Document ID: chunk:federal_register_of_legislation:C2004A04664:schedule:4:p4
Version: federal_register_of_legislation:C2004A04664
Segment Type: schedule
Provision Reference: sch 4 (pt 4/13)
Character Range: 23895–26837

is amended:

     (a) by omitting from subsection (5) "Chairman" and substituting "President";

  (b) by omitting subsection (8) and substituting the following subsection:

     "(8) In this section, 'President' does not include an acting President.".

Acting President

38. Section 4A of the Principal Act is amended by omitting from subsections (1), (3), (4) and (5) "Chairman" (wherever occurring) and substituting "President".

Disclosure of interest by Tribunal members

39. Section 4B of the Principal Act is amended by omitting "Chairman" (wherever occurring) and substituting "President".

Functions of Tribunal

40. Section 5 of the Principal Act is amended by adding at the end the following subsection:

"(3) In providing advice under subsection (2) in relation to the terms and conditions as to remuneration on which principal executive offices are to be held, the Tribunal must have regard to the superannuation entitlements of the holders of those offices.".

Inquiries and reports by Tribunal

41. Section 6 of the Principal Act is amended by omitting from paragraph (3)(b) "Chairman" and substituting "President".

Inquiries and determinations by Tribunal

42. Section 7 of the Principal Act is amended by omitting from paragraph (4)(b) "Chairman" and substituting "President".

Insertion of new sections

43. After section 8A of the Principal Act the following sections are inserted:

Hearings in relation to discriminatory determinations

"8B.(1) If a determination is referred to the Tribunal under section 50C of the Sex Discrimination Act 1984, the Tribunal must hold a hearing to review the determination.

"(2) Section 10 applies to the hearing as if it were a meeting of the Tribunal.

"(3) The Tribunal must decide whether or not the hearing is to be held in public.

"(4) If the Tribunal decides that the hearing is not to be held in public, then, subject to subsection (5), it may decide the people who may be present.

"(5) The Sex Discrimination Commissioner is entitled to notice of, and to be present at, the hearing and may make submissions to the Tribunal.

  "(6) In this section:

'determination' includes a variation to a determination.

Review of discriminatory determinations

  "8C.(1) If:

     (a) a determination has been referred to the Tribunal under section 50C of the Sex Discrimination Act 1984; and

     (b) the Tribunal considers that the determination is a discriminatory determination;

the Tribunal must take the necessary action to remove the discrimination, by setting aside the determination, setting aside terms of the determination or varying the determination.

  "(2) In this section:

'determination' has the same meaning as in section 8B;

'discriminatory determination' means a determination that:

    (a) has been referred to the Tribunal under section 50C of the Sex Discrimination Act 1984; and

    (b) requires a person to do an act that would be unlawful under Part II of