Human Rights Amendment Act 2001

14 New section 97 substituted
  • The principal Act is amended by repealing section 97, and substituting the following section:

    97 Power in respect of exception for genuine occupational qualification or genuine justification
    • (1) The Tribunal may exercise the power referred to in subsection (2), but only—

      • (a) in respect of a matter in which it has jurisdiction under this Act to make a final determination; and

      • (b) on an application by the Commission, a person or persons against whom a complaint under section 76(2)(a) has been made, or a person who is the subject of an inquiry under section 5(2)(h).

      (2) The power is to declare that an act, omission, practice, requirement, or condition that would otherwise be unlawful under Part II is not unlawful because it constitutes either or both—

      • (a) a genuine occupational qualification, in respect of sections 22 to 41:

      • (b) a genuine justification, in respect of sections 42 to 60.