Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend laws to restore the operation of the Racial Discrimination Act 1975 in the Northern Territory, and for related purposes
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 30 Oct 2009
Introduced Senate 29 Oct 2009

2008‑2009

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Restoration of Racial Discrimination Act) Bill 2009

 

No.      , 2009

 

(Senator Siewert)

 

 

 

A Bill for an Act to amend laws to restore the operation of the Racial Discrimination Act 1975 in the Northern Territory, and for related purposes

  

  


Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 1

3............ Schedule(s).......................................................................................... 2

Schedule 1—Amendments relating to the operation of the Racial Discrimination Act 1975           3

Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007                                          3

Northern Territory National Emergency Response Act 2007                             4

Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007 4

 


A Bill for an Act to amend laws to restore the operation of the Racial Discrimination Act 1975 in the Northern Territory, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Restoration of Racial Discrimination Act) Act 2009.

2  Commencement

                   This Act commences on the day on which it receives the Royal Assent.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Amendments relating to the operation of the Racial Discrimination Act 1975

Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007

1  Section 4

Repeal the section, substitute:

4  Racial Discrimination Act

             (1)  Without limiting the general operation of the Racial Discrimination Act 1975 in relation to the following Acts:

                     (a)  Aboriginal Land Rights (Northern Territory) Act 1976;

                     (b)  Australian Crime Commission Act 2002;

                     (c)  Australian Federal Police Act 1979;

                     (d)  Classification (Publications, Films and Computer Games) Act 1995;

the provisions of the Racial Discrimination Act 1975 are intended to prevail over the provisions of this Act.

             (2)  The provisions of this Act do not authorise conduct that is inconsistent with the provisions of the Racial Discrimination Act 1975.

             (3)  The provisions of this Act, and any acts done under or for the purposes of those provisions, are, for the purposes of the Racial Discrimination Act 1975, intended to qualify as special measures.

             (4)  Any act done, any decision made and any discretion exercised under or for the purposes of this Act must be consistent with the intended beneficial purpose of this Act.

             (5)  In this section, a reference to any act done includes a reference to any failure to do an act.

2  Section 5

Repeal the section.

Northern Territory National Emergency Response Act 2007

3  Section 132

Repeal the section, substitute:

132  Racial Discrimination Act

             (1)  The provisions of the Racial Discrimination Act 1975 are intended to prevail over the provisions of this Act.

             (2)  The provisions of this Act do not authorise conduct that is inconsistent with the provisions of the Racial Discrimination Act 1975.

             (3)  The provisions of this Act, and any acts done under or for the purposes of those provisions, are, for the purposes of the Racial Discrimination Act 1975, intended to qualify as special measures.

             (4)  Any act done, any decision made and any discretion exercised under or for the purposes of this Act must be consistent with the intended beneficial purpose of this Act.

             (5)  In this section, a reference to any act done includes a reference to any failure to do an act.

4  Section 133

Repeal the section.

Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007

5  Section 4

Repeal the section, substitute:

4  Racial Discrimination Act

             (1)  Without limiting the general operation of the Racial Discrimination Act 1975 in relation the Social Security (Administration) Act 1999, the provisions of the Racial Discrimination Act 1975 are intended to prevail over the provisions of this Act and the provisions of the Social Security (Administration) Act 1999.

             (2)  The provisions of this Act do not authorise conduct that is inconsistent with the provisions of the Racial Discrimination Act 1975.

             (3)  The provisions of this Act, and any acts done under or for the purposes of those provisions, are, for the purposes of the Racial Discrimination Act 1975, intended to qualify as special measures.

             (4)  Any act done, any decision made and any discretion exercised under or for the purposes of this Act must be consistent with the intended beneficial purpose of this Act.

             (5)  In this section, a reference to any act done includes a reference to any failure to do an act.

6  Sections 5, 6 and 7

Repeal the sections.