Document ID: chunk:federal_register_of_legislation:C2008A00144:clause:2_11a
Version: federal_register_of_legislation:C2008A00144
Segment Type: clause
Provision Reference: sch 2 cl 11A
Character Range: 42483–44484

11A  Operation of State and Territory laws that further objects of other instruments

 (1) A reference in this section to this Act is a reference to this Act as it has effect because of subsection 9(10A).

 (2) A reference in this section to a law of a State or Territory is a reference to a law of a State or Territory that deals with discrimination involving dismissal of employees on the ground of family responsibilities.

 (3) This Act is not intended to exclude or limit the operation of a law of a State or Territory that furthers the objects of a relevant instrument and is capable of operating concurrently with this Act.

 (4) If:
 (a) a law of a State or Territory that furthers the objects of a relevant instrument deals with a matter dealt with by this Act; and
 (b) a person has made a complaint, instituted a proceeding or taken any other action under that law in respect of an act or omission in respect of which the person would, but for this subsection, have been entitled to make a complaint under the Human Rights and Equal Opportunity Commission Act 1986 alleging that the act or omission is unlawful under subsection 14(3A) of this Act;
the person is not entitled to make a complaint or institute a proceeding under the Human Rights and Equal Opportunity Commission Act 1986 alleging that the act or omission is unlawful under that subsection.

 (5) If:
 (a) a law of a State or Territory that furthers the objects of a relevant instrument deals with a matter dealt with by this Act; and
 (b) an act or omission by a person that constitutes an offence against that law also constitutes an offence against this Act;
the person may be prosecuted and convicted either under that law of the State or Territory or under this Act, but nothing in this subsection renders a person liable to be punished more than once in respect of the same act or omission.

 (6) In this section:

relevant instrument means an instrument referred to in subsection 9(10A).

Witness Protection Act 1994