HUMAN RIGHTS LEGISLATION AMENDMENT ACT (NO. 1) 1999 NO. 133, 1999 - SCHEDULE 1

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HUMAN RIGHTS LEGISLATION AMENDMENT ACT (NO. 1) 1999 NO. 133, 1999 - SCHEDULE 1

- Amendments

Defence Act 1903

1 Subsection 58HA(1)

Omit "section 50E of the Sex Discrimination Act 1984 ", substitute "section 46PY of the Human Rights and Equal Opportunity Commission Act 1986 ".

2 Section 58HB

Omit "section 50E of the Sex Discrimination Act 1984 " (wherever occurring), substitute "section 46PY of the Human Rights and Equal Opportunity Commission Act 1986 ".

Disability Discrimination Act 1992

3 Subsection 4(1) (definition of class member )

Repeal the definition.

4 Subsection 4(1) (definition of complaint )

Repeal the definition.

5 Subsection 4(1) (definition of compulsory conference )

Repeal the definition.

6 Subsection 4(1) (definition of interim determination )

Repeal the definition.

7 Subsection 4(1) (definition of representative complaint )

Repeal the definition.

8 Subsection 4(1) (definition of respondent )

Repeal the definition.

9 Paragraph 13(4)(b)

Omit "this Act", substitute "the Human Rights and Equal Opportunity Commission Act 1986 alleging that the act or omission is unlawful under a provision of Part 2 of this Act".

10 Subsection 13(4)

Omit all the words after "institute a proceeding under", substitute "the Human Rights and Equal Opportunity Commission Act 1986 alleging that the act or omission is unlawful under a provision of Part 2 of this Act".

11 At the end of subsection 31(1)

Add:

; and (f) the access to or the use of any premises, by persons with a disability, that the public or a section of the public is entitled or allowed to enter or use (whether for payment or not).

12 At the end of paragraph 42(2)(a)

Add "or the Human Rights and Equal Opportunity Commission Act 1986 ".

13 Paragraph 42(2)(b)

After "this Act", insert "or the Human Rights and Equal Opportunity Commission Act 1986 ".

14 At the end of paragraph 42(2)(c)

Add "or the Human Rights and Equal Opportunity Commission Act 1986 ".

15 Paragraph 42(2)(d)

Omit all the words after "under", substitute "this Act or the Human Rights and Equal Opportunity Commission Act 1986 ".

16 Paragraph 42(2)(e)

Omit all the words after "witness", substitute "in a proceeding under this Act or the Human Rights and Equal Opportunity Commission Act 1986 ".

17 At the end of paragraph 42(2)(f)

Add "or the Human Rights and Equal Opportunity Commission Act 1986 ".

18 Paragraph 47(1)(a)

Repeal the paragraph.

19 Part 4 (heading)

Repeal the heading, substitute:

Part 4—Functions of Human Rights and Equal Opportunity Commission

20 Section 66

Repeal the section.

21 Paragraphs 67(1)(a) and (b)

Repeal the paragraphs.

22 At the end of subsection 67(1)

Add:

: Note: For the provisions about inquiries into complaints of discrimination and conciliation of those complaints: see Part IIB of the Human Rights and Equal Opportunity Commission Act 1986 .

23 Subsection 67(3)

Repeal the subsection.

24 Sections 68, 69 and 70

Repeal the sections.

25 Divisions 2, 3, 3A and 4 of Part 4

Repeal the Divisions.

26 Section 107

Omit "Commissioner" (wherever occurring), substitute "President".

27 Sections 108, 109, 110 and 111

Repeal the sections.

28 Section 112

Omit "to the Commissioner or to", substitute "President, Commissioner or".

29 Subsection 123(6)

Repeal the subsection.

30 Subsection 126(2)

Omit all the words from and including "If" to the end of paragraph (b), substitute "If a submission has been made, a document or information has been given, or evidence has been given, to the Commission or the Commissioner,".

31 Subsection 126(2)

Omit "the complaint or".

32 Section 130

Repeal the section.

Federal Court of Australia Act 1976

33 Before subsection 18AB(3)

Insert:

(2B): The Rules of Court may also delegate to Judicial Registrars, either generally or as otherwise provided by the Rules, any of the Court's human rights legislation powers. For this purpose, human rights legislation powers means powers of the Court in relation to proceedings in the Court arising under Part IIB of the Human Rights and Equal Opportunity Commission Act 1986 , but does not include the power to grant an interim injunction under that Part.

34 Subsection 18AB(3)

Before ", Rules", insert "or (2B)".

35 Subsection 18AB(6)

Before ", as if a reference", insert "or (2B)".

36 Subsection 18AB(7)

Before ", the Judicial Registrars", insert "or (2B)".

Human Rights and Equal Opportunity Commission Act 1986

37 Subsection 3(1)

Insert:

affected person , in relation to a complaint, means a person on whose behalf the complaint was lodged.

38 Subsection 3(1)

Insert:

alleged unlawful discrimination means:

(a): in relation to a complaint—the acts, omissions or practices that are alleged in the complaint and that would, if proven, constitute unlawful discrimination; and
(b): in relation to an application to the Federal Court under Division 2 of Part IIB—the acts, omissions or practices that are alleged in the application and that would, if proven, constitute unlawful discrimination.

39 Subsection 3(1)

Insert:

class member , in relation to a representative complaint, means any of the persons on whose behalf the complaint was lodged, but does not include a person who has withdrawn under section 46PC.

40 Subsection 3(1)

Insert:

complainant , in relation to a complaint, means a person who lodged the complaint, whether on the person's own behalf or on behalf of another person or persons.

41 Subsection 3(1)

Insert:

complaint , except in Part IIC, means a complaint lodged under Division 1 of Part IIB.

42 Subsection 3(1)

Insert:

compulsory conference means a conference under section 46PJ.

43 Subsection 3(1) (definition of discrimination )

Omit "means", substitute ", except in Part IIB, means".

44 Subsection 3(1)

Insert:

Federal Court means the Federal Court of Australia.

45 Subsection 3(1)

Insert:

representative complaint means a complaint lodged on behalf of at least one person who is not a complainant.

46 Subsection 3(1)

Insert:

respondent , in relation to a complaint, means the person or persons against whom the complaint is made.

47 Subsection 3(1)

Insert:

terminate , in relation to a complaint, means decline to inquire into the complaint, or discontinue an inquiry into the complaint.

48 Subsection 3(1)

Insert:

trade union means:

(a): an organization of employees that is a registered organization within the meaning of the Workplace Relations Act 1996 ; or
(b): a trade union within the meaning of any State Act or law of a Territory; or
(c): any other similar body.

49 Subsection 3(1)

Insert:

unlawful discrimination means any acts, omissions or practices that are unlawful under:

(a): Part 2 of the Disability Discrimination Act 1992 ; or
(b): Part II or IIA of the Racial Discrimination Act 1975 ; or
(c): Part II of the Sex Discrimination Act 1984 ;

and includes any conduct that is an offence under:

(d): Division 4 of Part 2 of the Disability Discrimination Act 1992 ; or
(e): subsection 27(2) of the Racial Discrimination Act 1975 ; or
(f): section 94 of the Sex Discrimination Act 1984 .

50 Section 4

Repeal the section, substitute:

4 Operation of State and Territory laws

(1): 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.
(2): If:

(a): a law of a State or Territory deals with a matter dealt with by this Act; 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.

51 Subsection 8(6)

Omit "paragraphs 11(1)(f)", substitute "paragraphs 11(1)(aa), 11(1)(ab), 11(1)(f)".

52 Subsection 8(6)

Omit "Human Rights Commissioner" (wherever occurring), substitute "President".

53 Subsections 8A(3) and (4)

Repeal the subsections, substitute:

(3): The President is responsible for managing the administrative affairs of the Commission.

54 After paragraph 11(1)(a)

Insert:

(aa): to inquire into, and attempt to conciliate, complaints of unlawful discrimination;
(ab): to deal with complaints lodged under Part IIC;

55 Subsection 16(2A)

Omit all the words after "been done", substitute "by, or in relation to, the President".

56 After subsection 19(2)

Insert:

(2A): Subsection (2) does not allow the President to delegate to another member of the Commission any of the President's powers under Part IIB or IIC.
(2B): Subsection (2) does not allow the President to delegate any of the President's powers relating to:

(a): functions of the Commission under paragraphs 11(1)(f) and 11(1)(p) that are to be performed by the President because of subsection 8(6); or
(b): functions of the Commission under paragraphs 31(b) and 31(k) that are to be performed by the President because of subsection 8(6);

to a member of the Commission other than the Human Rights Commissioner.

(2C): The requirement in subsection (2) for approval by the Commission does not apply to a delegation by the President.

57 Subsections 19(3) and (4)

Repeal the subsections.

58 Paragraph 31(b)

After "any act or practice", insert ", including any systemic practice,".

59 Subsections 37(2) and (3)

Repeal the subsections.

60 Subsection 43(2)

Omit "Commission", substitute "President".

61 After Part IIA

Insert:

Part IIB—Redress for unlawful discrimination Division 1—Conciliation by the President 46P Lodging a complaint

(1): A written complaint may be lodged with the Commission, alleging unlawful discrimination.
(2): The complaint may be lodged:

(a): by a person aggrieved by the alleged unlawful discrimination:

(i): on that person's own behalf; or
(ii): on behalf of that person and one or more other persons who are also aggrieved by the alleged unlawful discrimination; or

(b): by 2 or more persons aggrieved by the alleged unlawful discrimination:

(i): on their own behalf; or
(ii): on behalf of themselves and one or more other persons who are also aggrieved by the alleged unlawful discrimination; or

(c): by a person or trade union on behalf of one or more other persons aggrieved by the alleged unlawful discrimination.

(3): A person who is a class member for a representative complaint is not entitled to lodge a separate complaint in respect of the same subject matter.
(4): If it appears to the Commission that:

(a): a person wishes to make a complaint under subsection (1); and
(b): the person requires assistance to formulate the complaint or to reduce it to writing;

the Commission must take reasonable steps to provide appropriate assistance to the person.

46PA Amendment of complaint

(1): Any complainant may at any time amend the complaint, with the leave of the President.
(2): Subsection (1) does not, by implication, limit any other power to amend the complaint.

46PB Conditions for lodging a representative complaint

(1): A representative complaint may be lodged under section 46P only if:

(a): the class members have complaints against the same person; and
(b): all the complaints are in respect of, or arise out of, the same, similar or related circumstances; and
(c): all the complaints give rise to a substantial common issue of law or fact.

(2): A representative complaint under section 46P must:

(a): describe or otherwise identify the class members; and
(b): specify the nature of the complaints made on behalf of the class members; and
(c): specify the nature of the relief sought.

(3): In describing or otherwise identifying the class members, it is not necessary to name them or specify how many there are.
(4): A representative complaint may be lodged without the consent of class members.

46PC Additional rules applying to representative complaints

(1): A class member may, by notice in writing to the Commission, withdraw from a representative complaint at any time before the President terminates the complaint under section 46PH.
(2): The President may, on application in writing by any affected person, replace any complainant with another person as complainant.
(3): The President may at any stage direct that notice of any matter be given to a class member or class members.

46PD Referral of complaint to President

If a complaint is made to the Commission under section 46P, the Commission must refer the complaint to the President.

46PE Complaints against the President, Commission or a Commissioner

(1): This section applies to a complaint if any of the respondents to the complaint is:

(a): the President; or
(b): the Commission; or
(c): a Commissioner.

(2): If any complainant makes a written request to the President for termination of the complaint, the President must terminate the complaint, if the President is satisfied that all the affected persons agree to the termination.
(3): If the President terminates the complaint under subsection (2), the President must comply with the notification requirements of subsections 46PH(2) and (3).
(4): The President cannot delegate any of his or her powers in relation to the complaint except under paragraph 19(2)(b).

46PF Inquiry by President

(1): If a complaint is referred to the President under section 46PD, the President must inquire into the complaint and attempt to conciliate the complaint.
(2): If the President thinks that 2 or more complaints arise out of the same or substantially the same circumstances or subject, the President may hold a single inquiry, or conduct a single conciliation, in relation to those complaints.
(3): With the leave of the President, any complainant or respondent may amend the complaint to add, as a respondent, a person who is alleged to have done the alleged unlawful discrimination.

: Note: In some cases, a person is regarded as having done unlawful discrimination by being treated as responsible for the acts and omissions of another person. See sections 122 and 123 of the Disability Discrimination Act 1992 , sections 18A and 18E of the Racial Discrimination Act 1975 and sections 105, 106 and 107 of the Sex Discrimination Act 1984 .

(4): A complaint cannot be amended after it is terminated by the President under section 46PH.

46PG Withdrawal of complaint

(1): Any complainant to a complaint may withdraw the complaint, with the leave of the President.
(2): The President must grant leave if the President is satisfied that all the affected persons agree to withdrawal of the complaint. The President cannot grant leave unless the President is satisfied that they all agree.

46PH Termination of complaint

(1): The President may terminate a complaint on any of the following grounds:

(a): the President is satisfied that the alleged unlawful discrimination is not unlawful discrimination;
(b): the complaint was lodged more than 12 months after the alleged unlawful discrimination took place;
(c): the President is satisfied that the complaint was trivial, vexatious, misconceived or lacking in substance;
(d): in a case where some other remedy has been sought in relation to the subject matter of the complaint—the President is satisfied that the subject matter of the complaint has been adequately dealt with;
(e): the President is satisfied that some other more appropriate remedy in relation to the subject matter of the complaint is reasonably available to each affected person;
(f): in a case where the subject matter of the complaint has already been dealt with by the Commission or by another statutory authority—the President is satisfied that the subject matter of the complaint has been adequately dealt with;
(g): the President is satisfied that the subject matter of the complaint could be more effectively or conveniently dealt with by another statutory authority;
(h): the President is satisfied that the subject matter of the complaint involves an issue of public importance that should be considered by the Federal Court;
(i): the President is satisfied that there is no reasonable prospect of the matter being settled by conciliation.

(2): If the President decides to terminate a complaint, the President must notify the complainants in writing of that decision and of the reasons for that decision.
(3): On request by an affected person who is not a complainant, the President must give the affected person a copy of the notice that was given to the complainants under subsection (2).
(4): The President may revoke the termination of a complaint, but not after an application is made to the Federal Court under section 46PO in relation to the complaint.

46PI President's power to obtain information

(1): This section applies if the President has reason to believe that a person is capable of providing information ( relevant information ) or producing documents ( relevant documents ) relevant to an inquiry under this Division.
(2): The President may serve a written notice on the person, requiring the person to do either or both of the following within a reasonable period specified in the notice, or on a reasonable date and at a reasonable time specified in the notice:

(a): give the President a signed document containing relevant information required by the notice;
(b): produce to the President such relevant documents as are specified in the notice.

(3): If the notice is served on a body corporate, the document referred to in paragraph (2)(a) must be signed by an officer of the body corporate.
(4): If a document is produced to the President in accordance with a requirement under this section, the President:

(a): may take possession of the document; and
(b): may make copies of the document or take extracts from the document; and
(c): may retain possession of the document for as long as is necessary for the purposes of the inquiry to which the document relates.

(5): While the President retains any document under this section, the President must allow the document to be inspected, at all reasonable times, by any person who would be entitled to inspect the document if it were not in the possession of the President.

46PJ Directions to attend compulsory conference

(1): For the purpose of dealing with a complaint in accordance with section 46PF, the President may decide to hold a conference, to be presided over by the President or by a suitable person (other than a member) appointed by the President.
(2): The conference must be at a reasonable time and at a reasonable place.
(3): If the President decides to hold a conference, the President must, by notice in writing, direct each complainant and each respondent to attend the conference.
(4): The President may also, by notice in writing, direct any of the following persons to attend the conference:

(a): any person who, in the opinion of the President, is likely to be able to provide information relevant to the inquiry;
(b): any person whose presence at the conference is, in the opinion of the President, likely to be conducive to the settlement of the matter to which the alleged unlawful discrimination relates.

(5): A person who is directed under this section to attend a conference is entitled to be paid by the Commonwealth a reasonable sum for the person's attendance at the conference.
(6): In a notice to a person under this section, the President may require the person to produce such documents at the conference as are specified in the notice.

46PK Proceedings at compulsory conference

(1): The person presiding at a compulsory conference may require a person attending the conference to produce a document.
(2): A compulsory conference is to be held in private and, subject to this Act, is to be conducted in such manner as the person presiding at the conference thinks fit.
(3): The person presiding at the conference must ensure that the conduct of the conference does not disadvantage either the complainant or the respondent.
(4): Subject to subsection (5), a body of persons, whether corporate or unincorporate, that is directed under section 46PJ to attend a conference is taken to attend if an officer or employee of that body attends on behalf of that body.
(5): Unless the person presiding at a compulsory conference consents:

(a): an individual is not entitled to be represented at the conference by another person; and
(b): a body of persons, whether corporate or unincorporate, is not entitled to be represented at the conference by a person other than an officer or employee of that body.

(6): Despite paragraph (5)(a), an individual who is unable to attend a compulsory conference because the individual has a disability is entitled to nominate another person to attend instead on his or her behalf.
(7): If, in the opinion of the person presiding at the conference, an individual is unable to participate fully in the conference because the individual has a disability, the individual is entitled to nominate another person to assist him or her at the conference.
(8): If a person attends a compulsory conference on behalf of a body of persons, whether corporate or unincorporate, any conduct by the person in attending or appearing is taken, for the purposes of this Act, to be conduct of the body.
(9): In this section, disability has the same meaning as in the Disability Discrimination Act 1992 .

46PL Failure to attend compulsory conference

A person who has been given a direction under section 46PJ to attend a conference must not, without reasonable excuse:

(a): fail to attend as required by the direction; or
(b): fail to attend and report from day to day unless excused, or released from further attendance, by the person presiding at the conference.

Penalty: 10 penalty units.

46PM Failure to give information or produce documents

(1): A person must not, without reasonable excuse, refuse or fail:

(a): to give information; or
(b): to produce a document;

when so required under section 46PI, 46PJ or 46PK.

Penalty: 10 penalty units.

(2): Subsection 4K(2) of the Crimes Act 1914 does not apply to this section.
(3): It is a reasonable excuse for the purposes of subsection (1) for an individual to refuse or fail to answer a question or produce a document on the ground that the answer or the production of the document might tend to incriminate the individual or to expose the individual to a penalty. This subsection does not limit what is a reasonable excuse for the purposes of subsection (1).

46PN False or misleading information

A person must not give information or make a statement to the Commission, to the President or to any other person exercising powers or performing functions under this Act, knowing that the information or statement is false or misleading in a material particular.

Penalty: Imprisonment for 6 months.

Division 2—Proceedings in the Federal Court 46PO Application to Court if complaint is terminated

(1): If:

(a): a complaint has been terminated by the President under section 46PE or 46PH; and
(b): the President has given a notice to any person under subsection 46PH(2) in relation to the termination;

any person who was an affected person in relation to the complaint may make an application to the Federal Court, alleging unlawful discrimination by one or more of the respondents to the terminated complaint.

: Note: Part IVA of the Federal Court of Australia Act 1976 allows representative proceedings to be commenced in certain circumstances.

(2): The application must be made within 28 days after the date of issue of the notice under subsection 46PH(2), or within such further time as the Court allows.
(3): The unlawful discrimination alleged in the application:

(a): must be the same as (or the same in substance as) the unlawful discrimination that was the subject of the terminated complaint; or
(b): must arise out of the same (or substantially the same) acts, omissions or practices that were the subject of the terminated complaint.

(4): If the Court is satisfied that there has been unlawful discrimination by any respondent, the Court may make such orders (including a declaration of right) as it thinks fit, including any of the following orders or any order to a similar effect:

(a): an order declaring that the respondent has committed unlawful discrimination and directing the respondent not to repeat or continue such unlawful discrimination;
(b): an order requiring a respondent to perform any reasonable act or course of conduct to redress any loss or damage suffered by an applicant;
(c): an order requiring a respondent to employ or re-employ an applicant;
(d): an order requiring a respondent to pay to an applicant damages by way of compensation for any loss or damage suffered because of the conduct of the respondent;
(e): an order requiring a respondent to vary the termination of a contract or agreement to redress any loss or damage suffered by an applicant;
(f): an order declaring that it would be inappropriate for any further action to be taken in the matter.

(5): In the case of a representative proceeding under Part IVA of the Federal Court of Australia Act 1976 , subsection (4) of this section applies as if a reference to an applicant included a reference to each person who is a group member (within the meaning of Part IVA of the Federal Court of Australia Act 1976 ).
(6): The Court may, if it thinks fit, grant an interim injunction pending the determination of the proceedings.
(7): The Court may discharge or vary any order made under this section (including an injunction granted under subsection (6)).
(8): The Court cannot, as a condition of granting an interim injunction, require a person to give an undertaking as to damages.

46PP Interim injunction to maintain status quo etc.

(1): At any time after a complaint is lodged with the Commission, the Federal Court may grant an interim injunction to maintain:

(a): the status quo, as it existed immediately before the complaint was lodged; or
(b): the rights of any complainant, respondent or affected person.

(2): The application for the injunction may be made by the Commission, a complainant, a respondent or an affected person.
(3): The injunction cannot be granted after the complaint has been withdrawn under section 46PG or terminated under section 46PE or 46PH.
(4): The Court may discharge or vary an injunction granted under this section.
(5): The Court cannot, as a condition of granting the interim injunction, require a person to give an undertaking as to damages.

46PQ Right of representation

(1): A party in proceedings under this Division:

(a): may appear in person; or
(b): may be represented by a barrister or a solicitor; or
(c): may be represented by another person who is not a barrister or solicitor, unless the Court is of the opinion that it is inappropriate in the circumstances for the other person to appear.

(2): A person, other than a barrister or solicitor, is not entitled to demand or receive any fee or reward, or any payment for expenses, for representing a party in proceedings under this Division.

46PR Court not bound by technicalities

In proceedings under this Division, the Court is not bound by technicalities or legal forms. This section has effect subject to Chapter III of the Constitution.

46PS Report by President to Court

(1): The President may provide the Federal Court with a written report on a complaint that has been terminated under section 46PH.
(2): The report must not set out or describe anything said or done in the course of conciliation proceedings under this Part (including anything said or done at a conference held under this Part).
(3): The President may give a copy of the report to the applicant and the respondent, and to any relevant member of the Commission.

46PT Assistance by Commission

The Commission may help a person to prepare the forms required for the person to make an application under this Division.

46PU Assistance in proceedings before the Federal Court

(1): A person who:

(a): has commenced or proposes to commence proceedings in the Federal Court under this Division; or
(b): is a respondent in proceedings in the Federal Court under this Division;

may apply to the Attorney-General for the provision of assistance under this section in respect of the proceedings.

(2): If a person makes an application for assistance and the Attorney-General is satisfied that:

(a): it will involve hardship to that person to refuse the application; and
(b): in all the circumstances, it is reasonable to grant the application;

the Attorney-General may authorise the provision by the Commonwealth to that person, on such conditions (if any) as the Attorney-General determines, of such legal or financial assistance in respect of the proceedings as the Attorney-General determines.

46PV Amicus curiae function of Commission members

(1): A special-purpose Commissioner has the function of assisting the Court, as amicus curiae , in the following proceedings under this Division:

(a): proceedings in which the special-purpose Commissioner thinks that the orders sought, or likely to be sought, may affect to a significant extent the human rights of persons who are not parties to the proceedings;
(b): proceedings that, in the opinion of the special-purpose Commissioner, have significant implications for the administration of the relevant Act or Acts;
(c): proceedings that involve special circumstances that satisfy the special-purpose Commissioner that it would be in the public interest for the special-purpose Commissioner to assist the court as amicus curiae .

(2): The function may only be exercised with the leave of the Court.
(3): In this section, special-purpose Commissioner means:

(a): the Aboriginal and Torres Strait Islander Social Justice Commissioner; and
(b): the Disability Discrimination Commissioner; and
(c): the Human Rights Commissioner; and
(d): the Race Discrimination Commissioner; and
(e): the Sex Discrimination Commissioner.; Insert:; Repeal the definition.; Repeal the definition.; Repeal the definition.; Repeal the definition.; Omit "this Act", substitute "the Human Rights and Equal Opportunity Commission Act 1986 alleging that the act or omission is unlawful under a provision of Part II or IIA of this Act".; Omit "this Act in respect of that act or omission", substitute "the Human Rights and Equal Opportunity Commission Act 1986 alleging that the act or omission is unlawful under a provision of Part II or IIA of this Act".; Omit "Section 22", substitute "Section 46P of the Human Rights and Equal Opportunity Commission Act 1986 ".; Repeal the heading, substitute:; Repeal the section.; Repeal the paragraph.; Add:; Repeal the subsection.; Repeal the sections.; Repeal the Divisions.; Add "or the Human Rights and Equal Opportunity Commission Act 1986 ".; Add "or the Human Rights and Equal Opportunity Commission Act 1986 ".; Omit all the words after "conference", substitute "held under this Act or the Human Rights and Equal Opportunity Commission Act 1986 ".; Repeal the sections.; Omit "to the Commissioner or to", substitute "President, Commissioner or".; Repeal the subsection.; Omit all the words from and including "Where" to the end of paragraph (b), substitute "If a submission has been made, a document or information has been given, or evidence has been given, to the Commission or the Commissioner,".; Omit "the complaint or".; Omit "section 50C of the Sex Discrimination Act 1984 ", substitute "section 46PX of the Human Rights and Equal Opportunity Commission Act 1986 ".; Omit "section 50C of the Sex Discrimination Act 1984 " (wherever occurring), substitute "section 46PX of the Human Rights and Equal Opportunity Commission Act 1986 ".; Repeal the definition.; Repeal the definition.; Repeal the definition.; Repeal the definition.; Omit "this Act", substitute "the Human Rights and Equal Opportunity Commission Act 1986 alleging that the act or omission is unlawful under a provision of Part II of this Act".; Omit all the words after "institute a proceeding under", substitute "the Human Rights and Equal Opportunity Commission Act 1986 alleging that the act or omission is unlawful under a provision of Part II of this Act".; Omit "this Act", substitute "the Human Rights and Equal Opportunity Commission Act 1986 alleging that the act or omission is unlawful under a provision of Part II of this Act".; Omit all the words after "institute a proceeding under", substitute "the Human Rights and Equal Opportunity Commission Act 1986 alleging that the act or omission is unlawful under a provision of Part II of this Act".; Repeal the heading, substitute:; Repeal the section.; Repeal the paragraphs.; Add:; Repeal the subsection.; Repeal the sections.; Repeal the Divisions.; Omit "Commissioner" (wherever occurring), substitute "President".; Repeal the sections.; Omit "subsection 50(1)", substitute "section 46P of the Human Rights and Equal Opportunity Commission Act 1986 ".; Omit "Commissioner", substitute "President".; Repeal the paragraph, substitute:; Repeal the paragraph, substitute:; Omit "Commissioner" (wherever occurring), substitute "President".; Omit "to the Commissioner or to", substitute "President, Commissioner or".; Add "or the Human Rights and Equal Opportunity Commission Act 1986 ".; After "this Act", insert "or the Human Rights and Equal Opportunity Commission Act 1986 ".; Add "or the Human Rights and Equal Opportunity Commission Act 1986 ".; Omit all the words after "under", substitute "this Act or the Human Rights and Equal Opportunity Commission Act 1986 ".; Omit all the words after "witness", substitute "in a proceeding under this Act or the Human Rights and Equal Opportunity Commission Act 1986 ".; Add "or the Human Rights and Equal Opportunity Commission Act 1986 ".; Repeal the subsection.; Omit all the words after "this Act".; Repeal the subsection.; Omit all the words from and including "Where" to the end of paragraph (b), substitute "If a submission has been made, a document or information has been given, or evidence has been given, to the Commission or the Commissioner,".; Omit "the complaint or".; Repeal the section.; Omit "section 50A of the Sex Discrimination Act 1984 ", substitute "section 46PW of the Human Rights and Equal Opportunity Commission Act 1986 ".; Omit "section 50A of the Sex Discrimination Act 1984 ", substitute "section 46PW of the Human Rights and Equal Opportunity Commission Act 1986 ".; Omit "section 50A of the Sex Discrimination Act 1984 " (wherever occurring), substitute "section 46PW of the Human Rights and Equal Opportunity Commission Act 1986 ".; Omit "sections 40, 50A and 50B", substitute "section 40".