DISABILITY DISCRIMINATION ACT 1992 - SECT 13 Operation of State and Territory laws

DISABILITY DISCRIMINATION ACT 1992 - SECT 13

  (1)   A reference in this section to this Act is a reference to this Act as it has effect because of a provision of section   12.

  (2)   A reference in this section to a law of a State or Territory is a reference to a law of a State or Territory that deals with discrimination on the grounds of disability.

  (3)   This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.

  (3A)   Subsection   (3) does not apply in relation to Division   2A of Part   2 (Disability standards).

  (4)   If:

  (a)   a law of a State or Territory relating to discrimination deals with a matter dealt with by this Act (including a matter dealt with by a disability standard); and

  (b)   a person has made a complaint or initiated a proceeding under that law in respect of an act or omission in respect of which the person would, apart from this subsection, have been entitled to make a complaint under the Australian Human Rights Commission Act 1986 alleging that the act or omission is unlawful under a provision of Part   2 of this Act;

the person is not entitled to make a complaint or institute a proceeding under the Australian Human Rights Commission Act 1986 alleging that the act or omission is unlawful under a provision of Part   2 of this Act.

  (5)   If:

  (a)   a law of a State or Territory deals with a matter dealt with by this Act (including a matter dealt with by a disability standard); and

  (b)   an act or omission by a person that constitutes an offence against that law also constitutes an offence against this Act;

the person may be prosecuted and convicted either under that law of the State or Territory or under this Act, but nothing in this subsection renders a person liable to be punished more than once in respect of the same act or omission.