Australian Capital Territory Numbered Acts

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DISCRIMINATION AMENDMENT ACT 2016 (NO. 49 OF 2016) - SECT 32

Dictionary, new definitions

insert

"immigration status" includes being an immigrant, a refugee or an asylum seeker, or holding any kind of visa under the Migration Act 1958

(Cwlth).

Note     Immigration status includes the immigration status that the person has or has had in the past, or is thought to have or have had in the past (see s 7 (2)).

"intersex status" means status as an intersex person.

"irrelevant criminal record", in relation to a person, means a record relating to an offence, or an alleged offence, if—

        (a)     the person has been charged with the offence but—

              (i)     a proceeding for the alleged offence is not finalised; or

              (ii)     the charge has lapsed, been withdrawn or discharged, or struck out; or

        (b)     the person has been acquitted of the alleged offence; or

        (c)     the person has had a conviction for the alleged offence quashed or set aside; or

        (d)     the person has been served with an infringement notice for the alleged offence; or

    (e)     the person has a conviction for the offence, but the circumstances of the offence are not directly relevant to the situation in which discrimination arises; or

        (f)     the person has a spent conviction or an extinguished conviction, within the meaning of the Spent Convictions Act 2000

, for the offence.

Note     The Spent Convictions Act 2000

sets out which convictions can be spent (see that Act

, s 11) and when a conviction is spent (see that Act, s 12).

"physical features" means a person's height, weight, size or other bodily features.

"political conviction" includes—

        (a)     having a political conviction, belief, opinion or affiliation; and

        (b)     engaging in political activity; and

        (c)     not having a political conviction, belief, opinion or affiliation; and

        (d)     not engaging in political activity.

"protected attribute"—see section 7.



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