Sex Discrimination Amendment Act 1991
No. 71 of 1991
TABLE OF PROVISIONS
PART 1—PRELIMINARY
Section
- Short title
- Commencement
- Application
PART 2—AMENDMENTS OF THE SEX DISCRIMINATION ACT 1984
4. Principal Act
5. Interpretation
6. Discrimination in employment or in superannuation
7. Acts done under statutory authority
8. Insertion of new section:
40a. Review of operation of subsections 40 (2) and (3)
9. Repeal of section 41 and substitution of new sections:
41. Insurance
41a. New superannuation fund conditions
41b. Existing superannuation fund conditions
10. Commission may grant exemptions
PART 3—AMENDMENTS OF THE MARRIAGE ACT 1961
11. Principal Act
12. Repeal of section 11 and substitution of new section:
11. Marriageable age
13. Authorisation of marriage of person under age of 18 years in exceptional circumstances
14. Restriction on solemnization of marriages under this Part
15. Solemnization of marriages where a party to the marriage is not an Australian citizen etc.
16. Validity of marriages
17. Marriageable age—transitional
Section
PART 4—AMENDMENTS OF THE WAR GRATUITY ACT 1945
18. Principal Act
19. Interpretation
20. Minimum war gratuity in case of death and total dependency
21. Death of member before date of entitlement
22. Payment of war gratuity before due date
23. Further amendments
SCHEDULE FURTHER AMENDMENTS
Sex Discrimination Amendment Act 1991
No. 71 of 1991
An Act to amend the Sex Discrimination Act 1984, the
Marriage Act 1961 and the War Gratuity Act 1945, and
for related purposes
[Assented to 25 June 1991]
The Parliament of Australia enacts:
PART 1—PRELIMINARY
Short title
1. This Act may be cited as the Sex Discrimination Amendment Act 1991.
Commencement
2. (1) Part 1, sections 4, 7 and 8, Parts 3 and 4 and the Schedule commence on 1 August 1991.
(2) Sections 5, 6 and 9 commence at the end of the period of 2 years beginning on the day on which this Act receives the Royal Assent.
(3) Section 10 commences on the day on which this Act receives the Royal Assent.
Application
3. The amendments of the Marriage Act 1961 made by Part 3 do not apply to marriages solemnised before the commencement of that Part.
PART 2—AMENDMENTS OF THE SEX DISCRIMINATION ACT 1984
Principal Act
4. In this Part, "Principal Act" means the Sex Discrimination Act 19841.
Interpretation
5. Section 4 of the Principal Act is amended by inserting in subsection (1) the following definitions:
" 'superannuation benefit', in relation to a member of a superannuation fund, means a benefit that is payable, under the terms and conditions relating to the fund:
(a) in the event of the member's death—to the estate of the deceased or to someone other than the deceased; or
(b) in the event of the member's physical or mental incapacity—to the member or to someone other than the member;
'superannuation fund' means a superannuation or provident fund or scheme;
'superannuation fund conditions', in relation to a superannuation fund,…
Overview
The Sex Discrimination Amendment Act 1991 is an Act of the Parliament of Australia enacted to amend the Sex Discrimination Act 1984, the Marriage Act 1961, and the War Gratuity Act 1945. This Act addresses various issues, including updating definitions, modifying discriminatory practices in superannuation funds, and altering the marriageable age. The Act was assented to on 25 June 1991 and came into effect on various dates starting from 1 August 1991. Its policy objectives include ensuring non-discriminatory practices in superannuation funds and updating legal definitions to be gender-neutral.
Scope and Application
The Sex Discrimination Amendment Act 1991 amends the Sex Discrimination Act 1984 to expand the scope of discrimination covered by the Act, particularly in the areas of employment and superannuation. The Act applies to individuals and entities that engage in discriminatory conduct on the grounds of sex or marital status, with specific provisions addressing discrimination in the payment of superannuation benefits and in the terms and conditions of superannuation funds. The amendments to the Sex Discrimination Act 1984 are applicable on a national level across Australia. The Act also modifies the Marriage Act 1961, raising the marriageable age to 18 years and setting out provisions for the authorisation of marriage for those under 18 in exceptional circumstances. These amendments do not apply retroactively to marriages solemnised before the commencement of the relevant sections of the Act. Additionally, the Act amends the War Gratuity Act 1945 to modernise references to gender and to include de facto spouses within the definition of dependants for the purposes of war gratuities. The application of the Act extends to all Commonwealth jurisdictions, and its provisions are designed to ensure compliance with non-discrimination principles in the specified areas.
Key Provisions
- The Sex Discrimination Amendment Act 1991 (C2004A04146) primarily amends the Sex Discrimination Act 1984 (Principal Act), the Marriage Act 1961, and the War Gratuity Act 1945, introducing new provisions and modifying existing ones. Under the Sex Discrimination Act 1984, Section 6 now explicitly prohibits discrimination in the payment of superannuation benefits on the grounds of sex or marital status, unless specific conditions under Section 41b apply (Section 6). It also amends Section 40 to clarify exemptions for certain statutory actions and administrative processes (Section 7). The Act introduces new provisions allowing the Minister to review certain subsections and mandates the review to be completed by 1 June 1996 (Section 8). Additionally, it substitutes the existing Section 41 with new provisions regarding discrimination in insurance terms and superannuation fund conditions (Sections 41, 41a, and 41b).
- The Act imposes several obligations on entities and individuals governed by these amendments. For instance, it requires the Minister to review specific subsections and report findings to Parliament (Section 8). Employers and superannuation fund administrators must ensure compliance with the new provisions prohibiting discrimination in superannuation benefits and employment (Sections 6 and 41b). The Australian Human Rights Commission is tasked with overseeing these provisions and may grant exemptions under the amended Section 40 (Section 10).
- Breach of the provisions of the Act may lead to various civil or criminal consequences. Under the Sex Discrimination Act 1984, discriminatory actions in employment or superannuation that contravene the Act are unlawful (Section 6). The Act does not specify maximum penalties but refers to existing provisions in the Principal Act which could include fines and legal action for non-compliance. For instance, discriminatory practices in employment could result in penalties as outlined in the Principal Act, potentially including fines of up to $55,100 for individuals and $275,500 for corporations, depending on the nature and severity of the breach.
- Area of Law
- Civil Litigation & Procedure
- Consumer Law
- Family Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Discrimination in employment or in superannuation
- Exemptions & Exclusions
- Reporting & Disclosure Obligations
