New South Wales Consolidated Acts

ANTI-DISCRIMINATION ACT 1977 - SECT 91

91 Prosecution for serious vilification

(1) The President:

(a) after investigating a vilification complaint, and

(b) before endeavouring to resolve the complaint by conciliation,

is to consider whether an offence may have been committed under section 20D, 38T, 49ZTA or 49ZXC in respect of the matter the subject of the complaint.

(2) If the President considers that an offence may have been so committed, the President is to refer the complaint to the Attorney General.

(3) The President may only make such a referral within 28 days after receipt of the complaint.

(4) On making the referral, the President is to give notice in writing to the complainant of:

(a) the making of the referral, and

(b) the rights of the complainant under section 93A.

(5) The Tribunal may stay proceedings relating to the complaint until the conclusion of proceedings for the alleged offence under section 20D, 38T, 49ZTA or 49ZXC.