Commonwealth Numbered Acts

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SEX DISCRIMINATION ACT 1984 No. 4, 1984 - SECT 10

Operation of State and Territory laws

10. (1) A reference in this section to this Act is a reference to this Act as
it has effect by virtue of any of the provisions of section 9 other than
sub-section 9 (10).

(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 ground of sex, discrimination on the ground of marital status or
discrimination on the ground of pregnancy.

(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.

(4) Where-

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

   (b)  a person has made a complaint, instituted a proceeding or taken any
        other action under that law in respect of an act or omission in
        respect of which the person would, but for this sub-section, have been
        entitled to make a complaint under this Act, the person is not
        entitled to make a complaint or institute a proceeding under this Act
        in respect of that act or omission.

(5) Where-

   (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 sub-section renders a
        person liable to be punished more than once in respect of the same act
        or omission. 


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