Equal Opportunity Amendment Act (No. 3) 1997 (WA)
WESTERN AUSTRALIA
EQUAL OPPORTUNITY
AMENDMENT ACT (No. 3) 1997
No. 42 of 1997
AN ACT to amend the Equal Opportunity Act 1984 and to
make related amendments to other Acts.
[Assented to 9 December 1997.]
The Parliament of Western Australia enacts as follows:
Short title
1. This Act may be cited as the Equal Opportunity Amendment Act (No. 3) 1997.
| No. 42] | Equal Opportunity Amendment Act |
| s. 2 | (No. 3) 1997 |
Commencement
2. (1)
Subject to subsection (2) this Act comes into operation 28 days after it receives the Royal Assent.
Section 4 is deemed to have come into operation on the
day on which the Superannuation Industry (Supervision)
Act 1993 of the Commonwealth came into operation.
(2)
Principal Act
3. In this Act the Equal Opportunity Act 1984* is referred to as the principal Act.
[* Reprinted as at 16 April 1996.
For subsequent amendments see 1996 Index to
Legislation of Western Australia, Table 1, p. 75.]
Section 66ZL amended
4. Section 66ZL (1) (c) (i) is amended by deleting ‘‘Occupational Superannuation Standards Act 1987’’ and substituting the following —
‘‘ Superannuation Industry (Supervision) Act 1993 ’’.
Section 66ZM amended
5. Section 66ZM (1) of the principal Act is amended by
inserting after ‘‘Division 2’’ the following —
‘‘ or 3 ’’.
| Equal Opportunity Amendment Act | [No. 42 |
| (No. 3) 1997 | s. 6 |
Section 66ZN amended
6. (1) Section 66ZN (1) of the principal Act is repealed and
the following subsection is substituted —
‘‘
Nothing in section 66W, 66X, 66Y or 66Z renders it unlawful to offer to a person who is an employee, commission agent, contract worker or partner, on the ground of the person’s age, participation in a voluntary phased-in retirement scheme, voluntary retirement scheme, retirement incentives scheme, severance scheme or other like scheme.
(1)
’’.
| (2) | Section 66ZN (2) of the principal Act is amended — |
| (a) | after paragraph (e) by deleting ‘‘or’’; |
| (b) | at the end of paragraph (f) by deleting the comma and substituting a semicolon; and |
| (c) | after paragraph (f) by inserting the following — |
‘‘
| (g) | PresidentorCommissionerwithinthe meaning of the Industrial Relations Act 1979; |
| (h) | the Judge within the meaning of the Liquor Licensing Act 1988; or |
(i) Solicitor-General or acting Solicitor-General within the meaning of the Solicitor-General Act 1969,
’’.
| No. 42] | Equal Opportunity Amendment Act |
| s. 7 | (No. 3) 1997 |
Section 75 amended
7. Section 75 (3) of the principal Act is repealed.
Amendment of various Acts
8. The Acts listed in Schedule 1 are amended as set out in that
Schedule.
| Equal Opportunity Amendment Act | [No. 42 |
| (No. 3) 1997 | Sch. 1 |
SCHEDULE 1 — AMENDMENTS TO VARIOUS ACTS
[Section 8]
Animal Resources Authority Act 1981
Section 13 (a) is amended by deleting ‘‘, other than by his attaining
the age of 65 years,’’.
Builders’ Registration Act 1939
Section 5AA (2) (b) is amended by deleting ‘‘, if the person has not
attained the age of 65 years,’’.
Building Societies Act 1976
1. Section 58 (1) is repealed and the following subsection is
substituted —
‘‘
A person who is under 21 years of age is not to be appointed as a director of a society.
(1)
’’.
2. Section 58 (2), (3), (4), (5) and (6) are repealed.
3. Section 58 (8) is repealed and the following subsection is
substituted —
‘‘
The rules of a society must not specify an age at which a person becomes —
(8)
| (a) | ineligible for appointment as a director; or |
| (b) | disqualified from holding office as a director, |
by reason of the person having reached a maximum
specified age.
’’.
Commercial Tribunal Act 1984
Section 9 (2) (b) is amended by deleting ‘‘, if he has not attained the
age of 65 years,’’.
| No. 42] | Equal Opportunity Amendment Act |
| Sch. 1 | (No. 3) 1997 |
Director of Public Prosecutions Act 1991
1. Section 5 (2) is amended by deleting ‘‘who is under 65 years of
| age’’. |
2. Clauses 1 (1) and (2) of Schedule 1 are repealed and the following
subclause is substituted —
‘‘
Subject to this Act, the Director holds office for a term of
5 years and is eligible for re-appointment for one or more terms
each of 5 years.
(1)
’’.
3. Clause 4 (1) (b) of Schedule 1 is deleted and the following
paragraph is substituted —
‘‘
| (b) | is entitled, if he or she resigns from the office of Director, to be appointed to an office in the Public Service not lower in classification and salary than the office which the person occupied before being appointed as Director. |
’’.
Electoral Act 1907
1. Section 5B (6) is repealed.
2. Section 5E (5) is amended by deleting ‘‘, other than by his
attaining the age of 65 years,’’.
Government Railways Act 1904
Section 8 (8) (a) (iv) is amended by deleting ‘‘attains the age of
sixty-five years,’’.
Grain Marketing Act 1975
Clause 6 (1) of the Third Schedule is amended —
| (a) | after the semicolon at the end of paragraph (e) by inserting the following — |
‘‘ or ’’;
| (b) | attheendofparagraph(f)bydeleting‘‘;or’’and substituting a full stop; and |
| (c) | by deleting paragraph (g). |
| Equal Opportunity Amendment Act | [No. 42 |
| (No. 3) 1997 | Sch. 1 |
Herd Improvement Service Act 1984
1. Section 14 (a) is amended by deleting ‘‘, other than by his
attaining the age of 65 years,’’.
2. Clause 1 (2) of the Schedule is amended by deleting ‘‘, unless he is disqualified by age,’’.
3. Clause 2 (3) of the Schedule is amended by deleting ‘‘attains the age of 70 years,’’.
Law Reform Commission Act 1972
Section 9 (5) (a) is amended by deleting ‘‘, other than by his attaining
the age of sixty-five years,’’.
Perth Theatre Trust Act 1979
Section 17 (4) (a) is amended by deleting ‘‘, other than by his
attaining the age of sixty-five years,’’.
Racing Penalties (Appeals) Act 1990
Clause 3 (1) of the Schedule is repealed.
Salaries and Allowances Act 1975
Section 5 (4) is amended —
| (a) | after the semicolon at the end of paragraph (b) by inserting the following — |
‘‘ or ’’;
| (b) | attheendofparagraph(c)bydeleting‘‘;or’’and substituting a comma; and |
| (c) | by deleting paragraph (d). |
Small Claims Tribunal Act 1974
1. Section 7 is amended —
|
‘‘ and ’’;
| No. 42] | Equal Opportunity Amendment Act |
| Sch. 1 | (No. 3) 1997 |
| (b) | attheendofparagraph(b)bydeleting‘‘;and’’and substituting a comma; and |
| (c) | by deleting paragraph (c). |
2. Section 8 (1) (g) (iii) is amended by deleting ‘‘before he attains the age of 65 years’’.
Strata Titles Act 1985
1. Section 72 is repealed and the following section is substituted —
| ‘‘ |
Eligibility to hold office as referee
72. A person may be appointed and hold office as a referee if the person is or has been a stipendiary magistrate or is a practitioner within the meaning of the term in the Legal Practitioners Act 1893.
’’.
2. Section 73 (1) (g) (iii) is amended by deleting ‘‘before he attains the age of 65 years’’.
Technology Development Amendment Act 1987
Clause 1 (4) (a) of Schedule 1 is amended by deleting ‘‘, other than by his attaining the age of 65 years,’’.
Technology and Industry Development Act 1983
Section 18 (a) is amended by deleting ‘‘, other than by his attaining
the age of 65 years,’’.
Western Australian Greyhound Racing Association Act 1981
Clause 1 (4) of Schedule 1 is amended —
| (a) | after the semicolon at the end of paragraph (e) by inserting the following — |
‘‘ or ’’;
| (b) | attheendofparagraph(f)bydeleting‘‘;or’’and substituting a full stop; and |
| (c) | by deleting paragraph (g). |
| Equal Opportunity Amendment Act | [No. 42 |
| (No. 3) 1997 | Sch. 1 |
Western Australian Sports Centre Trust Act 1986
Clause 1 of Schedule 1 is repealed and the following clause is substituted —
‘‘
Certain persons ineligible for appointment
1. A person is not eligible to be appointed as a trustee if the person is an undischarged bankrupt or a person whose property is subject to an order or arrangement under the laws relating to bankruptcy.
’’.
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By Authority: JOHN A. STRIJK, Government Printer
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