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FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS AND OTHER LEGISLATION AMENDMENT (RESTORATION OF RACIAL DISCRIMINATION ACT) BILL 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
i Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Restoration of Racial Discrimination Act) Bill 2009 No. , 2009
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
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment
(Restoration of Racial Discrimination Act) Bill 2009 No. , 2009 1
A Bill for an Act to amend laws to restore the
1
operation of the Racial Discrimination Act 1975 in
2
the Northern Territory, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Families, Housing, Community
6
Services and Indigenous Affairs and Other Legislation Amendment
7
(Restoration of Racial Discrimination Act) Act 2009.
8
2 Commencement
9
This Act commences on the day on which it receives the Royal
10
Assent.
11
2 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Restoration of Racial Discrimination Act) Bill 2009 No. , 2009
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule concerned,
3
and any other item in a Schedule to this Act has effect according to
4
its terms.
5
6
Amendments relating to the operation of the Racial Discrimination Act 1975 Schedule 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment
(Restoration of Racial Discrimination Act) Bill 2009 No. , 2009 3
Schedule 1--Amendments relating to the
1
operation of the Racial Discrimination
2
Act 1975
3
Families, Community Services and Indigenous Affairs and
4
Other Legislation Amendment (Northern Territory
5
National Emergency Response and Other Measures)
6
Act 2007
7
1 Section 4
8
Repeal the section, substitute:
9
4 Racial Discrimination Act
10
(1) Without limiting the general operation of the Racial Discrimination
11
Act 1975 in relation to the following Acts:
12
(a)
Aboriginal Land Rights (Northern Territory) Act 1976;
13
(b)
Australian Crime Commission Act 2002;
14
(c)
Australian Federal Police Act 1979;
15
(d)
Classification (Publications, Films and Computer Games) Act
16
1995;
17
the provisions of the Racial Discrimination Act 1975 are intended to
18
prevail over the provisions of this Act.
19
(2) The provisions of this Act do not authorise conduct that is
20
inconsistent with the provisions of the Racial Discrimination Act
21
1975.
22
(3) The provisions of this Act, and any acts done under or for the
23
purposes of those provisions, are, for the purposes of the Racial
24
Discrimination Act 1975, intended to qualify as special measures.
25
(4) Any act done, any decision made and any discretion exercised under
26
or for the purposes of this Act must be consistent with the intended
27
beneficial purpose of this Act.
28
(5) In this section, a reference to any act done includes a reference to
29
any failure to do an act.
30
Schedule 1 Amendments relating to the operation of the Racial Discrimination Act 1975
4 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Restoration of Racial Discrimination Act) Bill 2009 No. , 2009
2 Section 5
1
Repeal the section.
2
Northern Territory National Emergency Response Act 2007
3
3 Section 132
4
Repeal the section, substitute:
5
132 Racial Discrimination Act
6
(1) The provisions of the Racial Discrimination Act 1975 are intended
7
to prevail over the provisions of this Act.
8
(2) The provisions of this Act do not authorise conduct that is
9
inconsistent with the provisions of the Racial Discrimination Act
10
1975.
11
(3) The provisions of this Act, and any acts done under or for the
12
purposes of those provisions, are, for the purposes of the Racial
13
Discrimination Act 1975, intended to qualify as special measures.
14
(4) Any act done, any decision made and any discretion exercised under
15
or for the purposes of this Act must be consistent with the intended
16
beneficial purpose of this Act.
17
(5) In this section, a reference to any act done includes a reference to
18
any failure to do an act.
19
4 Section 133
20
Repeal the section.
21
Social Security and Other Legislation Amendment (Welfare
22
Payment Reform) Act 2007
23
5 Section 4
24
Repeal the section, substitute:
25
Amendments relating to the operation of the Racial Discrimination Act 1975 Schedule 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment
(Restoration of Racial Discrimination Act) Bill 2009 No. , 2009 5
4 Racial Discrimination Act
1
(1) Without limiting the general operation of the Racial Discrimination
2
Act 1975 in relation the Social Security (Administration) Act 1999,
3
the provisions of the Racial Discrimination Act 1975 are intended to
4
prevail over the provisions of this Act and the provisions of the
5
Social Security (Administration) Act 1999.
6
(2) The provisions of this Act do not authorise conduct that is
7
inconsistent with the provisions of the Racial Discrimination Act
8
1975.
9
(3) The provisions of this Act, and any acts done under or for the
10
purposes of those provisions, are, for the purposes of the Racial
11
Discrimination Act 1975, intended to qualify as special measures.
12
(4) Any act done, any decision made and any discretion exercised under
13
or for the purposes of this Act must be consistent with the intended
14
beneficial purpose of this Act.
15
(5) In this section, a reference to any act done includes a reference to
16
any failure to do an act.
17
6 Sections 5, 6 and 7
18
Repeal the sections.
19