Federal Register of Legislation - Australian Government

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SR 2000 No. 301 Regulations as made
Principal Regulations
Administered by: Attorney-General's
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR27-Nov-2000
Tabled Senate27-Nov-2000
Gazetted 16 Nov 2000
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Human Rights Legislation (Transitional) Regulations 2000

Statutory Rules 2000 No. 3011

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Human Rights Legislation Amendment Act (No. 1) 1999.

Dated 9 November 2000

WILLIAM DEANE

Governor-General

By His Excellency's Command

DARYL WILLIAMS


  

  

1              Name of Regulations

                These Regulations are the Human Rights Legislation (Transitional) Regulations 2000.

2              Commencement

                These Regulations commence on gazettal.

3              Interpretation

                In these Regulations:

Commission means the Human Rights and Equal Opportunity Commission.

President means the President of the Commission.

Note   The following expressions used in these Regulations are defined in the Act:

·      new HREOC

·      old DDA

·      old RDA

·      old SDA.

4              Transitional — review of Commission’s decision

         (1)   A complaint is treated in the way set out in subregulation (2) if:

                (a)    a decision is made by the Commission in relation to the complaint under:

                          (i)    section 103 of the old DDA; or

                         (ii)    section 25Z of the old RDA; or

                        (iii)    section 81 of the old SDA; and

               (b)    on or after the date this regulation commences, an order is made by the Federal Court or the Federal Magistrates Court under the Administrative Decisions (Judicial Review) Act 1977 to refer the matter to which the decision relates to the Commission for further consideration.

         (2)   The President is taken to have terminated the complaint under section 46PH of the new HREOCA on the date when the order is made.

         (3)   If the President is taken to have terminated a complaint under this regulation, the President must notify each complainant in writing of the termination and the reasons for the termination.

         (4)   The President must give a person a copy of the notice given under subregulation (3) if:

                (a)    the person is a person on whose behalf the complaint was lodged; and

               (b)    the person requests the President for a copy of the notice.

         (5)   The President is not required to notify any person under section 46PH of the new HREOCA.

Note

1.       Notified in the Commonwealth of Australia Gazette on 16 November 2000.