Sex Discrimination (Operation of Legislation) (No. 2) Regulations

Overview

The Sex Discrimination (Operation of Legislation) (No. 2) Regulations 1986 were enacted under the authority of section 116 of the Sex Discrimination Act 1984, aiming to address the issue of how certain Commonwealth, state, and territory laws that were in force at the time of the Act's commencement would interact with the new anti-discrimination provisions. The regulations extend the application of the exemption provisions in paragraphs 40(1)(a) and 40(1)(b) of the Act, which allow for compliance with other legislation and regulations in place at the Act's commencement, for limited periods after the initial two-year period. This was enacted to ensure a smooth transition and to avoid immediate conflicts with existing laws while still progressing towards the Act's policy objective of eliminating sex discrimination. The regulations were issued by the authority of the Attorney-General and were designed to manage the complexities of implementing new anti-discrimination laws without causing abrupt disruptions to existing legislative frameworks. By extending the exemption periods for certain laws, the regulations seek to balance the need for progressive change with the practicalities of legal coherence and stability.

Scope and Application

The Sex Discrimination (Operation of Legislation) (No. 2) Regulations, made under section 116 of the Sex Discrimination Act 1984, pertain to the continued application of certain exemption provisions of the Act after a period of two years from its commencement. These regulations address the application of paragraphs 40(1)(a) and 40(1)(b) of the Act, which provide exemptions for actions taken in direct compliance with other legislation or regulations in force at the time of the Act’s commencement. The regulations are designed to ensure a smooth transition and avoid immediate conflicts with existing laws by extending the timeframe for these exemptions. They apply to specific Commonwealth, state, and territory legislation, as well as regulations and other instruments, ensuring that these pre-existing laws continue to operate without immediate contradiction to the Sex Discrimination Act 1984. The regulations specify the duration of these exemptions, setting different end dates for various categories of legislation, and are detailed in the schedules attached to the regulations.

Key Provisions

The Sex Discrimination (Operation of Legislation) (No. 2) Regulations 1986 (No. 192), made under section 116 of the Sex Discrimination Act 1984, extend the application of certain exemption provisions for a limited period after the initial two-year period following the Act's commencement. Specifically, Regulation 3 extends the exemption in paragraph 40(1)(a) of the Act until 31 January 1987 for specified Commonwealth Acts, State Acts of Victoria and Western Australia, and certain Tasmanian Acts. This exemption allows compliance with these laws to continue without contravening the Sex Discrimination Act 1984. Regulation 4 extends the exemption in paragraph 40(1)(b) of the Act until 31 January 1987 for regulations, rules, by-laws, determinations or directions made under the Acts of Victoria and Western Australia, and until 31 July 1987 for those made under specified Tasmanian Acts and certain Victorian occupational health and safety regulations. These regulations impose obligations on parties and entities governed by the Sex Discrimination Act 1984 to ensure compliance with the specified laws without violating the Act's anti-discrimination provisions. Specifically, entities and individuals must adhere to the conditions set out in the regulations to maintain compliance with both the Sex Discrimination Act and the specified Commonwealth, State, and Territory laws. This includes ensuring that any actions taken under these laws do not result in discrimination on the grounds of sex, marital status, or pregnancy, unless explicitly allowed by the extended exemption provisions. Breaching the provisions of these regulations can result in legal consequences. While the explanatory statement does not specify detailed penalties, penalties for breaches of the Sex Discrimination Act 1984 generally include fines and potential imprisonment for serious offences. For instance, under section 47 of the Act, individuals found guilty of unlawful discrimination can be subject to penalties, with maximum fines and imprisonment terms varying based on the nature and severity of the offence. Civil remedies are also available for victims of discrimination, allowing them to seek compensation for losses suffered due to discriminatory practices. The precise penalties would depend on the specific circumstances and the severity of the breach, as outlined in the Act.