169Anti-discrimination matters

#### 169 Anti-discrimination matters 169 Anti-discrimination matters > > (1) The Commission must, in the exercise of its functions, take into account the principles contained in the [Anti-Discrimination Act 1977](/view/html/inforce/current/act-1977-048). > > > (2) An issue that is the subject of proceedings before the Civil and Administrative Tribunal in relation to a matter arising under the [Anti-Discrimination Act 1977](/view/html/inforce/current/act-1977-048) may not be the subject of proceedings before the Commission without the leave of the Commission. > > > (3) The Commission may admit in proceedings before it evidence given before, or findings made by, the Tribunal in relation to a matter arising under the [Anti-Discrimination Act 1977](/view/html/inforce/current/act-1977-048). This subsection does not prevent the admission of any other evidence in the proceedings that contradicts any such evidence or finding. > > > (4) An industrial instrument may be varied at any time by the Commission in order to remove any unlawful discrimination arising from the instrument. An application for such a variation— > > > > > (a) may be made by a party to the instrument, and > > > > > (b) may be made by the President of the Anti-Discrimination Board with the leave of the Commission. > > > (5) This section does not apply to criminal proceedings before the Commission in Court Session. > > **s 169:** Am 1997 No 77, Sch 2.3; 2013 No 95, Sch 2.83; 2016 No 48, Sch 1 \[38\]; 2023 No 41, Sch 1.2\[33\].