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.
2016-2017
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Human Rights Legislation Amendment
Bill 2017
No. , 2017
(Attorney-General)
A Bill for an Act to amend legislation relating to
human rights, and for other purposes
No. , 2017
Human Rights Legislation Amendment Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendment of the Racial Discrimination Act 1975
3
Racial Discrimination Act 1975
3
Schedule 2--Amendment of the Australian Human Rights
Commission Act 1986
4
Australian Human Rights Commission Act 1986
4
Schedule 3--Amendment of the Native Title Act 1993
20
Native Title Act 1993
20
No. , 2017
Human Rights Legislation Amendment Bill 2017
1
A Bill for an Act to amend legislation relating to
1
human rights, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Human Rights Legislation Amendment Act 2017.
5
2 Commencement
6
(1) Each provision of this Act specified in column 1 of the table
7
commences, or is taken to have commenced, in accordance with
8
column 2 of the table. Any other statement in column 2 has effect
9
according to its terms.
10
11
2
Human Rights Legislation Amendment Bill 2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendment of the Racial Discrimination Act 1975 Schedule 1
No. , 2017
Human Rights Legislation Amendment Bill 2017
3
Schedule 1--Amendment of the Racial
1
Discrimination Act 1975
2
3
Racial Discrimination Act 1975
4
1 Part IIA (heading)
5
Repeal the heading, substitute:
6
Part IIA--Prohibition of harassing or intimidating
7
acts done because of race, colour or
8
national or ethnic origin
9
2 Section 18C (heading)
10
Repeal the heading, substitute:
11
18C Harassing or intimidating acts done because of race, colour or
12
national or ethnic origin
13
3 Paragraph 18C(1)(a)
14
Omit "offend, insult, humiliate", substitute "harass".
15
4 After subsection 18C(2)
16
Insert:
17
(2A) For the purposes of subsection (1), the question of whether an act
18
is reasonably likely, in all the circumstances, to have the effect
19
mentioned in paragraph (1)(a) is to be determined by the standards
20
of a reasonable member of the Australian community.
21
(2B) For the purposes of subsection (1), an act may be:
22
(a) a single isolated act; or
23
(b) one of a series of acts; or
24
(c) one of a group of related acts.
25
5 Application of amendments
26
The amendments made by this Schedule apply in relation to an act done
27
after the commencement of this item.
28
Schedule 2 Amendment of the Australian Human Rights Commission Act 1986
4
Human Rights Legislation Amendment Bill 2017
No. , 2017
Schedule 2--Amendment of the Australian
1
Human Rights Commission Act 1986
2
3
Australian Human Rights Commission Act 1986
4
1 Subsection 3(1)
5
Insert:
6
alleged acts, omissions or practices, in relation to a complaint,
7
means the acts, omissions or practices that are alleged in the
8
complaint.
9
Note:
See also paragraph 23(b) of the Acts Interpretation Act 1901.
10
2 Subsection 3(1) (definition of alleged unlawful
11
discrimination)
12
Repeal the definition.
13
3 Subsection 8(2)
14
Repeal the subsection, substitute:
15
(2) The members must co-operate with each other to achieve common
16
objectives, where practicable.
17
(3) Subsection (2) does not affect the operation of section 44 (which
18
deals with meetings of the Commission).
19
4 After subsection 8(6)
20
Insert:
21
(6A) The powers of the Commission under sections 20A and 32A must
22
be exercised by the President, and a reference in this Act to the
23
Commission or to a member of the Commission must, in relation to
24
the exercise of any of those powers, be read as a reference to the
25
President.
26
5 At the end of section 8A
27
Add:
28
Amendment of the Australian Human Rights Commission Act 1986 Schedule 2
No. , 2017
Human Rights Legislation Amendment Bill 2017
5
(5) The President has power to do all things necessary or convenient to
1
be done for or in connection with the performance of his or her
2
functions.
3
6 Paragraph 11(1)(f)
4
Repeal the paragraph, substitute:
5
(f) to:
6
(i) inquire into any act or practice that may be inconsistent
7
with or contrary to any human right; and
8
(ii) if the Commission considers it appropriate to do so--
9
endeavour, by conciliation, to effect a settlement of the
10
matters that gave rise to the inquiry; and
11
7 After subsection 19(2B)
12
Insert:
13
(2BA) Subsection (2) does not allow the President to delegate a power
14
that can be exercised by the President because of subsection 8(6A).
15
8 After paragraph 20(2)(b)
16
Insert:
17
(ba) the Commission is satisfied, having regard to all the
18
circumstances, that an inquiry, or the continuation of an
19
inquiry, into the act or practice is not warranted; or
20
9 After subparagraph 20(2)(c)(ii)
21
Insert:
22
(iia) the Commission is of the opinion that there is no
23
reasonable prospect that the complaint will be resolved
24
in favour of the complainant or complainants; or
25
(iib) the Commission is satisfied that there is no reasonable
26
prospect of the matter being settled by conciliation; or
27
10 At the end of section 20
28
Add:
29
(9) The Commission must act fairly in the performance of the
30
functions referred to in paragraph 11(1)(f).
31
(10) If a complaint is made under paragraph (1)(b), the Commission:
32
Schedule 2 Amendment of the Australian Human Rights Commission Act 1986
6
Human Rights Legislation Amendment Bill 2017
No. , 2017
(a) must act expeditiously in dealing with the complaint; and
1
(b) must use the Commission's best endeavours to finish dealing
2
with the complaint within 12 months after the complaint was
3
made.
4
(11) Subsections (9) and (10) do not impose a duty on the Commission
5
that is enforceable in court.
6
(12) Subsection (11) does not affect a legally enforceable obligation to
7
observe the rules of natural justice.
8
11 After section 20
9
Insert:
10
20A Reports to the Minister
11
If:
12
(a) the Commission has inquired into an act or practice that may
13
be inconsistent with or contrary to any human right; and
14
(b) the Commission is of the opinion that the act or practice is
15
inconsistent with or contrary to any human right;
16
the Commission may report to the Minister in relation to the
17
inquiry.
18
12 Paragraph 31(b)
19
Repeal the paragraph, substitute:
20
(b) to:
21
(i) inquire into any act or practice (including any systemic
22
practice) that may constitute discrimination; and
23
(ii) if the Commission considers it appropriate to do so--
24
endeavour, by conciliation, to effect a settlement of the
25
matters that gave rise to the inquiry;
26
13 After paragraph 32(3)(b)
27
Insert:
28
(ba) the Commission is satisfied, having regard to all the
29
circumstances, that an inquiry, or the continuation of an
30
inquiry, into the act or practice is not warranted; or
31
Amendment of the Australian Human Rights Commission Act 1986 Schedule 2
No. , 2017
Human Rights Legislation Amendment Bill 2017
7
14 After subparagraph 32(3)(c)(ii)
1
Insert:
2
(iia) the Commission is of the opinion that there is no
3
reasonable prospect that the complaint will be resolved
4
in favour of the complainant or complainants; or
5
(iib) the Commission is satisfied that there is no reasonable
6
prospect of the matter being settled by conciliation; or
7
15 At the end of section 32
8
Add:
9
(4) The Commission must act fairly in the performance of the
10
functions referred to in paragraph 31(b).
11
(5) If a complaint is made under paragraph (1)(b), the Commission:
12
(a) must act expeditiously in dealing with the complaint; and
13
(b) must use the Commission's best endeavours to finish dealing
14
with the complaint within 12 months after the complaint was
15
made.
16
(6) Subsections (4) and (5) do not impose a duty on the Commission
17
that is enforceable in court.
18
(7) Subsection (6) does not affect a legally enforceable obligation to
19
observe the rules of natural justice.
20
16 After section 32
21
Insert:
22
32A Reports to the Minister
23
If:
24
(a) the Commission has inquired into an act or practice (whether
25
a systemic practice or otherwise) that may constitute
26
discrimination; and
27
(b) the Commission is of the opinion that the act or practice
28
constitutes discrimination;
29
the Commission may report to the Minister in relation to the
30
inquiry.
31
Schedule 2 Amendment of the Australian Human Rights Commission Act 1986
8
Human Rights Legislation Amendment Bill 2017
No. , 2017
17 Section 46
1
Omit "other than subsection 29(5)", substitute "(other than section 20A,
2
subsection 29(5) or section 32A)".
3
18 Section 46C (heading)
4
Repeal the heading, substitute:
5
46C Functions of the Commission that are to be performed by the
6
Commissioner etc.
7
19 Paragraph 46C(1)(a)
8
Repeal the paragraph.
9
20 After subsection 46C(2)
10
Insert:
11
(2A) The Commissioner may submit reports to the Minister regarding
12
the enjoyment and exercise of human rights by Aboriginal persons
13
and Torres Strait Islanders.
14
(2B) The Commissioner may submit reports to the Minister regarding:
15
(a) the operation of the Native Title Act 1993; and
16
(b) the effect of that Act on the enjoyment and exercise of human
17
rights by Aboriginal persons and Torres Strait Islanders.
18
(2C) A report under subsection (2A) or (2B) may include
19
recommendations as to the action that should be taken to ensure the
20
enjoyment and exercise of human rights by Aboriginal persons and
21
Torres Strait Islanders.
22
21 Subsections 46C(3) and (4)
23
After "functions", insert ", or the exercise of powers,".
24
22 Section 46M
25
Omit "paragraph 46C(1)(a)", substitute "subsection 46C(2A) or (2B)".
26
23 Section 46MB
27
Repeal the heading, substitute:
28
Amendment of the Australian Human Rights Commission Act 1986 Schedule 2
No. , 2017
Human Rights Legislation Amendment Bill 2017
9
46MB Functions of Commission that are to be performed by the
1
National Children's Commissioner etc.
2
24 Paragraph 46MB(1)(a)
3
Repeal the paragraph.
4
25 Subsection 46MB(3)
5
Repeal the subsection, substitute:
6
(3) The National Children's Commissioner may submit reports to the
7
Minister that deal with such matters, relating to the enjoyment and
8
exercise of human rights by children in Australia, as the National
9
Children's Commissioner considers appropriate.
10
(3A) A report under subsection (3) may include recommendations that
11
the National Children's Commissioner considers appropriate as to
12
the action that should be taken to ensure the enjoyment and
13
exercise of human rights by children in Australia.
14
26 Subsections 46MB(4), (5) and (6)
15
After "functions", insert ", or exercising powers,".
16
27 Subsection 46P(1)
17
Repeal the subsection, substitute:
18
(1) A written complaint may be lodged with the Commission:
19
(a) alleging:
20
(i) that one or more acts have been done; or
21
(ii) that one or more omissions or practices have occurred;
22
and
23
(b) alleging that those acts, omissions or practices are unlawful
24
discrimination.
25
Note:
Unlawful discrimination is defined in subsection 3(1).
26
(1A) It must be reasonably arguable that the alleged acts, omissions or
27
practices are unlawful discrimination.
28
(1B) The complaint must set out the details of the alleged acts,
29
omissions or practices.
30
Schedule 2 Amendment of the Australian Human Rights Commission Act 1986
10
Human Rights Legislation Amendment Bill 2017
No. , 2017
28 Paragraphs 46P(2)(a), (b) and (c)
1
Omit "unlawful discrimination" (wherever occurring), substitute "acts,
2
omissions or practices".
3
29 Subsection 46PC(1)
4
After "the complaint under", insert "paragraph 46PF(1)(b) or".
5
30 Subsection 46PE(3)
6
After "46PH(2)", insert ", (2A)".
7
31 Subsection 46PF(1)
8
Repeal the subsection, substitute:
9
(1) Subject to subsections (1A) and (5), if a complaint is referred to the
10
President under section 46PD, the President must:
11
(a) consider whether to inquire into the complaint, having regard
12
to the matters referred to in section 46PH; and
13
(b) if the President is of the opinion that, having regard to any of
14
the matters referred to in section 46PH, the complaint should
15
be terminated--terminate the complaint without inquiry; and
16
(c) unless the President terminates the complaint under
17
paragraph (b) or section 46PH--inquire into the complaint
18
and attempt to conciliate the complaint.
19
(1A) For the purposes of paragraph (1)(a), the President may inform
20
himself or herself of such facts and circumstances as are necessary
21
to form the opinion referred to in paragraph (1)(b).
22
(1B) If the President terminates the complaint under paragraph (1)(b),
23
the President must comply with the notification requirements of
24
subsections 46PH(2), (2A) and (3).
25
32 Subsection 46PF(3)
26
Omit "alleged unlawful discrimination", substitute "alleged acts,
27
omissions or practices".
28
33 Subsection 46PF(3) (note)
29
Omit "unlawful discrimination", substitute "acts or omissions".
30
Amendment of the Australian Human Rights Commission Act 1986 Schedule 2
No. , 2017
Human Rights Legislation Amendment Bill 2017
11
34 Subsection 46PF(4)
1
After "under", insert "paragraph (1)(b) or".
2
35 Paragraph 46PF(5)(a)
3
Omit "unlawful discrimination", substitute "acts, omissions or
4
practices".
5
36 At the end of section 46PF
6
Add:
7
(6) The President must act fairly to:
8
(a) the complainant or complainants; and
9
(b) the respondent;
10
in dealing with the complaint in accordance with this section.
11
(7) The President must notify the complaint to the respondent, unless
12
the President is satisfied that notification would be likely to
13
prejudice the safety of a person.
14
(8) If the complaint is amended under subsection (3) by adding a
15
respondent, the President must notify the complaint to that
16
respondent, unless the President is satisfied that notification would
17
be likely to prejudice the safety of a person.
18
(9) The President:
19
(a) must notify the complaint to any person (other than the
20
respondent) who is the subject of an adverse allegation in the
21
complaint, unless the President is satisfied that notification
22
would be likely to prejudice the safety of a person; and
23
(b) may notify the complaint to any person who, in the opinion
24
of the President, is likely to be able to provide information
25
relevant to the complaint.
26
(10) The President:
27
(a) must, having regard to:
28
(i) the nature of the complaint; and
29
(ii) the needs of the complainant or complainants; and
30
(iii) the needs of the respondent;
31
act expeditiously in dealing with the complaint in accordance
32
with this section; and
33
Schedule 2 Amendment of the Australian Human Rights Commission Act 1986
12
Human Rights Legislation Amendment Bill 2017
No. , 2017
(b) must use the President's best endeavours to finish dealing
1
with the complaint within 12 months after the complaint was
2
referred to the President under section 46PD.
3
37 Before subsection 46PH(1)
4
Insert:
5
Discretionary termination of complaint
6
38 Paragraph 46PH(1)(a)
7
Omit "unlawful discrimination is", substitute "acts, omissions or
8
practices are".
9
39 Paragraph 46PH(1)(b)
10
Omit "12 months", substitute "6 months".
11
40 Paragraph 46PH(1)(b)
12
Omit "unlawful discrimination", substitute "acts, omissions or
13
practices".
14
41 Paragraph 46PH(1)(c)
15
Repeal the paragraph, substitute:
16
(c) the President is satisfied, having regard to all the
17
circumstances, that an inquiry, or the continuation of an
18
inquiry, into the complaint is not warranted;
19
42 At the end of subsection 46PH(1)
20
Add:
21
Note:
An act, omission or practice may not be unlawful discrimination
22
because an exemption applies (for example, section 18D of the Racial
23
Discrimination Act 1975). Accordingly, consideration by the President
24
of the question of whether an act, omission or practice is not unlawful
25
discrimination will involve consideration of whether an exemption
26
applies.
27
43 After subsection 46PH(1)
28
Insert:
29
(1A) A complaint may be terminated under subsection (1) at any time,
30
even if an inquiry into the complaint has begun.
31
Amendment of the Australian Human Rights Commission Act 1986 Schedule 2
No. , 2017
Human Rights Legislation Amendment Bill 2017
13
Mandatory termination of complaint
1
(1B) The President must terminate a complaint if the President is
2
satisfied that:
3
(a) the complaint is trivial, vexatious, misconceived or lacking in
4
substance; or
5
(b) there is no reasonable prospect that the complaint will be
6
resolved in favour of the complainant or complainants.
7
(1C) The President must terminate a complaint if the President is
8
satisfied that there would be no reasonable prospect that the
9
Federal Court or the Federal Circuit Court would be satisfied that
10
the alleged acts, omissions or practices are unlawful
11
discrimination.
12
(1D) A complaint may be terminated under subsection (1B) or (1C) at
13
any time, even if an inquiry into the complaint has begun.
14
44 Before subsection 46PH(2)
15
Insert:
16
Notification
17
45 Subsection 46PH(2)
18
Omit "decides to terminate a complaint", substitute "terminates a
19
complaint".
20
46 Subsection 46PH(2)
21
Omit "that decision" (wherever occurring), substitute "the termination".
22
47 Before subsection 46PH(3)
23
Insert:
24
(2A) A notice under subsection (2) must include a statement explaining
25
that the Federal Court and the Federal Circuit Court can award
26
costs in proceedings under section 46PO.
27
48 Before subsection 46PH(4)
28
Insert:
29
Schedule 2 Amendment of the Australian Human Rights Commission Act 1986
14
Human Rights Legislation Amendment Bill 2017
No. , 2017
Revocation
1
49 Sections 46PJ and 46PK
2
Repeal the sections, substitute:
3
46PJ President may hold conferences
4
President may decide to hold a conference
5
(1) For the purpose of attempting to conciliate a complaint in
6
accordance with section 46PF, the President may decide to hold a
7
conference, to be presided over by:
8
(a) the President; or
9
(b) a suitable person (other than a Commission member)
10
determined by the President.
11
President may invite people to attend
12
(2) The President may:
13
(a) invite any or all of the complainants or respondents to attend
14
the conference; and
15
(b) invite any other person to attend the conference, if:
16
(i) the President reasonably believes that the person is
17
capable of giving information that is relevant to the
18
conciliation of the complaint; or
19
(ii) the President considers that the person's presence at the
20
conference is likely to be conducive to the conciliation
21
of the complaint.
22
President may require people to attend
23
(3) The President may, by written notice given to a person referred to
24
in subsection (2), require the person to attend the conference
25
(whether or not the person has already been invited to attend the
26
conference).
27
Note:
Failure to comply with a notice is an offence--see subsection (5).
28
(4) A notice under subsection (3):
29
(a) must specify the place and time of the conference, not being
30
a time that is less than 14 days after the notice is given; and
31
(b) must set out the effect of subsection (5).
32
Amendment of the Australian Human Rights Commission Act 1986 Schedule 2
No. , 2017
Human Rights Legislation Amendment Bill 2017
15
(5) A person commits an offence if:
1
(a) the person has been given a notice under subsection (3)
2
requiring the person to attend a conference; and
3
(b) the person refuses or fails to comply with the requirement.
4
Penalty: 10 penalty units.
5
(6) Subsection (5) is an offence of strict liability.
6
Note:
For strict liability, see section 6.1 of the Criminal Code.
7
Expenses for attendance
8
(7) A person who is required to attend the conference is entitled to be
9
paid, by the Commonwealth, a reasonable sum for the person's
10
expenses of attendance.
11
46PK Proceedings at conferences
12
(1) Subject to this section, a conference mentioned in
13
subsection 46PJ(1) is to be conducted in such manner as the person
14
presiding at the conference considers appropriate.
15
(2) The conference is to be conducted in private.
16
(3) The person presiding at the conference must take all reasonable
17
steps to ensure that the conduct of the conference does not
18
disadvantage any complainant or respondent.
19
(4) Unless the person presiding at the conference consents:
20
(a) an individual is not entitled to be represented at the
21
conference by another person; and
22
(b) a body (whether or not incorporated) is not entitled to be
23
represented at the conference otherwise than by a person who
24
is an officer or employee of the body.
25
(5) Despite paragraph (4)(a), an individual who is unable to attend the
26
conference because the individual has a disability is entitled to
27
nominate another person to attend instead on his or her behalf.
28
(6) If the person presiding at the conference considers that an
29
individual is unable to participate fully in the conference because
30
the individual has a disability, the individual is entitled to nominate
31
another person to assist him or her at the conference.
32
Schedule 2 Amendment of the Australian Human Rights Commission Act 1986
16
Human Rights Legislation Amendment Bill 2017
No. , 2017
(7) For the purposes of this section, disability has the same meaning as
1
in the Disability Discrimination Act 1992.
2
46PKA Things said in conciliation are not admissible in evidence in
3
certain proceedings
4
(1) Evidence of anything said or done by a person in the course of the
5
conciliation of a complaint in accordance with section 46PF is not
6
admissible in any proceedings relating to the alleged acts,
7
omissions or practices.
8
(2) Subsection (1) does not apply for the purposes of the application of
9
section 46PSA.
10
50 Section 46PL
11
Repeal the section.
12
51 Subsection 46PM(1)
13
Omit ", 46PJ or 46PK".
14
52 Paragraph 46PO(1)(a)
15
Omit "or", substitute ", paragraph 46PF(1)(b) or section".
16
53 After subsection 46PO(3)
17
Insert:
18
(3A) The application must not be made unless:
19
(a) the court concerned grants leave to make the application; or
20
(b) the complaint was terminated under paragraph 46PH(1)(h).
21
54 At the end of subsection 46PO(4)
22
Add:
23
Note 1:
The Federal Court, or a judge of that court, may award costs in
24
proceedings under this section--see section 43 of the Federal Court of
25
Australia Act 1976.
26
Note 2:
The Federal Circuit Court, or a judge of that court, may award costs in
27
proceedings under this section--see section 79 of the Federal Circuit
28
Court of Australia Act 1999.
29
Amendment of the Australian Human Rights Commission Act 1986 Schedule 2
No. , 2017
Human Rights Legislation Amendment Bill 2017
17
55 Subsection 46PP(3)
1
Omit "46PE or", substitute "46PE, paragraph 46PF(1)(b) or section".
2
56 Subsection 46PS(1)
3
After "terminated under", insert "paragraph 46PF(1)(b) or".
4
57 After section 46PS
5
Insert:
6
46PSA Costs--court may have regard to an offer to settle
7
If:
8
(a) proceedings have been instituted under section 46PO against
9
a respondent to a terminated complaint; and
10
(b) the respondent has made, or makes, an offer to settle the
11
matter the subject of the complaint; and
12
(c) the offer was or is rejected;
13
the court, or a judge of the court, in deciding whether to award
14
costs in the proceedings, may have regard to the offer.
15
Note 1:
The Federal Court, or a judge of that court, may award costs in
16
proceedings under section 46PO--see section 43 of the Federal Court
17
of Australia Act 1976.
18
Note 2:
The Federal Circuit Court, or a judge of that court, may award costs in
19
proceedings under section 46PO--see section 79 of the Federal
20
Circuit Court of Australia Act 1999.
21
58 Application of amendments
22
(1)
The amendments made by items 6, 11, 12 and 16 apply in relation to an
23
inquiry if:
24
(a) the inquiry is in response to a complaint made to the
25
Commission after the commencement of this item; or
26
(b) both:
27
(i) the inquiry is not in response to a complaint made to the
28
Commission; and
29
(ii) the inquiry began after the commencement of this item.
30
(2)
The amendments made by items 1, 27 to 38 and 40 to 51 apply in
31
relation to a complaint lodged after the commencement of this item.
32
Schedule 2 Amendment of the Australian Human Rights Commission Act 1986
18
Human Rights Legislation Amendment Bill 2017
No. , 2017
(3)
The amendments made by items 9 and 14 apply in relation to a
1
complaint made after the commencement of this item.
2
(4)
Subsection 20(9) of the Australian Human Rights Commission Act 1986
3
(as amended by this Schedule) applies in relation to the performance of
4
functions referred to in paragraph 11(1)(f) of that Act if:
5
(a) the performance of the functions is in response to a complaint
6
made to the Commission after the commencement of this
7
item; or
8
(b) both:
9
(i) the performance of the functions is not in response to a
10
complaint; and
11
(ii) the performance of the functions began after the
12
commencement of this item.
13
(5)
Subsection 32(4) of the Australian Human Rights Commission Act 1986
14
(as amended by this Schedule) applies in relation to the performance of
15
functions referred to in paragraph 31(b) of that Act if:
16
(a) the performance of the functions is in response to a complaint
17
made to the Commission after the commencement of this
18
item; or
19
(b) both:
20
(i) the performance of the functions is not in response to a
21
complaint; and
22
(ii) the performance of the functions began after the
23
commencement of this item.
24
(6)
Subsection 20(10) of the Australian Human Rights Commission Act
25
1986 (as amended by this Schedule) applies in relation to a complaint
26
made after the commencement of this item.
27
(7)
Subsection 32(5) of the Australian Human Rights Commission Act 1986
28
(as amended by this Schedule) applies in relation to a complaint made
29
after the commencement of this item.
30
(8)
The amendment made by item 39 applies in relation to a complaint
31
lodged after the commencement of this item if the alleged acts,
32
omissions or practices took place after the commencement of this item.
33
(9)
The amendments made by items 52, 53 and 57 apply in relation to an
34
application made to the Federal Court or the Federal Circuit Court
35
under section 46PO of the Australian Human Rights Commission Act
36
Amendment of the Australian Human Rights Commission Act 1986 Schedule 2
No. , 2017
Human Rights Legislation Amendment Bill 2017
19
1986 after the commencement of this item, if the relevant complaint
1
mentioned in paragraph 46PO(1)(a) of that Act was lodged after the
2
commencement of this item.
3
59 Transitional
--tabling of reports
4
Despite the amendment of section 46M of the Australian Human Rights
5
Commission Act 1986 made by this Schedule, that section continues to
6
apply, in relation to a report received by the Minister under
7
paragraph 46C(1)(a) of that Act before the commencement of this item,
8
as if that amendment had not been made.
9
Schedule 3 Amendment of the Native Title Act 1993
20
Human Rights Legislation Amendment Bill 2017
No. , 2017
Schedule 3--Amendment of the Native Title
1
Act 1993
2
3
Native Title Act 1993
4
1 Section 209
5
Repeal the section, substitute:
6
209 Reports by Aboriginal and Torres Strait Islander Social Justice
7
Commissioner
8
The Commonwealth Minister may, by written notice, direct the
9
Aboriginal and Torres Strait Islander Social Justice Commissioner
10
to report to the Commonwealth Minister about:
11
(a) the operation of this Act; or
12
(b) the effect of this Act on the exercise and enjoyment of human
13
rights of Aboriginal peoples and Torres Strait Islanders.
14
Note:
The Aboriginal and Torres Strait Islander Social Justice
15
Commissioner is appointed under the Australian Human Rights
16
Commission Act 1986.
17