Document ID: chunk:federal_register_of_legislation:C2004A01275:clause:2_14
Version: federal_register_of_legislation:C2004A01275
Segment Type: clause
Provision Reference: sch 2 cl 14
Character Range: 10673–12637

14  After subsection 53(1)
Insert:

 (1A) Except in a case to which subsection (1B) applies, the Commission may only intervene in proceedings as mentioned in paragraph (1)(g) if the Attorney‑General approves the intervention. In deciding whether to approve the intervention, the Attorney‑General may (but need not) have regard to the following matters:
 (a) whether the Commonwealth, or a person on behalf of the Commonwealth, has already intervened in the proceedings;
 (b) whether, in the Attorney‑General's opinion, the proceedings may affect to a significant extent the human rights of, or involve significant issues of discrimination against, persons who are not parties to them;
 (c) whether, in the Attorney‑General's opinion, the proceedings have significant implications for the administration of any of the following Acts:
 (i) this Act;
 (ii) the Australian Human Rights Commission Act 1986;
 (iii) the Disability Discrimination Act 1992;
 (iv) the Racial Discrimination Act 1975;
 (v) the Sex Discrimination Act 1984;
 (d) whether, in the Attorney‑General's opinion, there are special circumstances such that it would be in the public interest for the Commission to intervene.
This subsection does not, by implication, limit the matters to which the Attorney‑General may have regard.

 (1B) If the President is:
 (a) a Justice of the High Court, or was such a Justice immediately before becoming President; or
 (b) a Judge of a court created by the Parliament, or was such a Judge immediately before becoming President;
then, before the Commission seeks leave to intervene in proceedings as mentioned in paragraph (1)(g), the Commission must give the Attorney‑General written notice of the Commission's intention to seek leave to intervene, together with a statement of why the Commission considers it appropriate to intervene. The notice must be given at a time when there is still a reasonable period before the Commission seeks leave to intervene.