Commonwealth Numbered Acts

DISABILITY DISCRIMINATION AMENDMENT ACT 2002 NO. 62, 2002 - SCHEDULE 1

Disability Discrimination Act 1992

1 Subsection 31(4)

Omit "guidelines" (twice occurring), substitute "disability standards".

2 Section 33

Repeal the section, substitute:

33 Division 5 generally not to apply to disability standards

Division 5 (other than subsections 55(1A) to (1D) and any reference in that Division to those provisions) does not apply in relation to a disability standard.

3 After subsection 55(1)

Insert:

(1A)

The Commission may, on application by:

(a)

a person:

(i)

on that person's own behalf; or

(ii)

on behalf of that person and another person or other persons; or

(iii)

on behalf of another person or other persons; or

(b)

2 or more persons:

(i)

on their own behalf; or

(ii)

on behalf of themselves and another person or other persons; or

(iii)

on behalf of another person or other persons;

by instrument grant to the person or persons to whom the application relates, as the case may be, an exemption from the operation of section 32, as specified in the instrument.

(1B)

An exemption granted under subsection (1A) must be in relation to a specified disability standard and only applies to the extent that the disability standard deals with the provision of public transportation services and facilities covered by paragraph 31(1)(d).

(1C)

If the regulations prescribe a body as a body that the Commission must consult in relation to the kinds of public transportation services or facilities that will be dealt with in an exemption under subsection (1A), the Commission must consult that body before granting the exemption.

(1D)

The Commission may, before granting an exemption under subsection (1A), consult any other body or person that the Commission considers it appropriate to consult.

4 Subsection 55(2)

After "subsection (1)", insert "or (1A)".

5 Subsection 55(3)

After "exemption" (first occurring), insert "granted under subsection (1) or (1A)".

6 After subsection 132(1)

Insert:

(1A)

Without limiting the generality of subsection (1), the Governor-General may make regulations for the purposes of subsection 55(1C) prescribing a body as a body that the Commission must consult in relation to all or specified kinds of public transportation services or facilities.