Commonwealth of Australia Bills

[Index] [Search] [Download] [Related Items] [Help]

DISABILITY DISCRIMINATION AMENDMENT BILL 2003

2002-2003

The Parliament of the
Commonwealth of Australia

HOUSE OF REPRESENTATIVES




Presented and read a first time









Disability Discrimination Amendment Bill 2003

No. , 2003

(Attorney-General)



A Bill for an Act to amend the Disability Discrimination Act 1992, and for related purposes

Contents

Disability Discrimination Act 1992 3

Workplace Relations Act 1996 3

A Bill for an Act to amend the Disability Discrimination Act 1992, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Disability Discrimination Amendment Act 2003.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent.
2. Schedule 1	The 28th day after the day on which this Act receives the Royal Assent.

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Disability Discrimination Act 1992

1 After section 54

Insert:

54A Addiction to prohibited drug

(1) This Part does not render it unlawful for a person to discriminate against another person on the ground of the other person’s disability if:

(a) the disability is the other person’s addiction to a prohibited drug; and

(b) the other person is addicted to the drug at the time of the discrimination.

Note: This does not affect the operation of this Part in relation to a disability that is a medical condition (such as HIV infection or hepatitis C) that may be related to drug addiction.

(2) Subsection (1) does not apply to discrimination by a person against another person on the ground of the other person’s disability if:

(a) the other person’s use of the drug is authorised by a law of the Commonwealth, a State or a Territory; or

(b) the other person is undergoing a program, or receiving services, to treat the addiction to the drug.

(3) In this section:

prohibited drug means a drug within the meaning of regulation 5 of the Customs (Prohibited Imports) Regulations 1956.

Workplace Relations Act 1996

2 Subsection 170CK(2)

Omit “or (4)”, substitute “, (4) or (4A)”.

3 After subsection 170CK(4)

Insert:

(4A) Subsection (2) does not prevent a physical or mental disability referred to in paragraph (2)(f) from being a reason for terminating employment, if the disability is covered by section 54A of the Disability Discrimination Act 1992.

[Index] [Search] [Download] [Related Items] [Help]