Document ID: chunk:federal_register_of_legislation:C2004A03367:body:0:p27
Version: federal_register_of_legislation:C2004A03367
Segment Type: other
Provision Reference: 
Character Range: 65940–68751

members are legally qualified persons—
        (i) if one of those persons is the President—the President shall preside; or
        (ii) in any other case—those members shall elect one of those persons to preside.".

Making of interim determination
42. Section 80 of the Principal Act is amended by omitting from sub-section (1) "Chairman" (wherever occurring) and substituting "President".

Particulars of complaints not to be communicated
43. Section 92 of the Principal Act is amended by omitting from paragraph (2) (b) "to an authority of a State in accordance with an arrangement in force under section 11 of the Human Rights Commission Act 1981;" and substituting "to any person in accordance with an arrangement in force under section 16 of the Human Rights and Equal Opportunity Commission Act 1986;".

Terms and conditions of appointment
44. (1) Section 97 of the Principal Act is amended by omitting from sub-section (1) "5 years" and substituting "7 years".
(2) The amendment made by sub-section (1) does not affect the appointment, or the term of office, of the person who, immediately before the commencement of this section, held office as the Sex Discrimination Commissioner.

Non-disclosure of private information
45. Section 112 of the Principal Act is amended—
     (a) by omitting the penalty at the end of sub-section (1) and substituting the following penalty:
        "Penalty: $5,000 or imprisonment for 1 year, or both."; and
     (b) by omitting sub-section (3) and substituting the following sub-sections:
        "(3) Nothing in this section prohibits a person from—
          (a) making a record of information that is, or is included in a class of information that is, required or permitted by an Act to be recorded, if the record is made for the purposes of or pursuant to that Act;
          (b) divulging or communicating information, or producing a document, to any person in accordance with an arrangement in force under section 16 of the Human Rights and Equal Opportunity Commission Act 1986; or
          (c) divulging or communicating information, or producing a document, that is, or is included in a class of information that is or class of documents that are, required or permitted by an Act to be divulged, communicated or produced, as the case may be, if the information is divulged or communicated, or the document is produced, for the purposes of or pursuant to that Act.
    "(3a) Nothing in sub-section (2) prevents a person from being required, for the purposes of or pursuant to an Act, to divulge or communicate information, or to produce a document, that is, or is included in a class of information that is or class of documents that are, required or permitted by that Act to be divulged, communicated or produced.".

Operation of Sex Discrimination Act
46.