Document ID: chunk:federal_register_of_legislation:C2022A00085:clause:7_18:p2
Version: federal_register_of_legislation:C2022A00085
Segment Type: clause
Provision Reference: sch 7 cl 18 (pt 2/2)
Character Range: 52218–54337

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 58A of the Disability Discrimination Act 1992 (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.
(5) 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 subsection 27(2) of the Racial Discrimination Act 1975; 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 18AA of the Racial Discrimination Act 1975 (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.
(6) A declaration under subitem (3), (4) or (5) is not a legislative instrument.
(7) Subsections 19(2), (2A) and (2C) of the Australian Human Rights Commission Act 1986 (which deal with delegation) have effect as if this item were a provision of Part IIB of that Act.