Miscellaneous Acts (Sex Discrimination) Amendment Act 1987 (NSW)

Case

MISCELLANEOUS ACTS (SEX DISCRIMINATION)

AMENDMENT ACT 1987 No. 157

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title

2. Commencement
3. Amendment of certain Acts

4. Savings

SCHEDULE 1—AMENDMENT OF CERTAIN ACTS

MISCELLANEOUS ACTS (SEX DISCRIMINATION)

AMENDMENT ACT 1987 No. 157

NEW SOUTH WALES

Act No. 157, 1987

An Act to remove discriminatory provisions from certain Acts; and for other

purposes. [Assented to 18 November 1987]

Act No. 157

Miscellaneous Acts (Sex Discrimination) Amendment 1987

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:

Short title

1. This Act may be cited as the "Miscellaneous Acts (Sex

Discrimination) Amendment Act 1987".

Commencement

2. (1) Except as provided by subsection (2). this Act shall commence

on the date of assent to this Act.

(2) Schedule 1(1), (5) and (6), and section 3 in its application to those provisions, shall commence on such day or days as may be appointed by the Governor and notified by proclamation published in the Gazette.

Amendment of certain Acts

  1. Each Act specified in Schedule 1 is amended in the manner set forth

in that Schedule.

Savings

4. (1) Regulation 2 of the Lead Regulations shall be deemed to have
been made under the Factories, Shops and Industries Act 1962, as amended

by this Act, as if that Act, as so amended, had been in force when it was

made.

(2) Nothing in this Act affects a regulation made, before the date of assent

to this Act, under an Act amended by this Act if—

(a) the regulation could be made after the date of assent to this Act; and

(b)

the regulation is not inconsistent with the provisions of the Sex Discrimination Act 1984 of the Commonwealth.

Miscellaneous Acts (Sex Discrimination) Amendment 1987

SCHEDULE 1

(Sec. 3)

AMENDMENT OF CERTAIN ACTS

(1) Coal Mines Regulation Act 1982 No. 67—

Section 174 (Regulations)

Section 174 (2) (111)—

Omit the paragraph, insert instead:

(111) regulating the employment of persons under the age of 16

years in or about mines;

(2) Factories, Shops and Industries Act 1962 No. 43

(a) Section 55 (Power to make regulations—young persons)—

Section 55 (1)—

Omit "of females of any age, males under the age of twenty-one years of age, or males or females under such age being less than twenty-one years", insert instead "of such persons under 21 or less years of age".

(b) Section 66 (Power to make regulations)—

Section 66 (d)—

Omit the paragraph, insert instead: 
(d) prohibiting the engagement of any persons under 21 or less years of age (as may be specified) in any specified—
(i) process; or
(ii) description of work,

either absolutely or except on condition that those persons have received sufficient training in the process or work or are subject to such supervision as may be specified;

4   Act No. 157

Miscellaneous Acts (Sex Discrimination) Amendment 1987

SCHEDULE 1—continued

AMENDMENT OF CERTAIN ACTS—continued

(c) Section 68 (Regulations)—
Section 68 (1) (b). (c)—
At the end of section 68 (1) (b). insert:

; and

(c)

prohibiting or restricting the employment of persons in lead processing areas in factories.

(d) Section 71 (Duties of parents and guardians of young persons)—

Omit "a male person under sixteen years of age. or female person under eighteen years of age.'", insert instead "a person under 16 years of age"".

(3) Industrial Arbitration Act 1940 No. 2—

(a) Section 35 (Further powers)—
Section 35 (1) (in)—
Omit the paragraph, insert instead:

(m)

To encourage and assist in the establishment of hostels, clubs and libraries for workers.

(b)

Section 1 53 (Regulations)— Section 153 (1) (g)—

Omit the paragraph, insert instead: 

(g)

restricting or regulating contracts for the employment abroad in any capacity of any persons;

(4) Miners' Accident Relief (Supplemental) Act 1966 No. 15—

Section 2 (Additional allowances)

(a) Section 2(1)—

Omit "to—"'. insert instead "to any person who because of disablement or any fatal accident receives an allowance under

Miscellaneous Acts (Sex Discrimination) Amendment 1987

SCHEDULE {—continued

AMENDMENT OF CERTAIN ACTS—continued

(b) Section 2 (l)(a), (b)—
Omit the paragraphs.

(5) Mines Inspection Act 1901 No. 75—

Section 26 (Persons who shall not be employed in mines)
Section 26 (2)—
Omit section 26 (2) and (3), insert instead:

(2) A person under the age of 16 years but not under the age of 15 years may be employed above ground at a mine as a probationer, trainee apprentice or indentured apprentice within the meaning of the Apprenticeship Act 1981.

(6) Mines Rescue Act 1925 No. 3—

Section 14 (Permanent corps at central rescue stations)

(a) Section 14 (l)(a)—
Omit "men", insert instead "persons".
(b) Section 14 (l)(c)—
Omit "his".

(c) Section 14 (l)(f)—

Omit "that—", insert instead "that the member shall—".

(d)

Section 14 (1) (f) (i), (ii)— Omit "he shall" wherever occurring.

(e)

Section 14 (1) (f) (ii) and (iii)— Omit "other the" wherever occurring, insert instead "any".

(0 Section 14 (1) (f) (ii) and (iii)—

Omit "h is" wherever occurring, insert instead "the member's".

6   Act No. 157

Miscellaneous Acts (Sex Discrimination) Amendment 1987

SCHEDULE {—continued

AMENDMENT OF CERTAIN ACTS—continued

(g) Section 14 (l)(f)(iii)—
Omit "he shall,".
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