Federal Register of Legislation - Australian Government

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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 01 Oct 2010
Introduced Senate 29 Sep 2010

 

2010

 

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 2010

 

No.      , 2010

 

(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 2010.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

 

2.  Schedule 1

The later of:

(a)  immediately after commencement of Schedule 1 of the Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial Discrimination Act) Act 2010; or

(b) the day on which this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

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  After section 3

Insert:

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.

Northern Territory National Emergency Response Act 2007

2  After section 131

Insert:

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.

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

3  After section 3

Insert:

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.