HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1986 No. 126, 1986
HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1986 No. 126 of 1986 - TABLE OF PROVISIONS
TABLE OF PROVISIONS PART I-PRELIMINARYSection 1. Short title 2. Commencement 3. Interpretation PART II-REPEAL OF THE HUMAN RIGHTS COMMISSION ACT 1981 4. Repeal 5. Operation of Commission Act, &c. 6. Inter-governmental arrangements 7. References in agreements, &c., to former Commission 8. Obligation of secrecy 9. Transfer of funds PART III-AMENDMENTS OF THE RACIAL DISCRIMINATION ACT 1975 10. Principal Act 11. Commencement 12. Interpretation 13. Repeal of section 6 and insertion of new section: 6. Act binds the Crown 14. Land, housing and other accommodation 15. Employment 16. Advertisements 17. Repeal of Part III and insertion of new Part: PART III-INQUIRIES AND CIVIL PROCEEDINGS Division 1-Preliminary 19. Race Discrimination Commissioner 20. Functions of Commission 21. Function of Commissioner 22. Complaints 23. Commissioner deemed to be a complainant Division 2-Inquiries by Commissioner 24. Inquiries by Commissioner 24A. Application for interim determination under section 25Y 24B. Power to obtain information and documents 24C. Directions to persons to attend compulsory conference 24D. Compulsory conference 24E. Reference of matters to the Commission Division 3-Inquiries by Human Rights and Equal Opportunity Commission 24F. Minister may appoint persons to participate in inquiries 25. Reference of matter to the Commission by the Minister 25A. Inquiries into complaints 25B. Exercise of inquiry powers by Commission 25C. Single inquiry in relation to several complaints 25D. Joinder of parties by the Commission 25E. Notice of inquiry and rights of parties at inquiry 25F. Parties to an inquiry 25G. Right of appearance and to representation 25H. Inquiries may be held in private 25J. Commission may prohibit publication of evidence, &c. 25K. Counsel assisting the Commission 25L. Determination of representative complaints 25M. Matters to be considered in determination of representative complaints 25N. Amendment of representative complaints 25P. Ordinary complaints not precluded by representative complaints 25Q. Resolution of complaint by conciliation 25R. Evidence and findings in other proceedings 25S. Powers of Commission to take evidence 25T. Fees for witnesses 25U. Retention and copying of documents 25V. Application of rules of evidence, &c. 25W. Consideration of exceptions and exemptions 25X. Commission may dismiss frivolous, &c., complaints 25Y. Making of interim determination 25Z. Determination or other decision of the Commission 25ZA. Proceedings in Federal Court 25ZB. Assistance in proceedings before Commission 25ZC. Assistance in proceedings before Federal Court 18. Offences relating to administration of Act 19. Insertion of new sections: 27A. Failure to attend conference 27B. Failure to furnish information, &c. 27C. Offences in relation to Commission 27D. Self-incrimination 27E. False or misleading information 27F. Non-disclosure of private information 20. Establishment and functions of Council 21. Amendment of heading to Division 1 of Part VI
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22. Repeal of sections 29 and 30 and insertion of new sections: 29. Appointment of Race Discrimination Commissioner 30. Terms and conditions of appointment 23. Termination of appointment 24. Repeal of section 37 25. Repeal of section 39 26. Delegation 27. Repeal of section 44A 28. Repeal of section 45 29. Commissioner to furnish information 30. Amendments of certain provisions of the Principal Act 31. Operation of Racial Discrimination Act 32. Consents by former Commission 33. Certificates by former Commission 34. Delegations by former Commission and former Commissioner PART IV-AMENDMENTS OF THE SEX DISCRIMINATION ACT 1984 35. Principal Act 36. Interpretation 37. Functions of Human Rights and Equal Opportunity Commission 38. Functions of Commissioner 39. Amendment of heading to Division 3 of Part III 40. Insertion of new section: 57A. Minister may appoint persons to participate in inquiries 41. Exercise of inquiry powers by Commission 42. Making of interim determination 43. Particulars of complaints not to be communicated 44. Terms and conditions of appointment 45. Non-disclosure of private information 46. Operation of Sex Discrimination Act 47. Operation of certain provisions of Sex Discrimination Act SCHEDULE AMENDMENTS OF CERTAIN PROVISIONS OF THE RACIAL DISCRIMINATION ACT 1975 HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1986 No. 126 of 1986 - LONG TITLE
An Act to repeal the Human Rights Commission Act 1981 and to enact certain transitional provisions and make certain amendments in consequence of the enactment of the Human Rights and Equal Opportunity Commission Act 1986 HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1986 No. 126 of 1986 - PART I PART I-PRELIMINARY
HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1986 No. 126 of 1986 - SECT 1 Short title
(Assented to 6 December 1986) 1. This Act may be cited as the Human Rights and Equal Opportunity Commission (Transitional Provisions and Consequential Amendments) Act 1986. (Minister's second reading speech made in- House of Representatives on 9 October 1985 Senate on 2 December 1985) HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1986 No. 126 of 1986 - SECT 2 Commencement
2. This Act shall come into operation on the day fixed under section 2 of the Human Rights and Equal Opportunity Commission Act 1986.
HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1986 No. 126 of 1986 - SECT 3 Interpretation
3. In this Act, unless the contrary intention appears- "commencement time" means the commencement of this Act; "Commission" means the Human Rights and Equal Opportunity Commission established by the Commission Act; "Commission Act" means the Human Rights and Equal Opportunity Commission Act 1986; "former Commission" means the Human Rights Commission established by the repealed Act; "former Commissioner" means the Commissioner for Community Relations who held office under the Racial Discrimination Act 1975 immediately before the commencement time; "repealed Act" means the Human Rights Commission Act 1981. HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1986 No. 126 of 1986 - PART II PART II-REPEAL OF THE HUMAN RIGHTS COMMISSION ACT 1981
HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1986 No. 126 of 1986 - SECT 4 Repeal
4. The Human Rights Commission Act 1981 is repealed.
HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION (TRANSITIONAL PROVISIONS AND
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CONSEQUENTIAL AMENDMENTS) ACT 1986 No. 126 of 1986 - SECT 5 Operation of Commission Act, &c.
5. (1) A reference in the Commission Act to a complaint to the Commission shall be read as including a reference to a complaint made, before the commencement time, to the former Commission, being a complaint that had not been finally dealt with before the commencement time.
(2) Subject to sub-section (3), a reference in the Commission Act, or in any other enactment, to an act or thing done by or to, or an instrument made by or given to, the Commission, a member of the Commission, or a Minister, under a provision of the Commission Act shall be read as including a reference to an act or thing done by or to, or an instrument made by or given to, the former Commission, a member of the former Commission, or a Minister, as the case may be, before the commencement time, under the corresponding provision of the repealed Act.
(3) Sub-section (2) does not apply in relation to a reference to- (a) a declaration made by the Minister under section 18 of the Commission Act; or (b) a declaration made by the Minister under section 47 of the Commission Act. (4) Where, before the commencement time, the former Commission had commenced to perform, in relation to a particular matter, a function conferred on the former Commission by the repealed Act, but had not completed the performance of that function- (a) the Commission may continue and complete the performance of that function in relation to that matter as if the Commission Act had been in force at the time when the former Commission commenced to perform the function; and (b) for the purposes of the performance of that function under paragraph (a), references in the Commission Act to a matter under examination or inquiry shall be read as including references to a matter under examination or inquiry by the Commission pursuant to that paragraph. (5) Where, before the commencement time, a person had commenced to inquire into an act or practice, or to investigate a particular aspect of an act or practice, pursuant to a resolution by the former Commission under sub-section 13 (1) of the repealed Act but had not completed the inquiry or investigation, the person may, after the commencement time, continue and complete the inquiry or investigation as if the power to inquire into that act or practice, or investigate that act or practice, had been delegated to the person under section 19 of the Commission Act.