Anti-Discrimination Amendment (Exemptions) Regulation 2004 (NSW)

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2004 No 668

New South Wales

Anti-Discrimination Amendment

(Exemptions) Regulation 2004

under the

Anti-Discrimination Act 1977

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Anti-Discrimination Act 1977.

BOB DEBUS, M.P.,

Attorney General

Explanatory note
The object of this Regulation is to amend the Anti-Discrimination Regulation 2004 to set out matters to be considered by the Anti-Discrimination Board and the Minister when recommending and making exemption orders under section 126 of the Anti-Discrimination Act 1977.

This Regulation is made under the Anti-Discrimination Act 1977, including section 127 (the general regulation-making power).

Published in Gazette No 153 of 1 October 2004, page 7734	Page 1
2004 No 668
Clause 1	Anti-Discrimination Amendment (Exemptions) Regulation 2004

Anti-Discrimination Amendment (Exemptions)

Regulation 2004

under the

Anti-Discrimination Act 1977

1 Name of Regulation
This Regulation is the Anti-Discrimination Amendment (Exemptions)
Regulation 2004.

2 Amendment of Anti-Discrimination Regulation 2004
The Anti-Discrimination Regulation 2004 is amended as set out in
Schedule 1.

2004 No 668

Anti-Discrimination Amendment (Exemptions) Regulation 2004

Amendment	Schedule 1
Schedule 1	Amendment

(Clause 2)

Clause 5
Insert after clause 4:
5 Matters to be considered in relation to exemption orders

(1)

The Minister and the Board, when exercising a function under section 126 in relation to a proposed exemption under that section, are to consider the following matters:

(a)

whether the proposed exemption is appropriate or reasonable,
(b) whether the proposed exemption is necessary,

(c)

whether there are any non-discriminatory ways of achieving the objects or purposes for which the proposed exemption is sought,

(d)

whether the proponent of the proposed exemption has taken reasonable steps, or is able to take any reasonable steps, to avoid or reduce the adverse effect of a particular act or action before seeking the exemption,

(e)

the public, business, social or other community impact of the granting of the proposed exemption,

(f)

any conditions or limitations to be contained in the proposed exemption.

(2)

In this clause, a reference to a proposed exemption includes a reference to a proposed renewal, variation or revocation of an exemption.

(3)

Nothing in this clause limits the power of the Minister or the Board to consider any other matters when exercising their functions under section 126 of the Act.

BY AUTHORITY

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Anti-Discrimination Amendment (Exemptions) Regulation 2004 (NSW)

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(a)	whether the proposed exemption is appropriate or reasonable,
(b)	whether the proposed exemption is necessary,
(c)	whether there are any non-discriminatory ways of achieving the objects or purposes for which the proposed exemption is sought,
(d)	whether the proponent of the proposed exemption has taken reasonable steps, or is able to take any reasonable steps, to avoid or reduce the adverse effect of a particular act or action before seeking the exemption,
(e)	the public, business, social or other community impact of the granting of the proposed exemption,
(f)	any conditions or limitations to be contained in the proposed exemption.
(2)	In this clause, a reference to a *proposed exemption* includes a reference to a proposed renewal, variation or revocation of an exemption.
(3)	Nothing in this clause limits the power of the Minister or the Board to consider any other matters when exercising their functions under section 126 of the Act.