Document ID: chunk:federal_register_of_legislation:C2004A03367:body:0:p23
Version: federal_register_of_legislation:C2004A03367
Segment Type: other
Provision Reference: 
Character Range: 55668–58462

by omitting "that Commission" (wherever occurring) and substituting "the Commission".

Repeal of section 44a
27. Section 44a of the Principal Act is repealed.

Repeal of section 45
28. Section 45 of the Principal Act is repealed.

Commissioner to furnish information
29. Section 45a of the Principal Act is amended by omitting "Human Rights Commission" (wherever occurring) and substituting "Commission".

Amendments of certain provisions of the Principal Act
30. The Principal Act is amended as set out in the Schedule.

Operation of Racial Discrimination Act
31. (1) A reference in the Racial Discrimination Act 1975 to a complaint to the Commission shall be read as including a reference to a complaint made, before the commencement time, to the former Commission, being a complaint that had not been finally dealt with before the commencement time.
(2) Where, before the commencement time, the former Commission or the former Commissioner had commenced to perform, in relation to a particular matter, a function conferred on the former Commission by the Racial Discrimination Act 1975, but had not completed the performance of that function—
     (a) the Commission, or the Race Discrimination Commissioner, as the case may be, may continue and complete the performance of that function in relation to that matter; and
     (b) for the purposes of the performance of that function under paragraph (a), references in that Act to an inquiry into an act shall be read as including references to an inquiry into an act being made by the Commission, or by the Race Discrimination Commissioner, as the case may be, pursuant to that paragraph.

Consents by former Commission
32. Where, before the commencement time, the former Commission had, under sub-section 23 (2) of the Racial Discrimination Act 1975, given its consent to a conciliation committee performing the former Commission's function of endeavouring to effect a settlement of a matter in accordance with sub-section 21 (1) of that Act, that consent shall, on and after the commencement time, be deemed to have been given by the Commission.

Certificates by former Commission
33. Where—
     (a) before the commencement time, a person had received, in accordance with sub-section 24 (3) of the Racial Discrimination Act 1975, a certificate stating the matters referred to in paragraph 24 (3) (a) or (b) of that Act signed by a member of the former Commission or by the former Commissioner; and
     (b) at the commencement time, the person had not instituted a proceeding under sub-section 24 (1) of that Act,
then, for the purposes of the institution of any proceeding by the person after the commencement time, the certificate so received by the person shall be deemed to state the matters referred to in paragraph 24 (3) (a) or (b)