Australian Human Rights Commission Regulations 1989
Statutory Rules No. 407, 1989 as amended
made under the
Australian Human Rights Commission Act 1986
Compilation start date: 1 August 2013
Includes amendments up to: SLI No. 196, 2013
About this compilation
This compilation
This is a compilation of the Australian Human Rights Commission Regulations 1989 as in force on 1 August 2013. It includes any commenced amendment affecting the legislation to that date.
This compilation was prepared on 30 August 2013.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.
Uncommenced amendments
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.
Provisions ceasing to have effect
If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Name of Regulations
2 Commencement
3 Interpretation
4 Other distinctions, exclusions or preferences that constitute discrimination
5 Application of amendments made by the Australian Human Rights Commission Amendment (Grounds of Discrimination) Regulation 2013
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous [none]
1 Name of Regulations
These Regulations are the Australian Human Rights Commission Regulations 1989.
2 Commencement
These Regulations commence on 1 January 1990.
3 Interpretation
In these Regulations, unless the contrary intention appears:
impairment means:
(a) total or partial loss of a bodily function; or
(b) the presence in the body of organisms causing disease; or
(c) total or partial loss of a part of the body; or
(d) malfunction of a part of the body; or
(e) malformation or disfigurement of a part of the body.
marital or relationship status has the same meaning as in the Sex Discrimination Act 1984.
the Act means the Australian Human Rights Commission Act 1986.
4 Other distinctions, exclusions or preferences that constitute discrimination
For the purposes of subparagraph (b)(ii) of the definition of discrimination in subsection 3(1) of the Act, any distinction, exclusion or preference made:
(a) on the ground of:
(i) age; or
(ii) medical record; or
(iii) criminal record; or
(iv) impairment; or
(v) marital or relationship status; or
(vi) mental, intellectual or psychiatric disability; or
(vii) nationality; or
(viii) physical disability; or
(ix) sexual orientation; or
(x) trade union activity; or
(xi) one or more of the grounds specified in subparagraphs (iii) to (x) (inclusive) which existed but which has ceased to exist; or
(b) on the basis of the imputation to a person of any ground specified in paragraph (a);
is declared to constitute discrimination for the purposes of the Act.
5 Application of amendments made by the Australian Human Rights Commission Amendment (Grounds of Discrimination) Regulation 2013
The amendments of these Regulations made by the Australian Human Rights Commission Amendment (Grounds of Discrimination) Regulation 2013 apply in relation to the performance by the Commission of its functions under Division 4 of Part II of the Act in relation to:
(a) acts or practices engaged in wholly after the commencement of Schedule 1 to that regulation; and
(b) acts or practices engaged in partly before and partly after that commencement.
Endnotes
Endnote 1—About the endnotes
The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments
Endnote 6—Modifications
Endnote 7—Misdescribed amendments
Endnote 8—Miscellaneous
If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.
Abbreviation key—Endnote 2
The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.
Uncommenced amendments—Endnote 5
The effect of uncommenced amendments is not reflected in the text of the compiled law, but the text of the amendments is included in endnote 5.
Modifications—Endnote 6
If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.
Misdescribed amendments—Endnote 7
An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.
Miscellaneous—Endnote 8
Endnote 8 includes any additional information that may be helpful for a reader of the compilation.
Endnote 2—Abbreviation key
ad = added or inserted | pres = present |
am = amended | prev = previous |
c = clause(s) | (prev) = previously |
Ch = Chapter(s) | Pt = Part(s) |
def = definition(s) | r = regulation(s)/rule(s) |
Dict = Dictionary | Reg = Regulation/Regulations |
disallowed = disallowed by Parliament | reloc = relocated |
Div = Division(s) | renum = renumbered |
exp = expired or ceased to have effect | rep = repealed |
hdg = heading(s) | rs = repealed and substituted |
LI = Legislative Instrument | s = section(s) |
LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
mod = modified/modification | Sdiv = Subdivision(s) |
No = Number(s) | SLI = Select Legislative Instrument |
o = order(s) | SR = Statutory Rules |
Ord = Ordinance | Sub-Ch = Sub-Chapter(s) |
orig = original | SubPt = Subpart(s) |
par = paragraph(s)/subparagraph(s) |
|
/sub-subparagraph(s) |
|
Endnote 3—Legislation history
Number and year | FRLI registration | Commencement | Application, saving and transitional provisions |
407, 1989 | 21 Dec 1989 | 1 Jan 1990 |
|
185, 2009 | 3 Aug 2009 (see F2009L02973) | 5 Aug 2009 (see r 2) | — |
196, 2013 | 31 July 2013 (see F2013L01479) | 1 Aug 2013 (see s 2) | — |
Endnote 4—Amendment history
Provision affected | How affected |
r 1..................... | rs No 185, 2009 |
r 3..................... | am No 185, 2009; No 196, 2013 |
r 4..................... | am No 196, 2013 |
r 5..................... | ad No 196, 2013 |
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous [none]