Document ID: chunk:federal_register_of_legislation:C2022A00079:clause:1_527ca
Version: federal_register_of_legislation:C2022A00079
Segment Type: clause
Provision Reference: sch 1 cl 527CA
Character Range: 145166–147029

527CA  Concurrent operation of State and Territory laws
 (1) This Part does not exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.
 (2) Without limiting subsection (1), this Part does not exclude or limit the concurrent operation of a law of a State or Territory to the extent that:
 (a) the law makes an act or omission:
 (i) an offence; or
 (ii) subject to a civil penalty; and
 (b) that (or any similar) act or omission constitutes a contravention of a civil remedy provision of this Part.
 (3) Without limiting subsection (1), this Part does not exclude or limit the concurrent operation of a law of a State or Territory to the extent that the law allows an application to be made to a person, court or body:
 (a) for an order or other direction (however described) to prevent a person from being sexually harassed; or
 (b) to deal with a dispute relating to an allegation that a person has been sexually harassed (whether or not by arbitration).
For this purpose, it is irrelevant whether:
 (c) sexual harassment has a different meaning for the purposes of the law to the meaning it has for the purposes of this Act; or
 (d) the law describes the conduct prevented, or to which the dispute relates, as sexual harassment.
Note 1: An order made under this Part, or under Division 2 of Part 4‑1 in relation to a contravention of this Part, will prevail over any order or other direction made by a person, court or body under a law of a State or Territory, to the extent of any inconsistency.
Note 2: Generally, section 734B prevents multiple applications or complaints under both this Act and State and Territory anti‑discrimination laws in relation to the same conduct.
 (4) Section 26 has effect subject to this section.

Division 2—Prohibiting sexual harassment in connection with work