Statutory Rules 1988 No. 1831
Sex Discrimination (Operation of
Legislation) Regulations
I,
THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice
of the Federal Executive Council, hereby make the following Regulations under
the Sex Discrimination Act 1984.
Dated 25
July 1988.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
J.
S. DAWKINS
Minister of State for
Employment, Education and Training
for and on behalf of
the
Minister of State for
Justice
_________
Citation
1. These Regulations may be cited as the Sex
Discrimination (Operation of Legislation) Regulations.
Commencement
2. (1)Subject to subregulation (2), these
Regulations commence on 29
July 1988.
(2) Subregulations 4 (2), 5 (2) and 9 (2) and
regulations 10, 11, 12, 13, 14 and 16 commence on 1 August 1988.
Interpretation
3. (1)In these Regulations, unless the
contrary intention appears:
“the Act” means the Sex Discrimination Act 1984;
“the relevant day” means 31 July 1989.
(2) Except in this regulation, a reference in
these Regulations to the short title of an Act, an Ordinance or of a State Act
shall be read as a reference to that Act, Ordinance or State Act as in force at
the commencement of the Act.
(3) In these Regulations, a reference to any
regulation, rule, by-law, determination or direction shall be read as a
reference to that regulation, rule, by-law, determination or direction as in
force at the commencement of the Act.
Operation of paragraph 40 (1) (a) of the Act: Commonwealth
legislation
4. (1)For the purposes of subsection 40 (2) of
the Act, paragraph 40 (1) (a) of the Act shall remain in force until the
expiration of the relevant day in relation to the Acts, and to the provisions
of Acts, specified in Part I of Schedule 1.
(2) For the purposes of subsection 40 (2) of the
Act, paragraph 40 (1) (a) of the Act shall remain in force until the expiration
of the relevant day in relation to the Acts specified in Part II of Schedule 1.
Operation of paragraph 40 (1) (a) of the Act: Australian Capital Territory laws
5. (1)For the purposes of subsection 40 (2) of
the Act, paragraph 40 (1) (a) of the Act shall remain in force until the
expiration of the relevant day in relation to the Ordinance, and to the
provision of an Ordinance, of the Australian Capital Territory specified in
Part I of Schedule 2.
(2) For the purposes of subsection 40 (2) of the
Act, paragraph 40 (1) (a) of the Act shall remain in force until the expiration
of the relevant day in relation:
- (a)
to all Imperial Acts in force, as at the
commencement of the Act, in the Australian Capital Territory under section 6 of
the Seat of Government Acceptance Act 1909; and
- (b)
to the following provisions of Acts of New
South Wales in force in the Australian Capital Territory under section 6 of the
Seat of Government Acceptance Act 1909:
Operation of paragraph 40 (1) (a) of the Act: Christmas
Island laws
6. For
the purposes of subsection 40 (2) of the Act, paragraph 40 (1) (a) of the Act
shall remain in force until the expiration of the relevant day in relation to
the laws of the Territory of Christmas Island specified in Part II of Schedule
2.
Operation of paragraph 40 (1) (a) of the Act: Cocos (Keeling) Islands laws
7. For
the purposes of subsection 40 (2) of the Act, paragraph 40 (1) (a) of the Act
shall remain in force until the expiration of the relevant day in relation to
the laws of the Territory of Cocos (Keeling) Islands specified in Part III of
Schedule 2.
Operation of paragraph 40 (1) (a) of the Act: Norfolk
Island laws
8. For
the purposes of subsection 40 (2) of the Act, paragraph 40 (1) (a) of the Act
shall remain in force until the expiration of the relevant day in relation to
the laws of the Territory of Norfolk Island specified in Part IV of Schedule 2.
Operation of paragraph 40 (1) (b) of the Act: Commonwealth and
Territories laws
9. (1)For the purposes of subsection 40 (2) of
the Act, paragraph 40 (1) (b) of the Act shall remain in force until the
expiration of the relevant day in relation to all regulations, rules, by-laws,
determinations or directions made under an Act or a provision of an Act
specified in Part I of Schedule 1 or specified in Schedule 2.
(2) For
the purposes of subsection 40 (2) of the Act, paragraph 40 (1) (b) of the Act
shall remain in force until the expiration of the relevant day in relation to
all regulations, rules, by-laws, determinations or directions made under an Act
specified in Part II of Schedule 1 or a law referred to in paragraph 5 (2) (a).
Operation of paragraphs 40 (1) (a) and (b) of the Act: New South Wales legislation
10. (1)For the purposes of subsection 40 (2) of
the Act, paragraph 40 (1) (a) of the Act shall remain in force until the
expiration of the relevant day in relation to the provisions of the Acts of New
South Wales specified in Part I of Schedule 3.
(2) For
the purposes of subsection 40 (2) of the Act, paragraph 40 (1) (b) of the Act
shall remain in force until the expiration of the relevant day in relation to
the provisions of the regulations of New South Wales specified in Part II of
Schedule 3.
Operation of paragraph 40 (1) (a) of the Act: Victorian legislation
11. For
the purposes of subsection 40 (2) of the Act, paragraph 40 (1) (a) of the Act
shall remain in force until the expiration of the relevant day in relation to
the Local Government Act 1958 of Victoria.
Operation of paragraphs 40 (1) (a) and (b) of the Act: Queensland legislation
12. (1)For the purposes of subsection 40 (2) of
the Act, paragraph 40 (1) (a) of the Act shall remain in force until the
expiration of the relevant day in relation to the Factories and Shops Act 1960
of Queensland.
(2) For
the purposes of subsection 40 (2) of the Act, paragraph 40 (1) (b) of the Act
shall remain in force until the expiration of the relevant day in relation to
all regulations, rules, by-laws, determinations or directions made under the
Factories and Shops Act 1960 of Queensland.
Operation of paragraphs 40 (1) (a) and (b) of the Act: Western
Australian legislation
13. (1)For the purposes of subsection 40 (2) of
the Act, paragraph 40 (1) (a) of the Act shall remain in force until the
expiration of the relevant day in relation to the Act, and to the provision of
an Act, of Western Australia specified in Part I of Schedule 4.
(2) For
the purposes of subsection 40 (2) of the Act, paragraph 40 (1) (b) of the Act
shall remain in force until the expiration of the relevant day in relation to
the regulations of Western Australia specified in Part II of Schedule 4.
Operation of paragraphs 40 (1) (a) and (b) of the Act: Tasmanian
legislation
14. (1)For the purposes of subsection 40 (2) of
the Act, paragraph 40 (1) (a) of the Act shall remain in force until the end of
the relevant day in relation to the following Acts of Tasmania:
(2) For
the purposes of subsection 40 (2) of the Act, paragraph 40 (1) (b) of the Act
shall remain in force until the expiration of the relevant day in relation to
all regulations, rules, by-laws, determinations or directions made under an Act
referred to in subregulation (1).
Repeal of Sex Discrimination (Operation of Legislation) (No. 1)
Regulations
15. Statutory
Rules 1986 No. 191 and 1987 No. 8 are repealed.
Repeal of Sex Discrimination (Operation of Legislation) (No. 2)
Regulations
16. Statutory
Rules 1987 No. 158 and 1988 No. 3 are repealed.
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SCHEDULE
1Regulations
4 and 9
COMMONWEALTH LEGISLATION
PART I—ACTS AND PROVISIONS OF
ACTS
Defence Act 1903, Part IV
Defence (Re-establishment) Act
1965, Part III
Defence Service Homes Act 1918
Marriage Act 1961, sections
11, 12, 77 and 78
National Health Act 1953,
sections 4, 73BA and 84 and the Schedule
National Service Act 1951
Student Assistant Act 1973
War Gratuity Act 1945
PART II—ACTS
Gift Duty Assessment Act 1941
Income
Tax Assessment Act 1936
Income
Tax (International Agreements) Act 1953
Sales
Tax (Exemptions and Classifications) Act 1935
Taxation
(Unpaid Company Tax) Assessment Act 1982
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SCHEDULE 2Subregulation
5 (1),
regulations 6, 7 and 8
and subregulation
9 (1)
TERRITORIES LEGISLATION
PART I—AUSTRALIAN
CAPITAL TERRITORY ORDINANCE AND PROVISION OF
ORDINANCE
Adoption of Children
Ordinance 1965
Registration
of Births, Deaths and Marriages Ordinance 1963, section 17
PART II—CHRISTMAS ISLAND
LAWS
Adoption of Children Ordinance
Divorce Ordinance
Married Women and Children
(Maintenance) Ordinance
Muslims Ordinance
Penal Code
Registration of Births and Deaths
Ordinance
PART III—COCOS (KEELING) ISLANDS
LAWS
Adoption of Children Ordinance
Divorce Ordinance
Married Women and Children
(Maintenance) Ordinance
Muslims Ordinance
Penal Code
Registration of Births and Deaths
Ordinance
PART IV—NORFOLK ISLAND
LAWS
Social Services Act 1980
Adoption
of Children Ordinance 1932
Crimes
Act 1900 of New South Wales
as in force in Norfolk Island under section 3
of the Criminal Law Ordinance 1960
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SCHEDULE
3Regulation
10
NEW SOUTH WALES
LEGISLATION
PART I-PROVISIONS OF ACTS
Coal Mines Regulation Act 1982, section 174
Co-operation Act 1923, section 17B
Closer Settlement Act 1904,
section 26
Credit Union Act 1969, section 41
Crown Lands Consolidation Act
1913, section 277
Factories, Shops and Industries
Act 1962, section 36
Landlord and Tenant (Amendment)
Act 1948, Part V
Mines Inspection Act 1901, section
26
Mines Rescue Act 1925, section 14
Permanent Building Societies Act
1967, section 8
PART II-PROVISIONS OF REGULATIONS
Clause 38 (3) of
the Coal Mines Regulation (General Welfare and First Aid-Underground Mines)
Regulations 1984 made under the Coal Mines Regulation Act 1982
Regulations
31, 32, 33 and 34 of the Mines Rescue Regulations 1925 made under the Mines
Rescue Act 1925
Regulation
2 of the Lead Regulations made under the Factories, Shops and Industries Act
1962
Regulation
15 of the Electroplating Regulations made under the Factories, Shops and
Industries Act 1962
Regulations
15, 17 and 17A of the Factories (Health and Safety) General
Regulations
1913 made under the Factories, Shops and Industries Act 1962
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SCHEDULE 4Regulation
13
WESTERN AUSTRALIAN LEGISLATION
PART I—ACT AND PROVISION OF ACT
Child Welfare Act 1947
Pearling Act 1912,
subsection 82 (2)
PART II—REGULATIONS
Each of the following
Regulations made under the Factories and Shops Act 1963:
- (a)
Factories (Health and Safety) Regulations;
- (b)
Shops and Warehouses (Health, Safety and
Welfare) Regulations;
- (c)
Factories (Lead Materials) Regulations 1971;
- (d)
Factories (Welfare) Regulations.
NOTE
1. Notified in the Commonwealth
of Australia
Gazette