Section 789HB — Fair Work Act 2009: Extension of anti-discrimination rules

(1) Subsection (3) applies for the purposes of the operation of the provisions identified in subsection (2) in relation to breastfeeding, gender identity or intersex status. (2) The provisions are as follows: (a) section 153; (b) section 172A; (c) section 195; (d) section 351. (3) In applying sections 30H and 30S in relation to that operation of the provisions identified in subsection (2), assume that: (a) the matter to which that operation of those provisions relates is not an excluded subject matter for the purposes of: (i) the State’s referral law mentioned in sections 30H and 30S; and (ii) Divisions 2A and 2B of Part 1-3; and (b) the referral of that matter by that referral law results in the Parliament of the Commonwealth having sufficient legislative power for those provisions (to the extent of that operation) to have effect.