2009

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

SENATE

 

 

 

 

Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Restoration of Racial Discrimination Act) Bill 2009

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

(Circulated by authority of Senator R Siewert)

 

 

 

 

 

 

Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Restoration of Racial Discrimination Act) Bill 2009

 

 

 

Background

 

The purpose of this Bill is to restore the operation of the Racial Discrimination Act 1975 (Cth) and Northern Territory laws that deal with discrimination to the following Acts:

·          Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007;

·          Northern Territory National Emergency Response Act 2007; and

·          Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007 .

 

 

Preliminary items

 

Part 1 of the Bill, Clauses 1-3, relates to preliminary matters including the Bill’s short title and commencement.  The Bill is intended to commence on the day on which it receives the Royal Assent. 

 

Schedule 1

Items 1-6

 

For each of the following Acts:

·          Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007;

·          Northern Territory National Emergency Response Act 2007; and

·          Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007

the Bill repeals the sections that exclude the operation Racial Discrimination Act 1975 (Cth) and State and Territory laws that deal with discrimination.

 

The Bill also repeals the sections that deem provisions of the above mentioned Acts and acts done under those provisions to be "special measures".

 

The Bill inserts new provisions into each of the above-mentioned Acts specifically stating that:

·          the provisions of the Racial Discrimination Act 1975 (Cth) are intended to prevail over the provisions of the Acts.

·          the Acts do not authorise conduct that is inconsistent with the provisions of the Racial Discrimination Act 1975 (Cth);

·          the provisions of the Acts and any acts done under the provisions are intended to qualify as special measures; and

·          any acts done, decisions made or discretion exercised under the Acts must be consistent with the intended beneficial purpose of the Act.