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EQUAL OPPORTUNITY ACT 2010 - NOTES

EQUAL OPPORTUNITY ACT 2010 - NOTES

Version No. 030

No. 16 of 2010

Version incorporating amendments as at

14 December 2022

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Version No. 030

Equal Opportunity Act 2010

No. 16 of 2010

Version incorporating amendments as at

14 December 2022

Endnotes

    1     General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

    Minister's second reading speech—

    Legislative Assembly: 10 March 2010

    Legislative Council: 25 March 2010

    The long title for the Bill for this Act was "A Bill for an Act to re-enact and extend the law relating to equal opportunity and protection against discrimination, sexual harassment and victimisation, to repeal the Equal Opportunity Act 1995, to make consequential amendments to other Acts and for other purposes."

The Equal Opportunity Act 2010 was assented to on 27 April 2010 and came into operation as follows:

Sections 1, 2 and 211–214 on 28 April 2010: section 2(1); sections 3144, 148172, 174–210 and Schedule on 1 August 2011: section 2(4).

Sections 145–147 never proclaimed, repealed by No. 26/2011 section 21.

Section 173 never proclaimed, repealed by No. 26/2011 section 25.

Sections 215, 216 never proclaimed, repealed by No. 26/2011 section 33.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.

See section 36(3)(3D)(3E).

    2     Table of Amendments

This publication incorporates amendments made to the Equal Opportunity Act 2010 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Equal Opportunity Act 2010, No. 16/2010

Assent Date:

27.4.10

Commencement Date:

S. 210 on 1.8.12: s. 210

Current State:

This information relates only to the provision/s amending the Equal Opportunity Act 2010

Equal Opportunity Amendment Act 2011, No. 26/2011 (as amended by No. 81/2011)

Assent Date:

21.6.11

Commencement Date:

Ss 434, Sch. on 22.6.11: s. 2(1)

Current State:

This information relates only to the provision/s amending the Equal Opportunity Act 2010

Statute Law Revision Act 2011, No. 29/2011

Assent Date:

21.6.11

Commencement Date:

S. 3(Sch. 1 item 34) on 22.6.11: s. 2(1)

Current State:

This information relates only to the provision/s amending the Equal Opportunity Act 2010

Criminal Procedure Amendment (Double Jeopardy and Other Matters) Act 2011, No. 81/2011

Assent Date:

21.12.11

Commencement Date:

S. 22(6) on 27.4.10: s. 2(3)

Current State:

This information relates only to the provision/s amending the Equal Opportunity Act 2010

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:

3.6.14

Commencement Date:

S. 10(Sch. item 57) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2

Current State:

This information relates only to the provision/s amending the Equal Opportunity Act 2010

Privacy and Data Protection Act 2014, No. 60/2014

Assent Date:

2.9.14

Commencement Date:

S. 140(Sch. 3 item 16) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1

Current State:

This information relates only to the provision/s amending the Equal Opportunity Act 2010

Sentencing Amendment (Historical Homosexual Convictions Expungement) Act 2014, No. 81/2014

Assent Date:

21.10.14

Commencement Date:

Ss 6, 7 on 1.9.15: s. 2(2)

Current State:

This information relates only to the provision/s amending the Equal Opportunity Act 2010

Change or Suppression (Conversion) Practices Prohibition Act 2021, No. 3/2021

Assent Date:

16.2.21

Commencement Date:

Ss 5961 on 26.10.21: Special Gazette (No. 580) 19.10.21 p. 1; ss 62, 63 on 17.2.22: s. 2(2)

Current State:

This information relates only to the provision/s amending the Equal Opportunity Act 2010

Spent Convictions Act 2021, No. 13/2021

Assent Date:

30.3.21

Commencement Date:

Ss 27, 28 on 1.12.21: s. 2(2)

Current State:

This information relates only to the provision/s amending the Equal Opportunity Act 2010

Industrial Relations Legislation Amendment Act 2021, No. 14/2021

Assent Date:

11.5.21

Commencement Date:

Ss 25, 26 on 1.7.21: s. 2(1)

Current State:

This information relates only to the provision/s amending the Equal Opportunity Act 2010

Equal Opportunity (Religious Exceptions) Amendment Act 2021, No. 56/2021

Assent Date:

14.12.21

Commencement Date:

Ss 39 on 14.6.22: s. 2(2); ss 1012 on 14.12.22: s. 2(3)

Current State:

This information relates only to the provision/s amending the Equal Opportunity Act 2010

Sex Work Decriminalisation Act 2022, No. 7/2022

Assent Date:

1.3.22

Commencement Date:

Ss 3436 on 10.5.22: s. 2(2)

Current State:

This information relates only to the provision/s amending the Equal Opportunity Act 2010

Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022

Assent Date:

29.3.22

Commencement Date:

S. 73 on 30.3.22: s. 2(3)

Current State:

This information relates only to the provision/s amending the Equal Opportunity Act 2010

Justice Legislation Amendment Act 2022, No. 20/2022

Assent Date:

31.5.22

Commencement Date:

S. 8 on 1.6.22: s. 2(1); s. 7 on 19.7.22: Special Gazette (No. 365) 19.7.22 p. 1

Current State:

This information relates only to the provision/s amending the Equal Opportunity Act 2010

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

    3     Explanatory details

No entries at date of publication.



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