Document ID: chunk:federal_register_of_legislation:C2024C00645:section:11:p2
Version: federal_register_of_legislation:C2024C00645
Segment Type: section
Provision Reference: s 11 (pt 2/3)
Character Range: 35921–38778

relevant international instrument; and
 (m) on its own initiative or when requested by the Minister, to examine any relevant international instrument for the purpose of ascertaining whether there are any inconsistencies between that instrument and the Covenant, the Declarations or any other relevant international instrument, and to report to the Minister the results of any such examination; and
 (n) to prepare, and to publish in such manner as the Commission considers appropriate, guidelines for the avoidance of acts or practices of a kind in respect of which the Commission has a function under paragraph (f); and
 (o) where the Commission considers it appropriate to do so, with the leave of the court hearing the proceedings and subject to any conditions imposed by the court, to intervene in proceedings that involve human rights issues; and
 (p) to do anything incidental or conducive to the performance of any of the preceding functions.
 (2) The Commission shall not:
 (a) regard an enactment or proposed enactment as being inconsistent with or contrary to any human right for the purposes of paragraph (1)(e) by reason of a provision of the enactment or proposed enactment that is included solely for the purpose of securing adequate advancement of particular persons or groups of persons in order to enable them to enjoy or exercise human rights equally with other persons; or
 (b) regard an act or practice as being inconsistent with or contrary to any human right for the purposes of paragraph (1)(f) where the act or practice is done or engaged in solely for the purpose referred to in paragraph (a) of this subsection.
 (3) Notwithstanding paragraphs (1)(a), (d) and (f), the functions of the Commission do not include inquiring into an act or practice of an intelligence agency, and, where a complaint is made to the Commission alleging that an act or practice of such an agency is inconsistent with or contrary to any human right, constitutes discrimination, or is unlawful under the Racial Discrimination Act 1975, the Sex Discrimination Act 1984, the Disability Discrimination Act 1992, or the Age Discrimination Act 2004, the Commission shall refer the complaint to the Inspector‑General of Intelligence and Security.
Note: Both the Commission and the Inspector‑General of Intelligence and Security have functions in relation to ACIC and the Australian Federal Police. The Commission and the Inspector‑General can transfer matters between each other and share information in relation to actions taken by any of those agencies (see subsection 20(4C), section 46PZ and subsection 49(4C) of this Act, and Part IIIA of the Inspector‑General of Intelligence and Security Act 1986).
 (3A) Notwithstanding paragraph (1)(da), the functions of the Commission do not include inquiring into an intelligence agency's compliance with the positive