Document ID: chunk:federal_register_of_legislation:C2024C00840:section:12
Version: federal_register_of_legislation:C2024C00840
Segment Type: section
Provision Reference: s 12
Character Range: 19567–21171

12  Operation of State and Territory laws
 (1) A reference in this section to this Act is a reference to this Act as it has effect because of a provision of sections 9 and 10.
 (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 on the ground of age.
 (3) This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.
 (4) If:
 (a) a law of a State or Territory relating to discrimination deals with a matter dealt with by this Act; and
 (b) a person has made a complaint or initiated a proceeding under that law in respect of an act in respect of which the person would, apart from this subsection, have been entitled to make a complaint under the Australian Human Rights Commission Act 1986 alleging that the act is unlawful under a provision of Part 4 of this Act;
the person is not entitled to make a complaint or institute a proceeding under the Australian Human Rights Commission Act 1986 alleging that the act is unlawful under a provision of Part 4 of this Act.
 (5) If:
 (a) a law of a State or Territory relating to discrimination deals with a matter dealt with by this Act; and
 (b) an act 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
 (6) Nothing in subsection (5) makes a person liable to be punished more than once in respect of the same act.