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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
ANTI-DISCRIMINATION AMENDMENT BILL 2016
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 55 substituted
55. Public purpose
5. Section 64 amended (Rejection of complaints)
6. Section 71 amended (Completion of investigation)
7. Section 99 amended (Dismissal of complaint)
8. Repeal of Act
[Bill 54]-III
2
ANTI-DISCRIMINATION AMENDMENT BILL 2016
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
25 October 2016
(Brought in by the Minister for Health, the Honourable
Michael Darrel Joseph Ferguson)
A BILL FOR
An Act to amend the Anti-Discrimination Act 1998
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Anti-Discrimination
Amendment Act 2016.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Anti-Discrimination Act 1998* is
referred to as the Principal Act.
*No. 46 of 1998
[Bill 54] 3
Anti-Discrimination Amendment Act 2016
Act No. of
s. 4
4. Section 55 substituted
Section 55 of the Principal Act is repealed and
the following section is substituted:
55. Public purpose
(1) The provisions of section 17(1) and
section 19 do not apply if the relevant
conduct or public act is -
(a) a fair report of a public act; or
(b) a communication or
dissemination of a matter that is
subject to a defence of absolute
privilege in proceedings for
defamation; or
(c) a public act done in good faith
for -
(i) academic, artistic,
scientific, religious or
research purposes; or
(ii) any purpose in the public
interest.
(2) In this section -
religious purpose includes, but is not
limited to, conveying, teaching or
proselytising a religious belief.
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Anti-Discrimination Amendment Act 2016
Act No. of
s. 5
5. Section 64 amended (Rejection of complaints)
Section 64 of the Principal Act is amended by
inserting after subsection (1) the following
subsections:
(1A) The Commissioner must reject a
complaint to the effect that a person has
engaged in conduct of the kind referred
to in section 17(1) if the Commissioner is
satisfied that -
(a) a reasonable person, having
regard to all the circumstances,
would not have anticipated that
the person by or in respect of
whom the complaint is made
would, as the case may be, be
offended, humiliated, intimidated,
insulted or ridiculed by the
conduct; or
(b) by virtue of section 55, the
provisions of section 17(1) do not
apply to the conduct.
(1B) The Commissioner must reject a
complaint to the effect that a person has
done a public act of the kind referred to
in section 19 if the Commissioner is
satisfied that -
(a) the public act does not constitute
an incitement of, as the case may
be, hatred towards, serious
contempt for or severe ridicule of
the person or persons by or in
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Anti-Discrimination Amendment Act 2016
Act No. of
s. 6
respect of whom the complaint is
made on whichever of the
grounds referred to in
section 19(a), (b), (c) and (d) is
relevant to the complaint; or
(b) by virtue of section 55, the
provisions of section 19 do not
apply to the public act.
6. Section 71 amended (Completion of investigation)
Section 71 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) Notwithstanding subsection (1), the
Commissioner must determine that the
complaint is dismissed if he or she is
satisfied from the findings of the
investigation, whether or not carried out
by the Commissioner personally, that it is
a complaint that the Commissioner,
exercising reasonable judgement, ought
to have rejected pursuant to
section 64(1A) or (1B).
7. Section 99 amended (Dismissal of complaint)
Section 99 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(2A) The Tribunal must dismiss a complaint if
it is satisfied, in all the circumstances,
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Anti-Discrimination Amendment Act 2016
Act No. of
s. 8
that it is a complaint that the
Commissioner, exercising reasonable
judgement, ought to have rejected
pursuant to section 64(1A) or (1B).
8. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
Government Printer, Tasmania 7