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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Equal Opportunity Amendment Bill 2006 CONTENTS 1. Short title 2 2. Commencement 2 3. The Act amended 2 4. Long title amended 2 5. Section 3 amended 2 6. Section 4 amended 2 7. Part III heading replaced 3 Part III -- Racial discrimination, harassment and offensive behaviour 8. Part 3 Division 3B inserted 3 Division 3B -- Racially offensive behaviour 49E. Racially offensive behaviour 3 49F. Exceptions 4 9. Section 80 amended 5 10. Section 83 amended 6 11. Section 89 amended 7 12. Section 114 amended 8 13. Section 115 amended 8 14. Section 116 amended 8 15. Section 117 amended 9 16. Section 126 amended 9 17. Section 127 amended 10 173--1 page i Western Australia LEGISLATIVE ASSEMBLY Equal Opportunity Amendment Bill 2006 A Bill for An Act to amend the Equal Opportunity Act 1984 and for related purposes. The Parliament of Western Australia enacts as follows: page 1 Equal Opportunity Amendment Bill 2006 s. 1 1. Short title This is the Equal Opportunity Amendment Act 2006. 2. Commencement This Act comes into operation on the day on which it receives the 5 Royal Assent. 3. The Act amended The amendments in this Act are to the Equal Opportunity Act 1984*. [* Reprint 4 as at 1 April 2005. 10 For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table 1, and Acts Nos. 18 of 2005 and 28 and 29 of 2006.] 4. Long title amended The long title is amended by deleting "grounds." and inserting 15 instead -- " grounds, and in respect of racially offensive behaviour. ". 5. Section 3 amended 20 After section 3(b) the following paragraph is inserted -- " (ba) to eliminate, so far as is possible, racially offensive behaviour in public; ". 25 6. Section 4 amended Section 4(1) is amended as follows: (a) in paragraph (a) of the definition of "complaint" by deleting "representative" and inserting instead -- " group "; page 2 Equal Opportunity Amendment Bill 2006 s. 7 (b) by deleting the definition of "representative complaint"; (c) by inserting in the appropriate alphabetical position -- " "group complaint" means a complaint lodged under 5 section 83(1)(a) or (b) or (1a) by a person on behalf of the person and other persons or by 2 or more persons on behalf of themselves and other persons, but does not include such a complaint after it has been amended by the Tribunal under 10 section 116(b); ". 7. Part III heading replaced The heading to Part III is repealed and the following heading is inserted instead -- 15 " Part III -- Racial discrimination, harassment and offensive behaviour ". 8. Part 3 Division 3B inserted 20 After section 49D the following Division is inserted -- " Division 3B -- Racially offensive behaviour 49E. Racially offensive behaviour (1) It is unlawful for a person to do any act, otherwise than 25 in private, that is reasonably likely to offend, insult, humiliate or intimidate another person on the ground of -- (a) the race; or (b) a characteristic that appertains generally to 30 persons of the race; or page 3 Equal Opportunity Amendment Bill 2006 s. 8 (c) a characteristic that is generally imputed to persons of the race, of that other person or of a relative or associate of that other person. 5 (2) Conduct is taken not to occur in private if it -- (a) consists of any form of communication with the public or a section of the public; or (b) occurs in a public place or in the sight or hearing of people who are in a public place. 10 (3) In subsection (2) -- "public place" includes a place to which the public or a section of the public has access, or is expressly or impliedly permitted to have access, whether on payment or not. 15 49F. Exceptions Nothing in section 49E renders it unlawful to do an act reasonably and in good faith -- (a) in the performance, exhibition or distribution of an artistic work; or 20 (b) in the course of a statement, publication, discussion or debate made or held for -- (i) a genuine academic, artistic or scientific purpose; or (ii) any other genuine purpose in the public 25 interest; or (c) in making or publishing -- (i) a fair and accurate report of; or page 4 Equal Opportunity Amendment Bill 2006 s. 9 (ii) a fair comment that is an expression of a genuine belief held by the person making the comment in relation to, an event or matter of public interest. 5 ". 9. Section 80 amended Section 80 is amended as follows: (a) by deleting "age eliminating" and inserting instead -- " age, eliminating "; 10 (b) after "accommodation," by inserting -- " eliminating, as far as possible, racially offensive behaviour in public, "; 15 (c) in paragraph (a) by deleting "discrimination or sexual or racial harassment" and inserting instead -- " discrimination, sexual or racial harassment or racially offensive behaviour 20 "; (d) after paragraph (b)(ii) by inserting -- " (iia) elimination of racially offensive behaviour in public; and 25 "; (e) in paragraph (e) by deleting "harassment;" and inserting instead -- " harassment, and means of eliminating racially 30 offensive behaviour in public; and "; page 5 Equal Opportunity Amendment Bill 2006 s. 10 (f) after each of paragraphs (a), (b)(i), (b), (c), (d), (f), (fa) and (g)(i) and (ii) by inserting -- " and ". 10. Section 83 amended 5 (1) Section 83(1) is amended as follows: (a) after paragraph (a) by inserting -- " or "; (b) after paragraph (c) by deleting the full stop and inserting instead -- 10 " ; or (d) in the case of an alleged contravention of section 49E and subject to subsection (3a), a representative body on behalf of one or more 15 named members of the affected racial group. ". (2) Section 83(3) is amended as follows: (a) after "subsection (1)" by inserting -- " (a) or (b) "; 20 (b) by deleting "representative" in both places where it occurs and inserting instead -- " group ". (3) After section 83(3) the following subsection is inserted -- " 25 (3a) A complaint cannot be lodged under subsection (1)(d) unless -- (a) each person named in the complaint has consented to the complaint being made on his or her behalf; and 30 (b) the act the subject of the alleged contravention is a matter of genuine concern to the body page 6 Equal Opportunity Amendment Bill 2006 s. 11 because of the way acts of that kind affect, or may affect, the people the promotion of whose interests or welfare is the body's primary purpose. 5 ". (4) Section 83(6) is repealed and the following subsection is inserted instead -- " (6) In this section -- 10 "affected racial group", in relation to an alleged contravention of section 49E, means the class of persons it is alleged are likely to be offended, insulted, humiliated or intimidated by the act the subject of the alleged contravention; 15 "representative body", in relation to an alleged contravention of section 49E, means a body (whether incorporated or not) that has as its primary purpose the promotion of the interests or welfare of people who are, or include, members of 20 the affected racial group; "trade union" means an organisation of employees or an organisation of employers. ". 11. Section 89 amended 25 Section 89(1) is amended as follows: (a) by deleting "substance or" and inserting instead -- " substance, "; (b) by deleting "Act," and inserting instead -- " 30 Act or, in the case of a complaint lodged under section 83(1)(d), is made in contravention of section 83(3a), ". page 7 Equal Opportunity Amendment Bill 2006 s. 12 12. Section 114 amended Section 114 is amended by deleting "representative" in both places where it occurs and inserting instead -- " group ". 5 13. Section 115 amended (1) Section 115(1) is amended as follows: (a) by inserting after "permit a complaint" -- " lodged under section 83(1)(a) or (b) or (1a) "; (b) by deleting "representative" in both places where it 10 occurs and inserting instead -- " group ". (2) Section 115(2) is amended as follows: (a) by inserting after "In considering" -- " under subsection (1) "; 15 (b) by deleting "representative" in both places where it occurs and inserting instead -- " group ". 14. Section 116 amended Section 116 is amended as follows: 20 (a) by inserting after "Where" -- " , having considered a complaint under section 115, "; (b) in paragraphs (a) and (b) by deleting "representative" in 25 each place where it occurs and inserting instead -- " group ". page 8 Equal Opportunity Amendment Bill 2006 s. 15 15. Section 117 amended Section 117 is amended as follows: (a) by deleting "representative" in the first place where it occurs and inserting instead -- 5 " group "; (b) by deleting "representative complaint" in the second place where it occurs and inserting instead -- " group complaint or a complaint under 10 section 83(1)(d) ". 16. Section 126 amended (1) Section 126 is amended as follows: (a) before "The Tribunal" by inserting the subsection 15 designation "(1)"; (b) by deleting "a party to an investigation at any time after the lodging of the complaint into which that investigation is held," and inserting instead -- " 20 the complainant or respondent to a complaint into which an inquiry is being held, ". (2) At the end of section 126 the following subsection is inserted -- " 25 (2) In this section -- "parties", in relation to a group complaint or a complaint lodged under section 83(1)(c) or (d), includes the persons on whose behalf the complaint was made. 30 ". page 9 Equal Opportunity Amendment Bill 2006 s. 17 17. Section 127 amended (1) Section 127(b)(i) is amended as follows: (a) by deleting "representative" and inserting instead -- " group "; 5 (b) by deleting "to the complainant". (2) Section 127(b)(iii) is amended as follows: (a) by deleting "representative" and inserting instead -- " group "; (b) by deleting "the complainant;" and inserting instead -- 10 " reason of the respondent's conduct; ".
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