Document ID: chunk:federal_register_of_legislation:C2004A03367:body:0:p5
Version: federal_register_of_legislation:C2004A03367
Segment Type: other
Provision Reference: 
Character Range: 11155–14001

referred to as the Principal Act.

Commencement
11. Section 2 of the Principal Act is amended by omitting sub-section (3).

Interpretation
12. Section 3 of the Principal Act is amended—
     (a) by omitting from sub-section (1) the definition of "Commissioner" and substituting the following definitions:
        "'Commission' means the Human Rights and Equal Opportunity Commission established by the Human Rights and Equal Opportunity Commission Act 1986;
        'Commissioner' means the Race Discrimination Commissioner appointed under section 29;";
     (b) by omitting from sub-section (1) the definition of "Human Rights Commission" and substituting the following definition:
        "'Federal Court' means the Federal Court of Australia;"; and
     (c) by inserting after the definition of "member" in sub-section (1) the following definition:
        "'registered organisation' means an organisation registered pursuant to the Conciliation and Arbitration Act 1904;".
13. Section 6 of the Principal Act is repealed and the following section is substituted:

Act binds the Crown
"6. This Act binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island, but nothing in this Act renders the Crown liable to be prosecuted for an offence.".

Land, housing and other accommodation
14. Section 12 of the Principal Act is amended by adding at the end the following sub-section:
"(3) Nothing in this section renders unlawful an act in relation to accommodation in a dwelling-house or flat, being accommodation shared or to be shared, in whole or in part, with the person who did the act or a person on whose behalf the act was done or with a relative of either of those persons.".

Employment
15. Section 15 of the Principal Act is amended by adding at the end the following sub-section:
"(5) Nothing in this section renders unlawful an act in relation to employment, or an application for employment, in a dwelling-house or flat occupied by the person who did the act or a person on whose behalf the act was done or by a relative of either of those persons.".

Advertisements
16. Section 16 of the Principal Act is amended by adding at the end "or an act that would, but for sub-section 12 (3) or 15 (5), be unlawful by reason of section 12 or 15, as the case may be".
17. Part III of the Principal Act is repealed and the following Part is substituted:

"PART III—INQUIRIES AND CIVIL PROCEEDINGS

"Division 1—Preliminary

Race Discrimination Commissioner
"19. For the purposes of this Act there shall be a Race Discrimination Commissioner.

Functions of Commission
"20. (1) The following functions are hereby conferred on the Commission:
     (a) to inquire into alleged infringements of Part II, and endeavour by conciliation to effect settlements of the matters alleged to constitute