Document ID: chunk:federal_register_of_legislation:C2004A04689:section:1992:p11
Version: federal_register_of_legislation:C2004A04689
Segment Type: section
Provision Reference: s 1992 (pt 11/18)
Character Range: 26708–29626

application made under this section, the Attorney-General must have regard to any hardship to the applicant that refusal of the application would involve.".

Application of amendments

16.(1) An amendment relating to the enforcement of determinations as if they were orders of the Federal Court does not apply to:

     (a) a determination made before the commencement of the amendment; or

     (b) a determination made after the commencement of the amendment in respect of a representative complaint lodged before the commencement of the amendment.

(2) An amendment relating to the review and enforcement of determinations involving Commonwealth agencies does not apply to:

     (a) a determination made before the commencement of the amendment; or

     (b) a determination made after the commencement of the amendment in respect of a representative complaint lodged before the commencement of the amendment.

(3) An amendment relating to representative complaints does not apply to complaints lodged before the commencement of the amendment.

(4) Subsection 52(1A) of the Principal Act as amended by this Act does not apply to:

     (a) a determination made before the commencement of the amendment; or

     (b) a determination made after the commencement of the amendment in respect of a representative complaint lodged before the commencement of the amendment.

PART 4—AMENDMENTS OF THE RACIAL DISCRIMINATION ACT 1975

Principal Act

17. In this Part, "Principal Act" means the Racial Discrimination Act 19753.

Registered determination has effect as an order of the Federal Court

18.(1) Section 25ZAB of the Principal Act is amended by omitting subsections (3), (4), (5) and (6) and substituting the following subsections:

"(3) No action to enforce the determination may be taken before the end of the normal application and review period.

"(4) In the case of a determination under section 25Z, a failure by the respondent, during the normal application and review period, to comply with a positive requirement of the determination is not a contravention of the determination.

"(5) The respondent to a registered determination may apply to the Federal Court for review of the determination.

"(6) Subject to subsection (7), the respondent's application for review must be made before the end of 28 days after the day the determination is registered.

"(7) After those 28 days, the respondent may apply for review only with the leave of the Federal Court. The Court may grant leave only in exceptional circumstances.

"(8) If the Court grants leave, it may make one or more of the following orders:

     (a) an order prohibiting action, or further action, to enforce the determination during a specified period ending no later than when proceedings on the review are completed or otherwise terminated;

     (b) an order staying, for such a period, action to enforce the determination that has already