Page:Tickle v Giggle for Girls Pty Ltd (No 2).pdf/2

CONSTITUTIONAL LAW – whether s 24(4) of the Births, Deaths and Marriages Registration Act 2003 (Qld) invalid for inconsistency with the SDA under s 109 of the Constitution – HELD: legislation not inconsistent DAMAGES – limitation of s 46PO(3) on Court's jurisdiction to award remedies under s 46PO(4) of the Australian Human Rights Act 1986 (Cth) – availability of aggravated damages for subsequent conduct in discrimination claims – HELD: declarations made and compensation awarded under s 46PO(4) Australian Human Rights Act 1986 (Cth)

Legislation:

Constitution ss 51(xx), (xxix), 109, 122 Acts Interpretation Act 1901 (Cth) ss 15 (rep), 11B(1) Australian Human Rights Commission Act 1986 (Cth) ss 46P, 46PH(1B)(b), 46PO(1), (3), (4), 46PV Disability Discrimination Act 1992 (Cth) Evidence Act 1995 (Cth) ss 41, 76, 79, 161(1) Judiciary Act 1903 (Cth) s 78B Federal Court of Australia Act 1976 (Cth) ss 21(1), 23 Sex Discrimination Act 1984 (Cth) ss 3, 4, 5, 5A, 5B, 5C, 7A, 7AA, 7B, 7C, 7D, 9(4), (10), (11), (13), 10(3), 11(3), 22, 28B(2), 94 Convention for the Elimination of All Forms of Discrimination Against Women (1979) Arts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 International Covenant on Civil and Political Rights (1966) Art 26 Optional Protocol to the Convention for the Elimination of All Forms of Discrimination Against Women (1999) Vienna Convention on the Law of Treaties (1969) Arts 31, 32 Anti-Discrimination Act 1991 (Qld) ss 7(1)(f), 14(1)(b), 119 Births, Deaths and Marriages Registration Act 1996 (Vic) s 30A Births, Deaths and Marriages Registration Act 2003 (Qld) s 24 Births, Deaths and Marriages Registration Act 2023 (Qld) s 142