EXPLANATORY STATEMENT
Statutory Rules 1984 No. 179
Subject: Sex Discrimination Act 1984
Sex Discrimination Commissioner (Allowances) Regulations
Section 116 of the Sex Discrimination Act 1984 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Sub-section 98 (1) of the Act provides that the Sex Discrimination Commissioner shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed.
Sub-section 98 (2) of the Act provides that the Commissioner shall be paid such allowances as are prescribed.
Sub-section 98 (3) of the Act provides that the section has effect subject to the Remuneration Tribunals Act 1973.
The proposed Sex Discrimination Commissioner (Allowances) Regulations seek to provide for the payment of allowances at the rate payable to an officer of the Australian Public Service.
As the Act has been proclaimed to come into operation on 1 August 1984 the proposed regulations are made in reliance on section 4 of the Acts Interpretation Act 1901. That section provides, in effect, that where an Act has not yet come into operation regulations may be made as if the Act had come into operation but they do not take effect until the Act comes into operation.
Details of the proposed regulations are as follows:
• Regulation 1 provides that the regulations may be cited as the Sex Discrimination Commissioner (Allowances) Regulations.
• Regulation 2 provides that for the purposes of sub-section 98 (2) of the Act, allowances payable shall be those applicable to an officer of the Australian Public Service.
Authority Section 116 of the Sex Discrimination Act 1984