Australian Capital Territory Consolidated Acts

HUMAN RIGHTS ACT 2004 - NOTES

Dictionary

(see s 3)

Note 1     The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     Act (see s 7)

              •     emergency service

              •     entity

              •     foreign country

              •     individual

              •     may (see s 146)

              •     proceeding

              •     statutory instrument (see s 13).

"act", for part 5A (Obligations of public authorities), includes fail to act and propose to act.

"commission" means the human rights commission.

"conduct" includes omission.

"court" includes the following:

        (a)     the ACAT;

        (b)     an entity prescribed by regulation.

"declaration of incompatibility"—see section 32.

"engage "in conduct means—

        (a)     do an act; or

        (b)     omit to do an act.

"function of a public nature"—see section 40A.

"human rights"—see section 5.

"ICCPR" means the International Covenant on Civil and Political Rights.

"international law" includes—

        (a)     the International Covenant on Civil and Political Rights and other human rights treaties to which Australia is a party; and

        (b)     general comments and views of the United Nations human rights treaty monitoring bodies; and

        (c)     declarations and standards adopted by the United Nations General Assembly that are relevant to human rights.

"public authority"—see section 40.

"Territory law" means an Act or statutory instrument.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

3     Legislation history

Human Rights Act 2004 A2004-5

notified LR 10 March 2004

s 1, s 2 commenced 10 March 2004 (LA s 75 (1))

remainder commenced 1 July 2004 (s 2)

as amended by

Human Rights Commission Legislation Amendment Act 2005
A2005-41 sch 1 pt 1.7 (as am by A2006-3 amdt 1.3)

notified LR 1 September 2005
s 1, s 2 commenced 1 September 2005 (LA s 75 (1))
sch 1 pt 1.7 commenced 1 November 2006 (s 2 (3) (as am by A2006-3 amdt 1.3) and see Human Rights Commission Act 2005 A2005-40, s 2 (as am by A2006-3 s 4) and CN2006-21)

Human Rights Commission Legislation Amendment Act 2006
A2006-3 amdt 1.3

notified LR 22 February 2006

s 1, s 2 commenced 22 February 2006 (LA s 75 (1))

amdt 1.3 commenced 23 February 2006 (s 2)

Note     This Act only amends the Human Rights Commission Legislation Amendment Act 2005 A2005-41

Human Rights Amendment Act 2008 A2008-3

notified LR 17 March 2008

s 1, s 2 commenced 17 March 2008 (LA s 75 (1))

ss 7-9 commenced 1 January 2009 (s 2 (1))

remainder commenced 18 March 2008 (s 2 (2))

ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.30

notified LR 4 September 2008

s 1, s 2 commenced 4 September 2008 (LA s 75 (1))

sch 1 pt 1.30 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)

4     Amendment history

Commencement
s 2     om LA s 89 (4)

Human rights may be limited
s 28     am A2008-3 s 4

Interpretation of laws and human rights
s 30     sub A2008-3 s 5

Notice to Attorney-General and commission
s 34 hdg     sub A2005-41 amdt 1.101
s 34     am A2005-41 amdts 1.102-1.104
    sub A2008-3 s 6

Obligations of public authorities
pt 5A hdg     ins A2008-3 s 7

Meaning of public authority
s 40     om A2005-41 amdt 1.105
    ins A2008-3 s 7

Meaning of function of a public nature
s 40A     ins A2008-3 s 7

Public authorities must act consistently with human rights
s 40B     ins A2008-3 s 7

Legal proceedings in relation to public authority actions
s 40C     ins A2008-3 s 7

Other entities may choose to be subject to obligations of public authorities
s 40D     ins A2008-3 s 7

Miscellaneous
pt 6 hdg     orig pt 6 hdg om A2005-41 amdt 1.105
    (prev pt 7 hdg) renum A2005-41 amdt 1.107

Miscellaneous
pt 7 hdg     renum as pt 6 hdg

Review of effect of territory laws on human rights
s 41     om A2005-41 amdt 1.105
    ins A2005-41 amdt 1.106

Review of Act after 1st year of operation
s 43     exp 1 January 2007 (s 43 (3))

Review of Act
s 44     exp 1 January 2010 (s 44 (2))

Legislation amended—sch 2
s 45     om LA s 89 (3)

Consequential amendments
sch 2     om LA s 89 (3)

Dictionary
dict     am A2008-3 s 8
    def act ins A2008-3 s 9
    def commission ins A2005-41 amdt 1.108
    def court sub A2008-36 amdt 1.351
    def function of a public nature ins A2008-3 s 9
    def human rights commissioner om A2005-41 amdt 1.109
    def public authority ins A2008-3 s 9

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 1 July 2004	1 July 2004– 31 October 2006	not amended	new Act
R2 1 Nov 2006	1 Nov 2006– 1 Jan 2007	A2006-3	amendments by A2005-41 as amended by A2006-3
R3 2 Jan 2007	2 Jan 2007– 17 Mar 2008	A2006-3	commenced expiry
R4 18 Mar 2008	18 Mar 2008– 31 Dec 2008	A2008-3	amendments by A2008-3
R5 1 Jan 2009	1 Jan 2009– 1 Feb 2009	A2008-36	amendments by A2008-3
R6 2 Feb 2009	2 Feb 2009– 1 Jan 2010	A2008-36	amendments by A2008-36

© Australian Capital Territory 2010

Australian Capital Territory

A2004-5

Republication No 7

Effective: 2 January 2010

Republication date: 2 January 2010

Last amendment made by A2008-36
(republication for commenced expiry)





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Human Rights Act 2004

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 2 January 2010

. It also includes any amendment, repeal or expiry affecting the republished law to 2 January 2010

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory

Human Rights Act 2004

Endnotes

Australian Capital Territory

Human Rights Act 2004