Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Age
Discrimination (Consequential Provisions) Bill
2003
No. ,
2003
(Attorney-General)
A
Bill for an Act to amend certain Acts as a consequence of the enactment of the
Age Discrimination Act 2003, and for related
purposes
Contents
Human Rights and Equal Opportunity Commission Act
1986 4
Inspector-General of Intelligence and Security Act
1986 5
Sea Installations Act
1987 5
Workplace Relations Act
1996 5
Age Discrimination Act
2003 6
Australian Human Rights Commission Act
1986 10
Disability Discrimination Act
1992 11
Racial Discrimination Act
1975 11
Sex Discrimination Act
1984 12
A Bill for an Act to amend certain Acts as a consequence
of the enactment of the Age Discrimination Act 2003, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Age Discrimination (Consequential
Provisions) Act 2003.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 4 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Schedule 1, items 1 to 6 |
At the same time as the Age Discrimination Act 2003
commences |
|
|
3. Schedule 1, item 7 |
At the same time as the Age Discrimination Act 2003 commences,
subject to subsection (3) |
|
|
4. Schedule 1, items 8 to 13 |
At the same time as the Age Discrimination Act 2003
commences |
|
|
5. Schedule 2, items 1 to 21 |
The later of: (a) immediately after the commencement of the Age Discrimination Act
2003; and (b) immediately after the commencement of Schedule 1 to the
Australian Human Rights Commission Legislation Act 2003 |
|
|
6. Schedule 2, item 22 |
Immediately after the commencement of Schedule 1 to the Australian
Human Rights Commission Legislation Act 2003, subject to
subsection (4) |
|
|
7. Schedule 2, items 23 to 28 |
The later of: (a) immediately after the commencement of the Age Discrimination Act
2003; and (b) immediately after the commencement of Schedule 1 to the
Australian Human Rights Commission Legislation Act 2003 |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
(3) If item 32 of Schedule 1 to the Australian Human Rights
Commission Legislation Act 2003 commences before the time the Age
Discrimination Act 2003 commences, item 7 of Schedule 1 to this
Act does not commence at all.
(4) If the Age Discrimination Act 2003 does not commence before the
commencement of item 21 of Schedule 1 to the Australian Human
Rights Commission Legislation Act 2003, item 22 of Schedule 2 to
this Act does not commence at all.
If item 1 of Schedule 1 to the Australian Human Rights
Commission Legislation Act 2003 commences before the time the Age
Discrimination Act 2003 commences, this Act has effect as if the amendments
of the Human Rights and Equal Opportunity Commission Act 1986 contained
in Schedule 1 to this Act were amendments of the Australian Human Rights
Commission Act 1986.
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.
Human Rights and Equal
Opportunity Commission Act 1986
1 Subsection 3(1) (before paragraph (a) of the
definition of unlawful discrimination)
Insert:
(aa) Part 4 of the Age Discrimination Act 2003; or
2 Subsection 3(1) (before paragraph (d) of the
definition of unlawful discrimination)
Insert:
(ca) Division 2 of Part 5 of the Age Discrimination Act
2003 (other than section 52); or
3 Paragraph 11(1)(a)
After “by”, insert “the Age Discrimination Act
2003,”.
4 Subsection 11(3)
Omit “or the Disability Discrimination Act 1992”,
substitute “, the Disability Discrimination Act 1992, or the Age
Discrimination Act 2003”.
5 Subsection 14(8)
Omit “or the Disability Discrimination Act 1992”,
substitute “, the Disability Discrimination Act 1992, or the Age
Discrimination Act 2003”.
6 Subsection 16(2A)
Omit “and the Disability Discrimination Act 1992”,
substitute “, the Disability Discrimination Act 1992 and the Age
Discrimination Act 2003”.
7 Subsection 19(6)
Omit “or the Disability Discrimination Act 1992”,
substitute “, the Disability Discrimination Act 1992, or the Age
Discrimination Act 2003”.
Note: If item 32 of Schedule 1 to the
Australian Human Rights Commission Legislation Act 2003 commences before
the time the Age Discrimination Act 2003 commences, this item does not
commence at all. See subsection 2(3).
8 Subsection 46PF(3) (note)
After “See”, insert “sections 56 and 57 of the
Age Discrimination Act 2003, ”.
Inspector-General of
Intelligence and Security Act 1986
9 Subparagraph 8(1)(a)(v)
After “under”, insert “the Age Discrimination Act
2003, ”.
10 Subparagraph 8(2)(a)(iv)
After “under”, insert “the Age Discrimination Act
2003, ”.
11 Subparagraph 8(3)(b)(i)
After “under”, insert “the Age Discrimination Act
2003, ”.
12 Schedule
Insert in its appropriate alphabetical position, determined on a
letter-by-letter basis:
Age Discrimination Act 2003
13 Section 93
Omit “and the Disability Discrimination Act 1992”,
substitute “, the Disability Discrimination Act 1992 and the Age
Discrimination Act 2003”.
Note: The heading to section 93 is altered by omitting
“and Disability Discrimination Act” and substituting
“, Disability Discrimination Act and Age Discrimination
Act”.
1 Section 4
Omit:
• Complaints can be made to the Commission about unlawful
discrimination (see the definition of unlawful discrimination in
subsection 3(1) of the Human Rights and Equal Opportunity Commission Act
1986, and section 46P of that Act).
substitute:
• Complaints can be made to the Commission about unlawful
discrimination (see the definition of unlawful discrimination in
subsection 3(1) of the Australian Human Rights Commission Act 1986,
and section 46P of that Act).
2 Subsection 5(1) (definition of
Commission)
Repeal the definition, substitute:
Commission means the Australian Human Rights Commission
established by the Australian Human Rights Commission Act 1986.
3 Subsection 10(7)
Omit “Human Rights and Equal Opportunity” (wherever
occurring), substitute “Australian Human Rights”.
4 Subsection 12(4)
Omit “Human Rights and Equal Opportunity” (wherever
occurring), substitute “Australian Human Rights”.
5 Subsection 50(1) (note)
Omit “Human Rights and Equal Opportunity”, substitute
“Australian Human Rights”.
6 Paragraph 51(1)(e)
Omit “Human Rights and Equal Opportunity” (wherever
occurring), substitute “Australian Human Rights”.
7 Subsection 51(1) (note)
Omit “Human Rights and Equal Opportunity”, substitute
“Australian Human Rights”.
8 Subsection 51(2) (note)
Omit “Human Rights and Equal Opportunity”, substitute
“Australian Human Rights”.
9 Part 6 (heading)
Repeal the heading, substitute:
10 Before paragraph 53(1)(a)
Insert:
(aa) to promote an understanding and acceptance of, and compliance with,
this Act;
(ab) to disseminate information on discrimination on the ground of age and
on the responsibility of persons and organisations to avoid such
discrimination;
(ac) to undertake research and educational programs, and other programs,
on behalf of the Commonwealth for the purpose of promoting the objects of this
Act;
(ad) to prepare, and to publish in the manner the Commission considers
appropriate, guidelines for avoiding discrimination on the ground of
age;
11 Paragraphs 53(1)(b), (c) and
(f)
Repeal the paragraphs.
12 Paragraph 53(1)(g)
After “age”, insert “, subject to subsections (1A)
and (1B)”.
13 Subsection 53(1) (note)
Omit “Human Rights and Equal Opportunity”, substitute
“Australian Human Rights”.
14 After subsection 53(1)
Insert:
(1A) Except in a case to which subsection (1B) applies, the
Commission may only intervene in proceedings as mentioned in
paragraph (1)(g) if the Attorney-General approves the intervention. In
deciding whether to approve the intervention, 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 any of the following
Acts:
(i) this Act;
(ii) the Australian Human Rights Commission Act 1986;
(iii) the Disability Discrimination Act 1992;
(iv) the Racial Discrimination Act 1975;
(v) 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.
(1B) If the President is:
(a) a Justice of the High Court, or was such a Justice immediately before
becoming President; or
(b) a Judge of a court created by the Parliament, or was such a Judge
immediately before becoming President;
then, before the Commission seeks leave to intervene in proceedings as
mentioned in paragraph (1)(g), the Commission must give the
Attorney-General written notice of the Commission’s intention to seek
leave to intervene, together with a statement of why the Commission considers it
appropriate to intervene. The notice must be given at a time when there is still
a reasonable period before the Commission seeks leave to intervene.
15 Subsection 53(2) (definition of
enactment)
Omit “Human Rights and Equal Opportunity”, substitute
“Australian Human Rights”.
16 Subsection 53(2) (definition of proposed
enactment)
Omit “Human Rights and Equal Opportunity”, substitute
“Australian Human Rights”.
17 Sections 55 and 58
Repeal the sections.
18 Pre-commencement delegations remain in
effect
(1) Although this Schedule repeals section 55 of the Age
Discrimination Act 2003, a delegation under that section 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 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.
(3) In subitem (2), Human Rights Commissioner has the
same meaning as in the Human Rights and Equal Opportunity Commission Act
1986 as in force immediately before the commencement of Schedule 1 to
the Australian Human Rights Commission Legislation Act 2003.
19 Repealed civil liability provisions continue to
apply in relation to pre-commencement acts etc.
Although this Schedule repeals section 58 of the Age Discrimination
Act 2003, that section continues to apply, in relation to acts or omissions
that happened before the repeal, as if the repeal had not happened.
20 Section 60
Repeal the section.
21 Repealed non-disclosure provisions continue to
apply in relation to certain pre-commencement matters
Although this Schedule repeals section 60 of the Age Discrimination
Act 2003, that section continues 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.
Australian Human Rights
Commission Act 1986
22 Paragraph 11(1)(a)
Omit “by the Disability Discrimination Act 1992, the Age
Discrimination Act 2003”, substitute “by the Age
Discrimination Act 2003, the Disability Discrimination Act
1992”.
Note: If the Age Discrimination Act 2003 does not
commence before the commencement of item 21 of Schedule 1 to the
Australian Human Rights Commission Legislation Act 2003, this item does
not commence at all. See subsection 2(4).
23 Paragraph 11(5)(c)
Repeal the paragraph, substitute:
(c) whether, in the Attorney-General’s opinion, the proceedings have
significant implications for the administration of any of the following
Acts:
(i) this Act;
(ii) the Age Discrimination Act 2003;
(iii) the Disability Discrimination Act 1992;
(iv) the Racial Discrimination Act 1975;
(v) the Sex Discrimination Act 1984;
24 Paragraph 31(2)(c)
Repeal the paragraph, substitute:
(c) whether, in the Attorney-General’s opinion, the proceedings have
significant implications for the administration of any of the following
Acts:
(i) this Act;
(ii) the Age Discrimination Act 2003;
(iii) the Disability Discrimination Act 1992;
(iv) the Racial Discrimination Act 1975;
(v) the Sex Discrimination Act 1984;
25 After subparagraph
46PV(1)(b)(i)
Insert:
(ia) the Age Discrimination Act 2003;
Disability Discrimination
Act 1992
26 Paragraph 67(3)(c)
Repeal the paragraph, substitute:
(c) whether, in the Attorney-General’s opinion, the proceedings have
significant implications for the administration of any of the following
Acts:
(i) this Act;
(ii) the Age Discrimination Act 2003;
(iii) the Australian Human Rights Commission Act 1986;
(iv) the Racial Discrimination Act 1975;
(v) the Sex Discrimination Act 1984;
Racial Discrimination Act
1975
27 Paragraph 20(2)(c)
Repeal the paragraph, substitute:
(c) whether, in the Attorney-General’s opinion, the proceedings have
significant implications for the administration of any of the following
Acts:
(i) this Act;
(ii) the Age Discrimination Act 2003;
(iii) the Australian Human Rights Commission Act 1986;
(iv) the Disability Discrimination Act 1992;
(v) the Sex Discrimination Act 1984;
28 Paragraph 48(3)(c)
Repeal the paragraph, substitute:
(c) whether, in the Attorney-General’s opinion, the proceedings have
significant implications for the administration of any of the following
Acts:
(i) this Act;
(ii) the Age Discrimination Act 2003;
(iii) the Australian Human Rights Commission Act 1986;
(iv) the Disability Discrimination Act 1992;
(v) the Racial Discrimination Act 1975;