Human Rights and Equal Opportunity Commission (Transitional Provisions and Consequential Amendments) Act 1986
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Commission, or a Minister, as the case may be, before the commencement time, under the corresponding provision of the repealed Act.
1 Section 1
Cites this Act as the Human Rights and Equal Opportunity Commission (Transitional Provisions and Consequential Amendments) Act 1986.
2 Section 2
3 Section 3
4 Section 4
Repeal of Human Rights Commission Act 1981
5 Section 5
5(1) Section 5
Reference to a complaint made before commencement time includes reference to former Commission.
Inclusion of a complaint made before commencement time.
5(2) Section 5
Reference to Commission Act includes reference to former Commission before commencement time.
5(3) Section 5
Exempts declarations from Commission Act from subsection (2)
5(4) Section 5
Commission may not complete performance of function before commencement time.
5(5) Section 5
Continue and complete inquiry or investigation after commencement time.
6 Section 6
Preserves arrangements made under repealed Act for certain purposes after commencement.
7 Section 7
An agreement or instrument in force immediately before the commencement time has effect as if the Commission were substituted for the former Commission.
Substitution of parties in agreements and instruments
The Commission is substituted for the former Commission as a party to the agreement or instrument.
The agreement or instrument has effect as if the Commission were substituted for the former Commission.
8 Section 8
Continuation of provisions from repealed Act
9 Section 9
References to Human Rights Commission shall be read as references to Human Rights and Equal Opportunity Commission after commencement.
Imposes a duty on the Act to refer to Human Rights and Equal Opportunity Commission.
10 Section 10
11 Section 11
Amendment of Section 2 of the Principal Act
12 Section 12
Amends definitions in Section 3 of the Principal Act.
13 Section 13
Repeals Section 6 of the Principal Act and substitutes a new section.
14 Section 14
Exempts certain acts from being unlawful in relation to shared accommodation.
15 Section 15
Exempts certain employment-related acts from being unlawful.
Permits specific actions without obligation.
16 Section 16
17 Section 17
17(1) Section 17
A person with a judicial office must enter into an arrangement with the appropriate Minister.
17(6) Section 17
The Commonwealth may reimburse a State for services related to an arrangement. The complainant must be a member of a class of persons affected by the respondent's conduct.
May provide for Commonwealth reimbursement.
The complainant must be a member of a class of persons affected by the respondent's conduct.
The complainant is a member of a class of persons, the members of which class have been affected, or may reasonably be likely to be affected.
17(2) Section 17
The Commission must pay for documents produced in an inquiry.
The Commission may retain and make copies of documents produced in an inquiry.
Documents produced in an inquiry are related to the payment of documents
18 Section 18
19 Section 19
Failure to attend conference is an obligation.
Part IV is a subclass of the Principal Act.
20 Section 20
Amendment of heading to Division 1 of Part VI
21 Section 21
22 Section 22
The Commissioner must be appointed by the Governor-General.
23 Section 23
Amendment of section 34 of the Principal Act
24 Section 24
25 Section 25
26 Section 26
Amendment of section 40 of the Principal Act
27 Section 27
28 Section 28
29 Section 29
Amendments of certain provisions of the Principal Act
30 Section 30
31 Section 31
31(1) Section 31
Reference to a complaint made before commencement time includes reference to complaint made to former Commission.
Inclusive reading of reference to complaint
31(2) Section 31
Commission may continue and complete performance of function in relation to matter.
Commission may continue and complete performance of function.
32 Section 32
Consent given by former Commission is deemed valid after commencement.
Validates consent given by former Commission.
33 Section 33
Deemed certificate for Racial Discrimination Act 1975 proceedings
34 Section 34
34(1) Section 34
Delegation of power from former Commission to a person.
34(2) Section 34
Delegation of power to person not being a member of staff
Race Discrimination Commissioner has power
Person delegated by former Commissioner must exercise power
35 Section 35
36 Section 36
Amends definitions in Section 4 of the Principal Act.
37 Section 37
Amendments to Section 48 of the Principal Act
Imposes a duty on the State to amend Section 48 of the Principal Act
38 Section 38
Amendment of Section 49 of the Principal Act
Requires relation between identifiable temporal intervals
39 Section 39
40 Section 40
Minister may appoint persons to participate in inquiries.
Classifies the Minister as a person who may appoint others.
41 Section 41
The President may direct that the Commission's inquiry powers be exercised by a single member or multiple members with at least one legally qualified person.
The President may direct the exercise of inquiry powers.
42 Section 42
Prohibition on communicating particulars of complaints
Prohibits communication of particulars of complaints
43 Section 43
Amend section 92 of the Principal Act regarding appointment arrangements.
44 Section 44
44(1) Section 44
Amend Section 97 of the Principal Act to substitute a longer time period.
44(2) Section 44
Non-disclosure of private information is an obligation for the person who held office as the Sex Discrimination Commissioner.
45 Section 45
Amends Section 112 of the Principal Act to modify penalties and exemptions.
Classifies information as required or permitted by an Act.
Defines temporal overlap for disclosure of information.
Establishes an implication between disclosure and compliance with an Act.
Describes information flow for disclosure of sensitive information.
46 Section 46
46(1) Section 46
Reference to former Commission includes complaints made before commencement time.
Complaints made before commencement time
Reference to former Commission includes complaints
Temporal relationship between complaints and commencement time
Complaints made before commencement time are included in reference to former Commission
46(2) Section 46
Reference to former Commission before commencement time
Inclusion of reference to former Commission
(2) A reference in the Sex Discrimination Act 1984...
The provision includes a reference to the former Commission.
Temporal relationship between commencement and reference
The reference is before the commencement time.
The provision is ordered by the former Commission's provision.
Diffusion of information between provisions
The provision diffuses information from the former Commission.
46(3) Section 46
Reference to Commission or its members includes reference to former Commission or its members before commencement time.
Inclusion of references to former Commission or its members.
Act or thing done by or to, or instrument made by or given to Commission or member.
Reference includes reference to former Commission or its members before commencement time.
Temporal relationship between references to Commission and former Commission.
Commencement time is after reference to Commission or its members.
Inclusion of references to former Commission or its members in Act or thing done by or to, or instrument made by or given to Commission or member.
Former Commission or its members are included in reference to Commission or its members.
46(4) Section 46
Reference to Commission includes former Commission.
46(5) Section 46
References to the former Commission are included in section 112 of the Sex Discrimination Act.
Includes references to the former Commission
Section 112 of the Sex Discrimination Act
The references in section 112 of the Sex Discrimination Act shall be read as including references to the former Commission.
46(6) Section 46
47 Section 47
47(1) Section 47
Publish a notice in relation to a decision made by the former Commission under section 44 of the Sex Discrimination Act 1984.
The Commission shall cause to be published...
Must be published before one month after the commencement time
Not later than one month after the commencement time...
If a decision was made under section 44, then a notice must be published
The former Commission had made a decision under section 44...
The notice is in accordance with sub-section 46 (1) of that Act.
47(2) Section 47
Commissioner must refer complaint to Commission after notice served before commencement time.
47(3) Section 47
Requirement to disclose information after notice served
47(4) Section 47
47(5) Section 47
Deems section 111 of the Sex Discrimination Act 1984 to continue operating for certain individuals.
Implies that section 111 of the Sex Discrimination Act 1984 continues to operate