Preliminary Part I
Section 11
(2) A reference in this section to a law of a State or Territory is a
reference to a law of a State or Territory that deals with
discrimination on the ground of sex, discrimination on the ground
of sexual orientation, discrimination on the ground of gender
identity, discrimination on the ground of intersex status,
discrimination on the ground of marital or relationship status,
discrimination on the ground of pregnancy or potential pregnancy,
discrimination on the ground of breastfeeding or discrimination on
the ground of family responsibilities.
(3) This Act is not intended to exclude or limit the operation of a law
of a State or Territory that furthers the objects of a relevant
international instrument and is capable of operating concurrently
with this Act.
(4) Where:
(a) a law of a State or Territory that furthers the objects of a
relevant international instrument deals with a matter dealt
with by this Act; and
(b) a person has made a complaint, instituted a proceeding or
taken any other action under that law in respect of an act or
omission in respect of which the person would, but for this
subsection, have been entitled to make a complaint under the
Australian Human Rights Commission Act 1986 alleging that
the act or omission is unlawful under a provision of Part II of
this Act;
the person is not entitled to make a complaint or institute a
proceeding under the Australian Human Rights Commission Act
1986 alleging that the act or omission is unlawful under a provision
of Part II of this Act.
(5) Where:
(a) a law of a State or Territory that furthers the objects of a
relevant international instrument deals with a matter dealt
with by this Act; and
(b) an act or omission by a person that constitutes an offence
against that law also constitutes an offence against this Act;
Sex Discrimination Act 1984
Compilation No. 42
Compilation date: 11/09/2021
Authorised Version C2021C00420 registered 08/10/2021
27
Registered: 08/10/2021