Document ID: chunk:federal_register_of_legislation:C2004A04470:body:0:p17
Version: federal_register_of_legislation:C2004A04470
Segment Type: other
Provision Reference: 
Character Range: 41986–44708

the course of providing, or offering to provide, goods, services or facilities to that other person.

Provision of accommodation

"28H.(1) It is unlawful for a person to sexually harass another person in the course of providing, or offering to provide, (whether as principal or agent) accommodation to that other person.

"(2) This section does not apply to anything done by a person in the course of providing, or offering to provide, accommodation to a near relative.

Land

"28J. It is unlawful for a person to sexually harass another person in the course of dealing (whether as principal or agent) with that other person in connection with:

    (a)     disposing of, or offering to dispose of, an estate or interest in land to the other person; or

    (b)     acquiring, or offering to acquire, an estate or interest in land from the other person.

Clubs

"28K. It is unlawful for a member of the committee of management of a club to sexually harass a member of the club or a person seeking to become a member of the club.

Commonwealth laws and programs

  "28L. It is unlawful for a person:

    (a)     in the course of performing any function, or exercising any power, under a Commonwealth law or for the purposes of a Commonwealth program; or

    (b)     in the course of carrying out any other responsibility for the administration of a Commonwealth law or the conduct of a Commonwealth program;

to sexually harass another person.".

Before section 48:

  Insert in Division 1 of Part III:

Part applies to victimisation offences

"47A. In this Part, a reference to an act that is unlawful under a provision of Part II includes a reference to an act that is an offence under section 94.".
SCHEDULE—continued

After paragraph 48(1)(c):

  Insert:

  "(ca) to deal with complaints lodged under section 50A;".

Section 49:

  Omit "paragraph 48(1)(a)", substitute "paragraphs 48(1)(a) and (ca)".

After subsection 50(1):

  Insert:

"(1A) In the case of a representative complaint, this section has effect subject to section 69.".

After section 50:

  Insert:

Referral of discriminatory awards to the Australian Industrial Relations Commission

"50A.(1) A complaint in writing alleging that a person has done a discriminatory act under an award may be lodged with the Commission by:

    (a)     a person aggrieved by the act, on that person's own behalf or on behalf of that person and one or more other persons aggrieved by the act; or

    (b)     2 or more persons aggrieved by the act, on their own behalf or on behalf of themselves and one or more other persons aggrieved by the act; or

    (c)     a person or persons who are in a class of persons aggrieved by the act, on behalf of all the persons in