1Short title
This Act may be cited as the Human Rights and Equal Opportunity Commission (Transitional Provisions and Consequential Amendments) Act 1986.
Parliamentary material from APH and the Federal Register of Legislation. Links open the official source in a new tab.
This Act may be cited as the Human Rights and Equal Opportunity Commission (Transitional Provisions and Consequential Amendments) Act 1986.
This Act shall come into operation on the day fixed under section 2 of the Human Rights and Equal Opportunity Commission Act 1986.
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“former Commission” means the Human Rights Commission established by the repealed Act;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“repealed Act” means the Human Rights Commission Act 1981.
PART II—REPEAL OF THE HUMAN RIGHTS COMMISSION ACT 1981
The Human Rights Commission Act 1981 is repealed.
Operation of Commission Act, &c.
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.
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Commission, or a Minister, as the case may be, before the commencement time, under the corresponding provision of the repealed Act.
Sub-section (2) does not apply in relation to a reference to—
a declaration made by the Minister under section 18 of the Commission Act; or
a declaration made by the Minister under section 47 of the Commission Act.
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had commenced to perform, in relation to a particular matter, a function conferred on the former Commission by the repealed Act, but had not completed the performance of that function—
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
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.
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.
An arrangement in force immediately before the commencement time, being an arrangement made under section 11 of the repealed Act, has effect, after the commencement time, for or in connection with the performance of functions or the exercise of powers pursuant to sub-section 5 (4) or (5) of this Act as if—
a reference in the arrangement to the Human Rights Commission were (except in relation to matters that occurred before the commencement time) a reference to the Human Rights and Equal Opportunity Commission; and
a reference in the arrangement to the Human Rights Commission Act 1981, or to a provision of that Act, were a reference to the Human Rights and Equal Opportunity Commission Act 1986, or to the corresponding provision of that last-mentioned Act, as the case may be.
References in agreements, &c., to former Commission
An agreement or instrument in force immediately before the commencement time, being an agreement or instrument to which the former Commission was a party, has effect, after the commencement time, as if—
the Commission were substituted for the former Commission as a party to the agreement or instrument; and
any reference in the agreement or instrument to the Human Rights Commission were (expect in relation to matters that occurred before the commencement time) a reference to the Human Rights and Equal Opportunity Commission.
Notwithstanding the repeal effected by section 4, the provisions of section 34 of the repealed Act continue to operate in relation to a person who, immediately before the commencement time, was a person to whom that section applied.
Where an Act appropriates money for the purposes of, or in connection with the activities of, the Human Rights Commission, references in that Act to the Human Rights Commission shall, after the commencement time, be read as references to the Human Rights and Equal Opportunity Commission.
PART III—AMENDMENTS OF THE RACIAL DISCRIMINATION ACT 1975
The Racial Discrimination Act 19751 is in this Part referred to as the Principal Act.
Section 2 of the Principal Act is amended by omitting sub-section (3).
Section 3 of the Principal Act is amended—
by omitting from sub-section (1) the definition of “Commissioner” and substituting the following definitions:
“‘Commission’ means the Human Rights and Equal Opportunity Commission established by the Human Rights and Equal Opportunity Commission Act 1986;
‘Commissioner’ means the Race Discrimination Commissioner appointed under section 29;”;
by omitting from sub-section (1) the definition of “Human Rights Commission” and substituting the following definition:
“‘Federal Court’ means the Federal Court of Australia;”; and
by inserting after the definition of “member” in sub-section (1) the following definition:
“‘registered organisation’ means an organisation registered pursuant to the Conciliation and Arbitration Act 1904;”.
Showing the first 12 of 49 provisions. See all provisions