EQUAL OPPORTUNITY ACT 2010 (NO. 16 OF 2010) - SECT 204 Part 5 substituted

EQUAL OPPORTUNITY ACT 2010 (NO. 16 OF 2010) - SECT 204

        For Part 5 of the Racial and Religious Tolerance Act 2001 substitute —

" PART 5—TRANSITIONAL PROVISIONS

        29     Definitions    

In this Part—

"commencement day" means the day that Division 1 of Part 14 of the Equal Opportunity Act 2010 comes into operation;

"complainant" means a person who lodges a complaint or on whose behalf a complaint is lodged;

"complaint" means a complaint lodged under section 20, as in force before the commencement day;

"old EO Act" means the Equal Opportunity Act 1995 , as in force immediately before the commencement day.

        30     Complaints lodged before commencement day

    (1)     This section applies to a complaint that was lodged with the Commissioner, but not finally dealt with before the commencement day.

    (2)     Part 3 of this Act as in force immediately before the commencement day and the old EO Act continue to apply to the complaint if the respondent was notified of the complaint under section 107 of the old EO Act before the commencement day, unless the parties to the complaint consent in writing to the complaint being dealt with as a dispute.

    (3)     If the parties to a complaint consent to the complaint being dealt with as a dispute—

        (a)     the complaint is taken to be a dispute; and

        (b)     the complainant is taken to have brought a dispute to the Commissioner for dispute resolution under Part 3; and

        (c)     anything done under Part 3 of this Act as in force immediately before the commencement day or the old EO Act in relation to the complaint is taken, to the extent it could have been done under Part 3, to have been done under Part 3.

    (4)     If the respondent had not been notified of the complaint under section 107 of the old EO Act before the commencement day—

        (a)     the complaint is taken to be a dispute; and

        (b)     the complainant is taken to have brought a dispute to the Commissioner under Part 3 for dispute resolution.

        31     Court or Tribunal may make orders of a transitional nature

    (1)     If any difficulty arises in a proceeding because of the operation of this Part, the court or the Tribunal may make any order it considers appropriate to resolve the difficulty.

    (2)     The court or the Tribunal may make such an order on the application of any party to the proceeding or on its own initiative.

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