Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Sex
Discrimination Amendment Bill 2002
No.
,
2002
(Attorney-General)
A
Bill for an Act to amend the Sex Discrimination Act
1984
Contents
Sex Discrimination Act
1984 3
A Bill for an Act to amend the Sex Discrimination Act
1984
The Parliament of Australia enacts:
This Act may be cited as the Sex Discrimination Amendment Act
2002.
This Act commences on the day on which it receives the Royal
Assent.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
1 After subsection 22(1)
Insert:
(1A) Nothing in this section makes it unlawful to refuse a person access
to, or to restrict a person’s access to, assisted reproductive technology
services if that refusal or restriction:
(a) is on the ground that the person:
(i) is not married (or, although married, is living separately and apart
from his or her spouse); and
(ii) is not a de facto spouse; and
(b) is imposed, required or permitted by or under a law of a State or
Territory (whether made before or after the commencement of this
subsection).
(1B) If:
(a) an anti-discrimination law of a State or Territory expressly states
that a range of assisted reproductive technology services (which may be some or
all of those services) is not covered by that law; and
(b) no other law of the State or Territory prohibits a person’s
access to a service within that range being refused or restricted on the
ground set out in paragraph (1A)(a);
that anti-discrimination law is taken, for the purposes of
subsection (1A), to permit the refusal or restriction of the service to the
person on that ground.
(1C) Except as provided in subsection (1B), a law of a State or
Territory is not to be taken to permit a refusal or restriction of access to an
assisted reproductive technology service merely because it does not cover that
service.
(1D) In subsections (1A) to (1C):
anti-discrimination law means a law of a State or Territory
to which subsection 10(3) of this Act applies.
assisted reproductive technology services means:
(a) services provided in the course of, or for the purpose of, any of the
following:
(i) in-vitro fertilisation;
(ii) artificial insemination;
(iii) gamete, zygote or embryo transfer; or
(b) any other services provided for the purpose of assisting in non-coital
fertilisation.