Document ID: chunk:federal_register_of_legislation:C2004A03367:body:0:p25
Version: federal_register_of_legislation:C2004A03367
Segment Type: other
Provision Reference: 
Character Range: 60869–63757

'President' means President of the Commission;"; and
     (e) by omitting "Human Rights Commission Act 1981" from the definition of "proposed enactment" in sub-section (1) and substituting "Human Rights and Equal Opportunity Commission Act 1986".

Functions of Human Rights and Equal Opportunity Commission
37. Section 48 of the Principal Act is amended—
     (a) by omitting from sub-section (1) "In addition to the functions of the Human Rights Commission under the Human Rights Commission Act 1981, the Commission has the following functions:" and substituting "The following functions are hereby conferred on the Commission:";
     (b) by omitting from paragraph (g) "and";
     (c) by inserting after paragraph (g) the following paragraphs:
        "(ga) to prepare, and to publish in such manner as the Commission considers appropriate, guidelines for the avoidance of discrimination on the ground of sex, marital status or pregnancy and discrimination involving sexual harassment;

        (gb) where the Commission considers it appropriate to do so, with the leave of the court hearing the proceedings and subject to any conditions imposed by the court, to intervene in proceedings that involve issues of discrimination on the ground of sex, marital status or pregnancy or discrimination involving sexual harassment;"; and
     (d) by omitting from sub-section (3) "If the Commissioner is a member of the Commission, the" and substituting "The".

Functions of Commissioner
38. Section 49 of the Principal Act is amended by omitting sub-sections (2) and (3).

Amendment of heading to Division 3 of Part III
39. The heading to Division 3 of Part III of the Principal Act is omitted and the following heading is substituted:
"Division 3—Inquiries by Human Rights and Equal Opportunity Commission".
40. Before section 58 of the Principal Act the following section is inserted in Division 3 of Part III:

Minister may appoint persons to participate in inquiries
"57a. (1) The Minister may appoint a person to participate, in accordance with this section, in the performance of the functions of the Commission.
"(2) The Minister may, under sub-section (1), appoint such number of persons as the Minister considers necessary for the purposes of this section.
"(3) A person who holds an appointment under sub-section (1) may, at the request of the President, participate in the holding of an inquiry under this Division as if the person were a member of the Commission and, for the purposes of the application of this Act in relation to the inquiry, the person shall be deemed to be a member of the Commission.
"(4) A person appointed under sub-section (1)—
     (a) holds the appointment for such period, not exceeding 5 years, as is specified in the instrument of the person's appointment, but is eligible for re-appointment; and
     (b) may resign the appointment by writing signed by