Document ID: chunk:federal_register_of_legislation:C2022A00085:clause:7_18:p1
Version: federal_register_of_legislation:C2022A00085
Segment Type: clause
Provision Reference: sch 7 cl 18 (pt 1/2)
Character Range: 49687–52470

18  Transitional—pre‑commencement acts of victimisation
(1) Despite the amendments of the definition of unlawful discrimination in subsection 3(1) of the Australian Human Rights Commission Act 1986 made by this Schedule, paragraphs (ca), (d) and (e) of that definition continue to apply, in relation to conduct that was engaged in before the commencement of this item, as if those amendments had not been made.
(2) After the commencement of this item, a person is not entitled to lodge a complaint with the Australian Human Rights Commission under section 46P of the Australian Human Rights Commission Act 1986 alleging that one or more acts committed before the commencement of this item are unlawful discrimination because they amount to conduct that is an offence under any of the following provisions:
 (a) section 51 of the Age Discrimination Act 2004;
 (b) section 42 of the Disability Discrimination Act 1992;
 (c) subsection 27(2) of the Racial Discrimination Act 1975.
(3) If:
 (a) before the commencement of this item, a person lodged a complaint with the Australian Human Rights Commission under section 46P of the Australian Human Rights Commission Act 1986 alleging that one or more acts are unlawful discrimination because they amount to conduct that is an offence under section 51 of the Age Discrimination Act 2004; and
 (b) the complaint has not been terminated under section 46PH of the Australian Human Rights Commission Act 1986;
 then:
 (c) the President of the Australian Human Rights Commission may, by writing, declare that the Australian Human Rights Commission Act 1986 has effect, after the commencement of this item, as if the complaint had alleged that those acts are unlawful under section 47A of the Age Discrimination Act 2004 (as added by this Schedule); and
 (d) if such a declaration is made—the President:
 (i) may amend the complaint for the purposes of giving effect to the declaration; and
 (ii) must give a copy of the declaration to the person; and
 (e) if the President amends the complaint—the President must give a copy of the amended complaint to the person.
(4) If:
 (a) before the commencement of this item, a person lodged a complaint with the Australian Human Rights Commission under section 46P of the Australian Human Rights Commission Act 1986 alleging that one or more acts are unlawful discrimination because they amount to conduct that is an offence under section 42 of the Disability Discrimination Act 1992; and
 (b) the complaint has not been terminated under section 46PH of the Australian Human Rights Commission Act 1986;
 then:
 (c) the President of the Australian Human Rights Commission may, by writing, declare that the Australian Human Rights Commission Act 1986 has effect, after the commencement of this item, as if