EXPLANATORY STATEMENT
Sex Discrimination (Operation of Legislation) (No. 2) Regulations
Statutory Rules 1986 No 192.
Issued by the Authority of the Attorney-General
These regulations, made under section 116 of the Sex Discrimination Act 1984, continue, for limited periods after the expiration of 2 years after the commencement of the Act, the application of paragraphs 40(1)(a) and 40(1)(b) of the Act in relation to certain Commonwealth State and Territory legislation.
Section 116 of the Act provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters that are 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.
Divisions 1 and 2 of the Act provide that it is unlawful to discriminate against a person on the ground of sex, marital status or pregnancy in certain areas of activity. Paragraphs 40(1)(a) and 40(1)(b) in Division 4 of Part II of the Act are exemption provisions which provide that nothing in Division 1 or 2 of Part II affects anything done by a person in direct compliance with -
(a) any other Act, any State Act, or any law of a Territory in force at the date of commencement of the Sex Discrimination Act 1984; or
(b) a regulation, rule, by-law, determination or direction in force at the date of commencement of the Sex Discrimination Act 1984,
Sub-section 40(2) provides that, except to the extent that regulations made for the purposes of sub-section 40(2) otherwise provide, paragraphs 40(1)(a) and 40(1) (a) shall cease to be in force at the expiration of 2 years after the commencement of the Act. The date of the commencement of the Act was 1 August 1984. Sub-section 40(3) provides that regulations made for the purposes of sub-section 40(2) may make provision in relation to the application of paragraphs 40(1)(a) and 40(1)(b) either generally or in relation to specified legislation.
Proposed regulations 1 and 2 respectively provide for the citation of the Regulations and the Interpretation provision.
Proposed regulation 3 will provide that paragraph 40(1)(a) of the Act will remain in force until 31 January 1987 in relation to -
(a) the Commonwealth Acts specified in Schedule 1;
(b) all Acts of the State of Victoria (other than those specified in Part II of Schedule 2);
(c) all Acts of the State of Western Australia (other than those specified in Part II of Schedule 2); and
(d) the Police Regulation Act 1898, the Prison Act 1977, the Public Servants’ Retiring and Death Allowances Act 1925, the Retirement Benefits Act 1982 and the State Employees (Long-Service Leave) Act 1950 of the State of Tasmania.
Proposed regulation 3 will also provide that paragraph 40(1)(a) of the Act will remain in force until 31 July 1987 in relation to -
(a) the Commonwealth Acts specified in Part I of Schedule 2;
(b) the Acts of the States of New South Wales, Victoria, Queensland, Western Australia, and Tasmania specified in Part II of Schedule 2; and
(c) all laws in force in the Australian Capital Territory under section 6 of the Seat of Government Acceptance Act 1909.
Proposed regulation 4 will provide that the exemption in paragraph 40(1)(b) of the Act will remain in force until 31 January 1987 in relation to all regulations, rules, by-laws, determinations or directions in force at the commencement of the Act made under all Acts of the States of Victoria and Western Australia except for the Acts of those States specified in Part II of Schedule 2, or made under the Acts of the State of Tasmania specified above.
Proposed regulation 4 will also provide that the exemption under paragraph 40(1)(b) of the Act will remain in force until 31 July 1987 in relation to all regulations, rules, by-laws, determinations or directions in force at the commencement of the Act made under the legislation specified in Schedule 2 and in relation to the regulations in force at the commencement of
the Act, being regulations made under the Industrial Safety, Health and Welfare Act 1981 of the State of Victoria and continued in operation by virtue of paragraph 3(2)(b) of the Occupational Health and Safety Act 1985 of the State of Victoria.
| Authority: | Section 116 of the Sex Discrimination Act 1984 |