Sex Discrimination (Consequential Amendments) Act 1986

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Sex Discrimination (Consequential Amendments) Act 1986

No. 163 of 1986

 

An Act to make certain amendments in consequence of the enactment of the Sex Discrimination Act 1984, and for other purposes

[Assented to 18 December 1986]

[Date of commencement 15 January 1987]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title

1. This Act may be cited as the Sex Discrimination (Consequential Amendments) Act 1986.

Amendments

2. The Acts specified in the Schedule are amended as set out in the Schedule.

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10216/87 Cat. No. 86 7135 4


SCHEDULE Section 2

AMENDMENTS OF ACTS

Aged or Disabled Persons Homes Act 1954

Sub-section 2 (1) (definition of “aged person”)—

Omit “a man who has attained the age of 65 years or a woman who has attained the age of 60 years”, substitute “a person who has attained the age of 60 years”.

Banking (Transitional Provisions) Act 1959

Sub-section 20 (2)—

Omit the sub-section, substitute the following sub-section:

“(2) An officer appointed to the Reserve Bank Service under this Part shall not, except for incapacity or misconduct, be retired or dismissed from the Reserve Bank Service before the officer has attained the age of 60 years.”.

Companies Act 1981

Sub-paragraph 578 (2) (c) (ii)—

Omit “wife”, substitute “spouse”.

Compensation (Commonwealth Government Employees) Act 1971

Sub-section 5 (1) (paragraph (c) of the definition of “dependant”)—

Omit “throughout the period of 3 years”.

Paragraph 45 (10) (c)—

Omit “, throughout a period of 3 years ending on or after the date of commencement of the incapacity of the employee, lived”, substitute “lives”.

Defence Act 1903

Paragraph 124 (1) (h)—

Omit the paragraph.

Delivered Meals Subsidy Act 1970

Sub-section 3 (1) (definition of “aged person”)—

Omit the definition, substitute the following definition:

“‘aged person’ means a person who has attained the age of 60 years;”.

Navigation Act 1912

Sub-paragraph 70 (1) (a) (i)—

Omit the sub-paragraph, substitute the following sub-paragraph:

“(i) the grandparent, parent, wife, husband, brother, sister, child or grandchild of the seaman; or”.

Sub-paragraph 156 (1) (b) (i)—

After “widow”, insert “, the widower”.


SCHEDULE—continued

Sub-section 158 (6)—

After “widow,”, insert “widower,”.

Sub-section 158 (7)—

After “widow,”, insert “widower,”.

Sub-section 161 (1)—

(a) Omit “his wife, or any of his children or step-children,”, substitute “the wife or husband, or any of the children or step-children, of the seaman”.

(b) Omit “his” (third, fourth and fifth occurring), substitute “the seaman’s”.

Re-establishment and Employment Act 1945

Part VI—

Repeal the Part.

Royal Australian Air Force Veterans’ Residences Act 1953

Section 2 (definition of “eligible person”)—

Omit paragraphs (b), (c) and (d), substitute the following paragraphs:

“(b) a former member of the Royal Australian Air Force Nursing Service;

(c) a former member of the Women’s Auxiliary Australian Air Force;

(d) a widow or widower of a person referred to in paragraph (a) or (b);

(e) a widower of a person referred to in paragraph (c); or

(f) a parent of a person referred to in paragraph (a), (b) or (c), being a deceased person who was not legally married at the time of his or her death, if the parent—

(i) is a widow or widower and was, at the time of the person’s appointment to, or enlistment in, the Royal Australian Air Force, the Royal Australian Air Force Nursing Service or the Women’s Auxiliary Australian Air Force, as the case may be, dependent upon the person; or

(ii) has a wife who is, or a husband who is, so incapacitated as to be unable to contribute materially to the support of the parent;”.

Seamen’s Compensation Act 1911

Sub-section 3 (1) (paragraph (c) of the definition of “member of the family”)—

Omit the paragraph, substitute the following paragraph:

“(c) a person of the opposite sex to the seaman who lives with the seaman as the husband or wife of the seaman on a bona fide domestic basis although not legally married to that seaman;”.

Schedule 1 (sub-paragraph (10a) (a))—

Add at the end “or”.

Schedule 1 (sub-paragraph (10a) (b))—

Omit the sub-paragraph.

 

[Minister’s second reading speech made in—

House of Representatives on 17 April 1986

Senate on 2 May 1986]

Overview

The Sex Discrimination (Consequential Amendments) Act 1986 was enacted by the Parliament of Australia to amend various Acts in response to the introduction of the Sex Discrimination Act 1984. This legislation aimed to address gender discrimination by updating definitions and provisions across several statutes to reflect the principles of equality and non-discrimination. The Act ensures that laws and policies are consistent with the broader anti-discrimination framework established by the Sex Discrimination Act 1984. By amending existing legislation, the Act sought to eliminate discriminatory practices and promote gender equality in areas such as employment, social security, and veterans' benefits.

Scope and Application

The Sex Discrimination (Consequential Amendments) Act 1986 applies to various acts and entities across the Commonwealth of Australia. This legislation was enacted to make specific amendments in consequence of the Sex Discrimination Act 1984, which prohibits discrimination on the basis of sex, marital status, and other related grounds. The Act amends several existing Commonwealth Acts, including the Aged or Disabled Persons Homes Act 1954, the Banking (Transitional Provisions) Act 1959, the Companies Act 1981, the Compensation (Commonwealth Government Employees) Act 1971, the Defence Act 1903, the Delivered Meals Subsidy Act 1970, the Navigation Act 1912, the Re-establishment and Employment Act 1945, the Royal Australian Air Force Veterans’ Residences Act 1953, and the Seamen’s Compensation Act 1911. The amendments aim to remove discriminatory provisions and update terminology to reflect gender neutrality. The Act’s reach is confined to the Commonwealth, thereby affecting federal laws and the entities governed by them. There are no explicit exclusions or thresholds mentioned in the Act, and its application is direct without the need for subordinate instruments.

Key Provisions

The Sex Discrimination (Consequential Amendments) Act 1986 (Act) is a piece of legislation that amends various other Acts to remove discriminatory language and provisions that were based on sex. Section 2 of the Act outlines the specific amendments to the listed Acts in the Schedule. These amendments include changes to the definition of terms such as "aged person," "wife," "dependant," and "member of the family," replacing them with more inclusive terms like "person," "spouse," and "the husband or wife of the seaman." The Schedule also repeals certain sections and parts of the specified Acts that contained discriminatory provisions, such as the retirement age for Reserve Bank officers and the eligibility criteria for certain government employee benefits. The Act imposes obligations on the entities governed by the specified Acts to ensure compliance with the amended provisions. For instance, the Aged or Disabled Persons Homes Act 1954 must now use the term "person" instead of "aged person" when referring to individuals who have attained the age of 60 years. Similarly, the Compensation (Commonwealth Government Employees) Act 1971 must use the term "spouse" instead of "wife" when defining dependants. These amendments require the entities to update their internal policies, procedures, and documentation to reflect the changes in the law. Breach of the amended provisions may result in civil or criminal consequences, depending on the specific Act and the nature of the breach. The maximum penalties for offences under the amended Acts vary, and some may include fines or imprisonment. For example, the Defence Act 1903 carries penalties for breaches related to the removal of discriminatory provisions. It is essential for the entities governed by the amended Acts to ensure compliance with the new provisions to avoid any potential penalties or consequences.

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Human Rights Law
Gender Equality Law
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Commencement Provisions
Repeal & Amendment
Definitions & Interpretation
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.