DISABILITY DISCRIMINATION AND OTHER HUMAN RIGHTS LEGISLATION AMENDMENT ACT 2009 - SCHEDULE 3 Australian Human Rights Commission

Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act's previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 ).

36 Subsection 3(1) (definition of Commission )

Omit "Human Rights and Equal Opportunity Commission", substitute "Australian Human Rights Commission".

37 Part II (heading)

Repeal the heading, substitute:

Part II -- Australian Human Rights Commission

38 Subsection 7(1)

Omit "Human Rights and Equal Opportunity Commission", substitute "Australian Human Rights Commission".

Note: The heading to section 7 is replaced by the heading " Australian Human Rights Commission ".

Human Rights (Sexual Conduct) Act 1994

39 Subsection 4(1) (note)

Omit " Human Rights and Equal Opportunity Commission Act 1986 ", substitute " Australian Human Rights Commission Act 1986 ".

Inspector - General of Intelligence and Security Act 1986

40 Subsection 3(1) (definition of discrimination )

Omit " Human Rights and Equal Opportunity Commission Act 1986 ", substitute " Australian Human Rights Commission Act 1986 ".

41 Subsection 3(1) (definition of human rights )

Omit " Human Rights and Equal Opportunity Commission Act 1986 ", substitute " Australian Human Rights Commission Act 1986 ".

42 Subparagraphs 8(1)(a)(v), (2)(a)(iv) and (3)(b)(i)

Omit "Human Rights and Equal Opportunity Commission", substitute "Australian Human Rights Commission".

Migration Act 1958

43 Paragraph 193(3)(a)

Omit "Human Rights and Equal Opportunity Commission", substitute "Australian Human Rights Commission".

44 Paragraph 193(3)(a)

Omit " Human Rights and Equal Opportunity Commission Act 1986 ", substitute " Australian Human Rights Commission Act 1986 ".

Native Title Act 1993

45 Preamble

Omit " Human Rights and Equal Opportunity Commission Act 1986 ", substitute " Australian Human Rights Commission Act 1986 ".

46 Subsection 209(1)

Omit " Human Rights and Equal Opportunity Commission Act 1986 ", substitute " Australian Human Rights Commission Act 1986 ".

Privacy Act 1988

47 Preamble

Omit " Human Rights and Equal Opportunity Commission Act 1986 ", substitute " Australian Human Rights Commission Act 1986 ".

48 Subsection 50(1)

Insert:

"Australian Human Rights Commission" includes a person performing functions of that Commission.

49 Subsection 50(1) (definition of Human Rights and Equal Opportunity Commission )

Repeal the definition.

50 Subparagraph 50(2)(a)(i)

Omit "Human Rights and Equal Opportunity Commission", substitute "Australian Human Rights Commission".

51 Subparagraph 50(2)(a)(i)

Omit " Human Rights and Equal Opportunity Commission Act 1986 ", substitute " Australian Human Rights Commission Act 1986 ".

52 Subsection 50(2)

Omit "by the Human Rights and Equal Opportunity Commission", substitute "by the Australian Human Rights Commission".

53 Paragraph 50(2)(c)

Omit "Human Rights and Equal Opportunity Commission", substitute "Australian Human Rights Commission".

54 At the end of paragraph 50(2)(c)

Add "and".

55 Paragraph 50(2)(e)

Omit "Human Rights and Equal Opportunity Commission", substitute "Australian Human Rights Commission".

56 Subparagraph 50(3)(a)(i)

Omit "Human Rights and Equal Opportunity Commission", substitute "Australian Human Rights Commission".

57 Subparagraph 50(3)(a)(i)

Omit " Human Rights and Equal Opportunity Commission Act 1986 ", substitute " Australian Human Rights Commission Act 1986 ".

Privacy Amendment (Office of the Privacy Commissioner) Act 2000

58 Clause 15 of Schedule 1 (note)

After "Note", insert "1".

59 At the end of clause 15 of Schedule 1

Add:

Note 2: The Human Rights and Equal Opportunity Act 1986 has been renamed the Australian Human Rights Commission Act 1986 . See Part 1 of Schedule 3 to the Disability Discrimination and Other Human Rights Legislation Amendment Act 2009 .

Racial Discrimination Act 1975

60 Subsection 3(1) (definition of Commission )

Repeal the definition, substitute:

"Commission" means the Australian Human Rights Commission.

61 Subsection 6A(2)

Omit " Human Rights and Equal Opportunity Commission Act 1986 " (wherever occurring), substitute " Australian Human Rights Commission Act 1986 ".

62 Subsection 18C(1) (note)

Omit " Human Rights and Equal Opportunity Commission Act 1986 ", substitute " Australian Human Rights Commission Act 1986 ".

63 Subsection 18C(1) (note)

Omit "Human Rights and Equal Opportunity Commission", substitute "Australian Human Rights Commission".

64 Section 20

Omit "(1)".

65 Section 20 (note)

Omit " Human Rights and Equal Opportunity Commission Act 1986 ", substitute " Australian Human Rights Commission Act 1986 ".

66 At the end of paragraphs 27(2)(a) and (b)

Add "or".

67 Paragraph 27(2)(e)

Omit " Human Rights and Equal Opportunity Commission Act 1986 ;", substitute " Australian Human Rights Commission Act 1986 ; or".

68 Paragraphs 27(2)(f) and (g)

Omit " Human Rights and Equal Opportunity Commission Act 1986 ", substitute " Australian Human Rights Commission Act 1986 ".

69 At the end of paragraph 27F(3)(a)

Add "or".

70 Paragraph 27F(3)(b)

Omit " Human Rights and Equal Opportunity Commission Act 1986 ", substitute " Australian Human Rights Commission Act 1986 ".

Remuneration Tribunal Act 1973

71 Subsection 8B(1)

Omit " Human Rights and Equal Opportunity Commission Act 1986 ", substitute " Australian Human Rights Commission Act 1986 ".

72 Paragraph 8C(1)(a)

Omit " Human Rights and Equal Opportunity Commission Act 1986 ", substitute " Australian Human Rights Commission Act 1986 ".

73 Subsection 8C(2) (paragraph (a) of the definition of discriminatory determination )

Omit " Human Rights and Equal Opportunity Commission Act 1986 ", substitute " Australian Human Rights Commission Act 1986 ".

Sex Discrimination Act 1984

74 Subsection 4(1) (definition of Commission )

Repeal the definition, substitute:

"Commission" means the Australian Human Rights Commission.

75 Subsection 4(1) (definition of enactment )

Omit " Human Rights and Equal Opportunity Commission Act 1986 ", substitute " Australian Human Rights Commission Act 1986 ".

76 Subsection 4(1) (definition of proposed enactment )

Omit " Human Rights and Equal Opportunity Commission Act 1986 ", substitute " Australian Human Rights Commission Act 1986 ".

77 Subsections 10(4) and 11(4)

Omit " Human Rights and Equal Opportunity Commission Act 1986 " (wherever occurring), substitute " Australian Human Rights Commission Act 1986 ".

78 Part III (heading)

Repeal the heading, substitute:

Part III -- Functions of the Australian Human Rights Commission

79 Subsection 48(1) (note)

Omit " Human Rights and Equal Opportunity Commission Act 1986 ", substitute " Australian Human Rights Commission Act 1986 ".

Note: The heading to section 48 is replaced by the heading " Functions of the Commission ".

80 Subsection 92(1)

Omit " Human Rights and Equal Opportunity Commission Act 1986 " (first occurring), substitute " Australian Human Rights Commission Act 1986 ".

81 At the end of paragraph 92(1)(a)

Add "or".

82 Paragraphs 92(1)(ab) and (b)

Omit " Human Rights and Equal Opportunity Commission Act 1986 ", substitute " Australian Human Rights Commission Act 1986 ".

83 At the end of paragraph 92(2)(a)

Add "or".

84 Paragraph 92(2)(b)

Omit " Human Rights and Equal Opportunity Commission Act 1986 ;", substitute " Australian Human Rights Commission Act 1986 ; or".

85 At the end of subparagraphs 92(2)(c)(i), (ii) and (iv), (d)(i), (ii) and (iv) and (e)(i) and (ii)

Add "or".

86 Paragraph 94(2)(a)

Omit " Human Rights and Equal Opportunity Commission Act 1986 ;", substitute " Australian Human Rights Commission Act 1986 ; or".

87 Paragraph 94(2)(b)

Omit " Human Rights and Equal Opportunity Commission Act 1986 ", substitute " Australian Human Rights Commission Act 1986 ".

88 At the end of paragraph 94(2)(b)

Add "or".

89 Paragraphs 94(2)(c), (d) and (e)

Omit " Human Rights and Equal Opportunity Commission Act 1986 ;", substitute " Australian Human Rights Commission Act 1986 ; or".

90 Paragraph 94(2)(f)

Omit " Human Rights and Equal Opportunity Commission Act 1986 ", substitute " Australian Human Rights Commission Act 1986 ".

91 At the end of paragraph 112(3)(a)

Add "or".

92 Paragraph 112(3)(b)

Omit " Human Rights and Equal Opportunity Commission Act 1986 ", substitute " Australian Human Rights Commission Act 1986 ".

Supported Accommodation Assistance Act 1994

93 Preamble

Omit " Human Rights and Equal Opportunity Commission Act 1986 ", substitute " Australian Human Rights Commission Act 1986 ".

Division 2--Other amendments

Fair Work Act 2009

111 Paragraph 135(1)(b)

Omit "HREOC", substitute "the Australian Human Rights Commission".

112 Subsection 161(1)

Omit " Human Rights and Equal Opportunity Commission Act 1986 ", substitute " Australian Human Rights Commission Act 1986 ".

Note: The heading to section 161 is altered by omitting " HREOC " and substituting " Australian Human Rights Commission ".

113 Subsection 218(1)

Omit " Human Rights and Equal Opportunity Commission Act 1986 ", substitute " Australian Human Rights Commission Act 1986 ".

Note: The heading to section 218 is altered by omitting " HREOC " and substituting " Australian Human Rights Commission ".

114 Subsection 732(3)

Omit " Human Rights and Equal Opportunity Commission Act 1986 ", substitute " Australian Human Rights Commission Act 1986 ".

Sex Discrimination Act 1984

115 Paragraphs 9(10A)(a) and (c)

Omit " Human Rights and Equal Opportunity Commission Act 1986 ", substitute " Australian Human Rights Commission Act 1986 ".

116 Subsection 11A(4)

Omit " Human Rights and Equal Opportunity Commission Act 1986 " (wherever occurring), substitute " Australian Human Rights Commission Act 1986 ".

Part 2 -- Other amendments

Disability Discrimination Act 1992

117 Subsection 113(2)

Omit "Governor - General", substitute "Minister".

118 Subsection 126(1)

Repeal the subsection, substitute:

(1A) Subsection (1) applies in relation to any of the following persons:

(a) the Commission;

(b) the Commissioner or another member of the Commission;

(i) the Commission; or

(ii) the Commissioner or another member of the Commission;

(d) a person acting under a delegation under section 121.

(1) The person is not liable to an action or other proceeding for damages for or in relation to an act done, or omitted to be done, in good faith in the performance, or purported performance, of any function, or in the exercise or purported exercise of any power or authority, conferred on the Commission, the Commissioner or the other member of the Commission.

Human Rights and Equal Opportunity Commission Act 1986

119 Subsection 8B(2)

Omit "Governor - General", substitute "Minister".

120 At the end of subparagraphs 14(2)(b)(i) and (ii)

Add "or".

121 Paragraph 14(2)(b)

After "person acting", insert "for or".

122 Subsection 14(7) (penalty)

Repeal the penalty, substitute:

Penalty: 10 penalty units.

123 Section 17

Repeal the section.

124 At the end of paragraph 20(1)(a)

Add "or".

125 Paragraph 20(1)(b)

Omit "alleging that an", substitute ", by or on behalf of one or more persons aggrieved by an act or practice, alleging that the".

126 At the end of paragraph 20(2)(a)

Add "or".

127 Paragraph 20(2)(b)

Omit "desire that the inquiry be held or continued", substitute "want the Commission to inquire, or to continue to inquire, into the act or practice".

128 At the end of subparagraphs 20(2)(c)(i) to (iv)

Add "or".

129 At the end of paragraph 20(2)(c)

Add:

; or (vii) the Commission is satisfied that the complaint has been settled or resolved.

130 Application

Subparagraph 20(2)(c)(vii) of the Human Rights and Equal Opportunity Commission Act 1986 , as added by this Part, applies in relation to complaints made to the Commission before, on or after the commencement of this Part.

131 Subsection 23(1) (penalty)

Repeal the penalty, substitute:

Penalty: 10 penalty units.

132 Subsection 23(2)

Repeal the subsection, substitute:

(2) A person commits an offence if:

(a) the person has been served with a notice under subsection 21(5); and

(b) the person:

(i) refuses or fails to comply with the notice; or

(ii) when attending before a member in compliance with the notice, refuses or fails to answer a question that is required by the member to be answered.

Penalty: 10 penalty units.

133 Subsection 24(1)

After "person acting" (wherever occurring), insert "for or".

134 At the end of paragraphs 24(1)(a) to (f)

Add "or".

135 Subsection 24(2)

After "person acting" (wherever occurring), insert "for or".

136 Paragraph 26(1)(b)

After "person acting", insert "for or".

137 Subsection 26(1) (penalty)

Repeal the penalty, substitute:

Penalty: 10 penalty units.

138 At the end of paragraphs 26(2)(a), (b), (e) and (f)

Add "or".

139 Paragraph 26(2)(g)

After "person acting", insert "for or".

140 Paragraph 26(2)(j)

Omit "$2,500", substitute "25 penalty units".

141 Paragraph 26(2)(k)

Omit "$10,000", substitute "100 penalty units".

142 At the end of paragraph 32(1)(a)

Add "or".

143 Paragraph 32(1)(b)

Omit "alleging that an", substitute ", by or on behalf of one or more persons aggrieved by an act or practice, alleging that the".

144 At the end of paragraph 32(3)(a)

Add "or".

145 Paragraph 32(3)(b)

Omit "desire that the inquiry be held or continued", substitute "want the Commission to inquire, or to continue to inquire, into the act or practice".

146 At the end of subparagraphs 32(3)(c)(i) to (iv)

Add "or".

147 At the end of paragraph 32(3)(c)

Add:

; or (vii) the Commission is satisfied that the complaint has been settled or resolved.

148 Application

Subparagraph 32(3)(c)(vii) of the Human Rights and Equal Opportunity Commission Act 1986 , as added by this Part, applies in relation to complaints made to the Commission before, on or after the commencement of this Part.

149 Subsection 46B(2)

Omit "Governor - General", substitute "Minister".

150 At the end of subsection 46C(1)

Add:

Note: Functions are also conferred on the Commission under section 209 of the Native Title Act 1993 .

151 Subsection 46PF(1)

Omit "If", substitute "Subject to subsection (5), if".

152 At the end of section 46PF

Add:

(5) The President may decide not to inquire into the complaint, or, if the President has started inquiring into the complaint, may decide not to continue to inquire into the complaint, if:

(a) the President is satisfied that the person aggrieved by the alleged unlawful discrimination does not want the President to inquire, or to continue to inquire, into the complaint; or

(b) the President is satisfied that the complaint has been settled or resolved.

153 Application

Subsection 46PF(5) of the Human Rights and Equal Opportunity Commission Act 1986 , as added by this Part, applies in relation to complaints referred to the President before, on or after the commencement of this Part.

154 Subsection 46PO(2)

Omit "28 days", substitute "60 days".

155 Application

The amendment of subsection 46PO(2) of the Human Rights and Equal Opportunity Commission Act 1986 made by this Part applies in relation to a notice issued under subsection 46PH(2) of that Act:

(a) within 28 days before the commencement of this Part; or

(b) on or after the commencement of this Part.

156 Subsection 47(1)

Omit "writing", substitute "legislative instrument".

157 Subsections 47(2) to (4)

Repeal the subsections, substitute:

(2) The declaration must include:

(a) a copy of the international instrument; and

(b) a copy of whichever of the following is applicable:

(i) Australia's instrument of ratification of, or accession to, the international instrument;

(ii) the terms of any explanation given by Australia of its vote in respect of the international instrument.

(3) Part 6 (sunsetting) of the Legislative Instruments Act 2003 does not apply to the declaration.

158 Application

(1) Subsection 47(2) of the Human Rights and Equal Opportunity Commission Act 1986 , as amended by this Part, applies to declarations made after the commencement of this Part.

(2) Subsection 47(3) of the Human Rights and Equal Opportunity Commission Act 1986 , as amended by this Part, applies to declarations made before, on or after the commencement of this Part.

159 Subsection 48(1)

Repeal the subsection, substitute:

(1) Subsection (2) applies in relation to any of the following persons:

(a) the Commission;

(b) a member of the Commission;

(i) the Commission; or

(ii) a member of the Commission.

(2) The person is not liable to an action or other proceeding for damages for or in relation to an act done, or omitted to be done, in good faith in performance, or purported performance, of any function, or in exercise or purported exercise of any power, conferred on the Commission or the member.

160 Subsection 49(1)

After "at any time acted,", insert "for or".

161 Paragraph 49(1)(a)

After "having acted,", insert "for or".

162 At the end of paragraph 49(1)(a)

Add "or".

163 Subsection 49(1) (penalty)

Omit "$5,000", substitute "50 penalty units".

164 Subsection 49(2)

After "at any time acted,", insert "for or".

165 Paragraphs 49(2)(a) and (b)

After "having acted,", insert "for or".