remedy or reduce loss or damage suffered by a person as a result of the act or practice;

41  Subsections 36(3) and (9)

Omit “Human Rights Commissioner” (wherever occurring), substitute “a Deputy President”.

Note:       The heading to section 36 is altered by omitting “ Human Rights Commissioner ” and substituting “ Deputy Presidents ”.

42  Paragraph 36(3)(b)

Omit “when the”, substitute “when”.

43  Subsection 37(1)

Omit “Subject to sub-section (2), an appointed”, substitute “A”.

44  Subsections 37(2) and (3)

Repeal the subsections.

45  Subsections 37(4) and 38(2) and section 40

Omit “An appointed” (wherever occurring), substitute “A”.

46  Subsections 38(1) and 41(4)

Omit “an appointed” (wherever occurring), substitute “a”.

47  Subsection 41(3)

Omit “means an appointed member but”.

48  Part IIA (heading)

Repeal the heading, substitute:

49  Division 1 of Part IIA (heading)

Repeal the heading.

50  Section 46A (definition of Commissioner )

Repeal the definition.

51  Section 46B

Repeal the section.

52  At the end of subsection 46C(1)

Add:

Note:          Functions are also conferred on the Commission under section 209 of the Native Title Act 1993 .

53  Subsection 46C(2)

Repeal the subsection.

Note:       The heading to section 46C is replaced by the heading “ Functions relating to Aboriginal persons and Torres Strait Islanders ”.

54  Subsection 46C(3)

Omit “Commissioner” (first occurring), substitute “Commission”.

55  Paragraph 46C(3)(d)

Omit “Commissioner”, substitute “first-mentioned Commission”.

56  Subsection 46C(4)

Omit “Commissioner” (wherever occurring), substitute “Commission”.

57  Division 2 of Part IIA

Repeal the Division.

58  Division 3 of Part IIA (heading)

Repeal the heading.

59  Section 46K

Omit “Commissioner” (wherever occurring), substitute “Commission”.

Note:       The heading to section 46K is altered by omitting “ Commissioner ” and substituting “ Commission ”.

60  Section 46L

Repeal the section.

Note:       The heading to section 46M is altered by omitting “ Commissioner ” and substituting “ Commission ”.

61  Paragraph 46PE(1)(c)

Omit “Commissioner”, substitute “Deputy President”.

Note:       The heading to section 46PE is altered by omitting “ Commissioner ” and substituting “ Deputy President ”.

62  Subsection 46PV(1)

Omit “special-purpose Commissioner” (wherever occurring), substitute “Deputy President”.

Note:       The heading to section 46PV is altered by omitting “ Commission members ” and substituting “ Deputy Presidents ”.

63  Paragraph 46PV(1)(b)

Repeal the paragraph, substitute:

                     (b)  proceedings that, in the Deputy President’s opinion, have significant implications for the administration of any of the following Acts:

                              (i)  this Act;

                             (ii)  the Disability Discrimination Act 1992 ;

                            (iii)  the Racial Discrimination Act 1975 ;

                            (iv)  the Sex Discrimination Act 1984 .

64  Subsection 46PV(3)

Repeal the subsection, substitute:

             (3)  Before exercising the function, the Deputy President must consult with the other Deputy Presidents.

65  Subsection 48(1)

Omit “on behalf of the Commission”, substitute “for or on behalf of the Commission or a member”.

66  At the end of subsection 48(1)

Add “or a member”.

67  Subsection 48(3)

After “a person acting”, insert “for or”.

68  Subsections 49(1), (2) and (4A)

Before “on behalf of” (wherever occurring), insert “for or”.

69  Subsection 49(1)

After “this Act” (first occurring), insert “(or any other law that confers a power on the Commission)”.

70  At the end of paragraph 49(1)(c)

Add “(or any other law that confers a power on the Commission)”.

71  At the end of subsection 49(2)

Add “(or any other law that confers a power on the Commission)”.



 

72  Subsection 4(1) (definition of Commission )

Repeal the definition, substitute:

Commission means the Human Rights and Responsibilities Commission established by the Human Rights and Responsibilities Commission Act 1986 .

73  Subsection 4(1) (definition of Commissioner )

Repeal the definition.

74  Subsection 4(1) (definition of Convention )

Omit “ Equal Opportunity ”, substitute “ Responsibilities ”.

75  Subsection 4(1) (definition of Covenant on Civil and Political Rights )

Omit “ Equal Opportunity ”, substitute “ Responsibilities ”.

76  Subsection 4(1)

Insert:

Deputy President means a Deputy President of the Commission.

77  Subsection 4(1) (definition of enactment )

Omit “ Equal Opportunity ” (wherever occurring), substitute “ Responsibilities ”.

78  Subsection 4(1) (definition of proposed enactment )

Omit “ Equal Opportunity ” (wherever occurring), substitute “ Responsibilities ”.

79  Subsections 13(4) and 42(2)

Omit “ Equal Opportunity ” (wherever occurring), substitute “ Responsibilities ”.

80  Part 4 (heading)

Repeal the heading, substitute:

81  Before paragraph 67(1)(c)

Insert:

                     (a)  to promote an understanding and acceptance of, and compliance with, this Act;

                     (b)  to disseminate information on discrimination on the ground of disability and on the responsibility of persons and organisations to avoid such discrimination;

                    (ba)  to undertake research and educational programs, and other programs, on behalf of the Commonwealth for the purpose of promoting the objects of this Act;

                    (bb)  to prepare, and to publish in the manner the Commission considers appropriate, guidelines for avoiding discrimination on the ground of disability;

82  Paragraphs 67(1)(g), (h) and (k)

Repeal the paragraphs.

83  At the end of paragraph 67(1)(l)

Add “, but only if the Attorney-General has approved the intervention (see subsection (3))”.

Note:       The heading to section 67 is replaced by the heading “ Functions of the Commission ”.

84  Subsection 67(1) (note)

Omit “ Equal Opportunity ”, substitute “ Responsibilities ”.

85  At the end of section 67

Add:

             (3)  In deciding whether to approve of the Commission intervening in proceedings mentioned in paragraph (1)(l), the Attorney-General may (but need not) have regard to the following matters:

                     (a)  whether the Commonwealth, or a person on behalf of the Commonwealth, has already intervened in the proceedings;

                     (b)  whether, in the Attorney-General’s opinion, the proceedings may affect to a significant extent the human rights of persons who are not parties to them;

                     (c)  whether, in the Attorney-General’s opinion, the proceedings have significant implications for the administration of this Act, the Human Rights and Responsibilities Commission Act 1986 , the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984 ;

                     (d)  whether, in the Attorney-General’s opinion, there are special circumstances such that it would be in the public interest for the Commission to intervene.

This subsection does not, by implication, limit the matters to which the Attorney-General may have regard.

86  Section 112

Omit “Commissioner”, substitute “a Deputy President”.

87  Part 6

Repeal the Part.

88  Sections 121, 126, 127 and 129

Repeal the sections.



 

89  Preamble

Omit “ Equal Opportunity ”, substitute “ Responsibilities ”.

90  Paragraph 36(4)(a)

Omit “Equal Opportunity”, substitute “Responsibilities”.

91  Subsection 50(1) (definition of Human Rights and Equal Opportunity Commission )

Repeal the definition.

92  Subsection 50(1)

Insert:

Human Rights and Responsibilities Commission includes a person performing functions of that Commission.

93  Subsection 50(2) and subparagraph 50(3)(a)(i)

Omit “Equal Opportunity” (wherever occurring), substitute “Responsibilities”.

94  Subparagraphs 50(2)(a)(i) and (3)(a)(i)

Omit “ Equal Opportunity ” (wherever occurring), substitute “ Responsibilities ”.

95  Section 96

Omit “ Equal Opportunity ” (wherever occurring), substitute “ Responsibilities ”.

96  Section 99

Omit “Equal Opportunity”, substitute “Responsibilities”.



 

97  Item 5 of Schedule 1

Repeal the item, substitute:

5  Paragraph 36(4)(a)

Omit “Human Rights and Responsibilities Commission”, substitute “Commissioner”.

98  Item 7 of Schedule 1

Repeal the item, substitute:

7  Section 96

Omit “the staff referred to in section 43 of the Human Rights and Responsibilities Commission Act 1986 ” (wherever occurring), substitute “his or her staff”.

99  Item 10 of Schedule 1

Repeal the item, substitute:

10  Section 99

Omit “the staff of the Human Rights and Responsibilities Commission”, substitute “his or her staff”.

100  Part 2 of Schedule 1 (heading)

Repeal the heading, substitute:

Part 2—Human Rights and Responsibilities Commission Act 1986

101  Items 11, 12 and 13 of Schedule 1

Repeal the items.

102  Item 15 of Schedule 1

Omit “ Equal Opportunity ”, substitute “ Responsibilities ”.

103  Item 1 of Schedule 2

Repeal the item, substitute:

1  Subsection 85ZZA(3)

Omit “staff of the Human Rights and Responsibilities Commission”, substitute “Privacy Commissioner’s staff”.



 

104  Subsection 3(1) (definition of Chairman )

Repeal the definition.

105  Subsection 3(1) (definition of Commission )

Repeal the definition, substitute:

Commission means the Human Rights and Responsibilities Commission established by the Human Rights and Responsibilities Commission Act 1986 .

106  Subsection 3(1) (definition of Commissioner )

Repeal the definition.

107  Subsection 3(1) (definition of conciliation committee )

Repeal the definition.

108  Subsection 3(1) (definition of Council )

Repeal the definition.

109  Subsection 3(1) (definition of Deputy Chairman )

Repeal the definition.

110  Subsection 3(1)

Insert:

Deputy President means a Deputy President of the Commission.

111  Subsection 3(1) (definition of member )

Repeal the definition.

112  Subsection 6A(2)

Omit “ Equal Opportunity ” (wherever occurring), substitute “ Responsibilities ”.

113  Subsection 18C(1) (note)

Omit “ Equal Opportunity ”, substitute “ Responsibilities ”.

114  Subsection 18C(1) (note)

Omit “Equal Opportunity”, substitute “Responsibilities”.

115  Part III (heading)

Repeal the heading, substitute:

116  Section 19

Repeal the section.

117  Paragraph 20(b)

Re-letter the paragraph as paragraph (a).

118  Before paragraph 20(c)

Insert:

                     (b)  to disseminate information on racial discrimination and on the responsibility of persons and organisations to avoid such discrimination;

119  At the end of paragraph 20(e)

Add “, but only if the Attorney-General has approved the intervention (see subsection (2))”.

120  Paragraph 20(f)

Omit “or the Commissioner”.

121  Section 20 (note)

Omit “ Equal Opportunity ”, substitute “ Responsibilities ”.

122  At the end of section 20

Add:

             (2)  In deciding whether to approve of the Commission intervening in proceedings mentioned in paragraph (1)(e), the Attorney-General may (but need not) have regard to the following matters:

                     (a)  whether the Commonwealth, or a person on behalf of the Commonwealth, has already intervened in the proceedings;

                     (b)  whether, in the Attorney-General’s opinion, the proceedings may affect to a significant extent the human rights of persons who are not parties to them;

                     (c)  whether, in the Attorney-General’s opinion, the proceedings have significant implications for the administration of this Act, the Human Rights and Responsibilities Commission Act 1986 , the Disability Discrimination Act 1992 or the Sex Discrimination Act 1984 ;

                     (d)  whether, in the Attorney-General’s opinion, there are special circumstances such that it would be in the public interest for the Commission to intervene.

This subsection does not, by implication, limit the matters to which the Attorney-General may have regard.

123  Paragraphs 27(2)(e), (f) and (g)

Omit “ Equal Opportunity ” (wherever occurring), substitute “ Responsibilities ”.

124  Section 27E

Omit “Commissioner”, substitute “a Deputy President”.

125  Section 27F

Repeal the section.

126  Parts V and VI

Repeal the Parts.

127  Sections 45 and 45A

Repeal the sections.

128  Section 47

Omit “and prescribing fees and allowances payable to members of conciliation committees”.



 

129  Subsection 4(1) (definition of Commission )

Repeal the definition, substitute:

Commission means the Human Rights and Responsibilities Commission established by the Human Rights and Responsibilities Commission Act 1986 .

130  Subsection 4(1) (definition of Commissioner )

Repeal the definition.

131  Subsection 4(1)

Insert:

Deputy President means a Deputy President of the Commission.

132  Subsection 4(1) (definition of enactment )

Omit “ Equal Opportunity ”, substitute “ Responsibilities ”.

133  Subsection 4(1) (definition of proposed enactment )

Omit “ Equal Opportunity ”, substitute “ Responsibilities ”.

134  Subsections 10(4) and 11(4)

Omit “ Equal Opportunity ” (wherever occurring), substitute “ Responsibilities ”.

135  Part III (heading)

Repeal the heading, substitute:

136  Before paragraph 48(1)(c)

Insert:

                     (a)  to promote an understanding and acceptance of, and compliance with, this Act;

                     (b)  to disseminate information on discrimination on the ground of sex, marital status, pregnancy or potential pregnancy and discrimination involving sexual harassment, and on the responsibility of persons and organisations to avoid such discrimination;

                    (ba)  to undertake research and educational programs, and other programs, on behalf of the Commonwealth for the purpose of promoting the objects of this Act;

                    (bb)  to prepare, and to publish in the manner the Commission considers appropriate, guidelines for avoiding discrimination on the ground of sex, marital status, pregnancy or potential pregnancy and discrimination involving sexual harassment;

137  Paragraphs 48(1)(d), (e) and (ga)

Repeal the paragraphs.

138  At the end of paragraph 48(1)(gb)

Add “, but only if the Attorney-General has approved the intervention (see subsection (3))”.

139  Subsection 48(1) (note)

Omit “ Equal Opportunity ”, substitute “ Responsibilities ”.

Note:       The heading to section 48 is altered by omitting “ Equal Opportunity ” and substituting “ Responsibilities ”.

140  At the end of section 48

Add:

             (3)  In deciding whether to approve of the Commission intervening in proceedings mentioned in paragraph (1)(gb), the Attorney-General may (but need not) have regard to the following matters:

                     (a)  whether the Commonwealth, or a person on behalf of the Commonwealth, has already intervened in the proceedings;

                     (b)  whether, in the Attorney-General’s opinion, the proceedings may affect to a significant extent the human rights of persons who are not parties to them;

                     (c)  whether, in the Attorney-General’s opinion, the proceedings have significant implications for the administration of this Act, the Human Rights and Responsibilities Commission Act 1986 , the Disability Discrimination Act 1992 or the Racial Discrimination Act 1975 ;

                     (d)  whether, in the Attorney-General’s opinion, there are special circumstances such that it would be in the public interest for the Commission to intervene.

This subsection does not, by implication, limit the matters to which the Attorney-General may have regard.

141  Subsections 92(1) and 94(2) and paragraph 92(2)(b)

Omit “ Equal Opportunity ” (wherever occurring), substitute “ Responsibilities ”.

142  Section 93

Omit “Commissioner”, substitute “a Deputy President”.

143  Part V

Repeal the Part.

144  Sections 104, 111, 112 and 114

Repeal the sections.



 

145  Continuity of Commission and President not affected

To avoid doubt:

                     (a)  the continuity of the Commission’s existence; and

                     (b)  the continuity of the President’s appointment;

are not affected by the change to the Commission’s name, or any other amendment, made by this Act.

146  Re-appointment of President as a full-time member

If:

                     (a)  the person who was the President immediately before the commencement of this item ceases to be appointed as a part-time member of the Commission; and

                     (b)  is re-appointed as a full-time member;

the person is taken to have accrued an entitlement to benefits, in connection with the re-appointment, that is equivalent to the entitlement that the person had accrued as a part-time member immediately before the cessation.

147  Pre-commencement delegations remain in effect

(1)        Although this Schedule repeals section 121 of the Disability Discrimination Act 1992 , section 40 of the Racial Discrimination Act 1975 and section 104 of the Sex Discrimination Act 1984 , a delegation under any of those sections that was in force immediately before the repeal continues in force after the repeal as if the repeal had not happened.

(2)        However, subitem (1) does not apply to a delegation by or to:

                     (a)  the Human Rights Commissioner; or

                     (b)  the Race Discrimination Commissioner; or

                     (c)  the Aboriginal and Torres Strait Islander Social Justice Commissioner; or

                     (d)  the Sex Discrimination Commissioner; or

                     (e)  the Disability Discrimination Commissioner.

Note:       This exception is because the law no longer provides for the existence of those Commissioners.

148  Repealed civil liability provisions continue to apply in relation to pre-commencement acts etc.

Although this Schedule:

                     (a)  amends section 48 of the Human Rights and Equal Opportunity Commission Act 1986 ; and

                     (b)  repeals section 126 of the Disability Discrimination Act 1992 , section 45 of the Racial Discrimination Act 1975 and section 111 of the Sex Discrimination Act 1984 ;

those sections continue to apply, in relation to acts or omissions that happened before this item commenced, as if the amendment and repeals had not happened.

149  Repealed non-disclosure provisions continue to apply in relation to certain pre-commencement matters

Although this Schedule repeals section 127 of the Disability Discrimination Act 1992 , section 27F of the Racial Discrimination Act 1975 and section 112 of the Sex Discrimination Act 1984 , those sections continue to apply, in relation to information a person acquired before the repeal or documents a person had before the repeal, as if the repeal had not happened.



 

1  Amendment of Acts

The specified provisions of the following Acts are amended by omitting “ Equal Opportunity ” (wherever occurring) and substituting “ Responsibilities ”.

Crimes (Torture) Act 1988

2  Subsection 3(1) (paragraph (b) of the definition of act of torture )

Defence Act 1903

3  Subsection 58HA(1)

4  Section 58HB

Note:       For other amendments of this Act, see Part 2 of this Schedule.

Evidence Act 1995

5  Subsection 138(3) (note)

Federal Court of Australia Act 1976

6  Paragraph 18AB(1A)(d)

7  Subsection 18AB(2B)

Housing Assistance Act 1996

8  Preamble

Human Rights (Sexual Conduct) Act 1994

9  Subsection 4(1) (note)

Inspector-General of Intelligence and Security Act 1986

10  Subsection 3(1) (definition of discrimination )

11  Subsection 3(1) (definition of human rights )

Note:       For other amendments of this Act, see Part 2 of this Schedule.

Remuneration Tribunal Act 1973

12  Subsection 8B(1)

13  Section 8C

Note:       For other amendments of this Act, see Part 2 of this Schedule.

Supported Accommodation Assistance Act 1994

14  Preamble

Workplace Relations Act 1996

15  Subsection 4(1) (paragraph (c) of the definition of Anti-Discrimination Conventions )

16  Paragraph 45(1)(ed)

17  Subsection 111A(1)

18  Section 113

19  Paragraph 170CK(1)(a)

Note:       For other amendments of this Act, see Part 2 of this Schedule.



 

Crimes Act 1914

20  Subsection 85ZZA(3)

Omit “Equal Opportunity”, substitute “Responsibilities”.

Defence Act 1903

21  Subsection 58HA(5)

Omit “The Sex Discrimination Commissioner”, substitute “The Human Rights and Responsibilities Commission, or a member of it,”.

Inspector-General of Intelligence and Security Act 1986

22  Subparagraphs 8(1)(a)(v), (2)(a)(iv) and (3)(b)(i)

Omit “Equal Opportunity” (wherever occurring), substitute “Responsibilities”.

Native Title Act 1993

23  Subsection 209(1)

Omit “Aboriginal and Torres Strait Islander Social Justice Commissioner (appointed under the Human Rights and Equal Opportunity Commission Act 1986 )”, substitute “Human Rights and Responsibilities Commission (established by the Human Rights and Responsibilities Commission Act 1986 )”.

Note:       The heading to section 209 is replaced by the heading “ Reports by Human Rights and Responsibilities Commission ”.

24  Subsection 209(2)

Omit “Commissioner”, substitute “Commission”.

25  At the end of section 209

Add:

Commonwealth Minister must table reports

             (3)  The Commonwealth Minister must cause a copy of each report the Minister receives under subsection (1) or (2) to be laid before each House of the Parliament within 15 sitting days of the House after the Minister receives the report.

Remuneration and Allowances Act 1990

26  Part 3 of Schedule 2 (table item relating to the Human Rights Commissioner)

Repeal the item.

Remuneration Tribunal Act 1973

27  Subsection 8B(5)

Omit “The Sex Discrimination Commissioner”, substitute “The Human Rights and Responsibilities Commission, or a member of it,”.

Workplace Relations Act 1996

28  Paragraph 111A(2)(b)

Omit “Sex Discrimination Commissioner”, substitute “Human Rights and Responsibilities Commission”.

29  Paragraph 170BD(b)

Omit “Sex Discrimination Commissioner”, substitute “Human Rights and Responsibilities Commission”.