Commonwealth of Australia Explanatory Memoranda

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FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS AND OTHER LEGISLATION AMENDMENT (RESTORATION OF RACIAL DISCRIMINATION ACT) BILL 2009

                                        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.

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