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Affirmative Action (Equal Employment Opportunity for Women) Amendment Act 1992

No. 181 of 1992

     An Act to amend the Affirmative Action (Equal Employment Opportunity for Women) Act 1986

[Assented to 16 December 1992]

  The Parliament of Australia enacts:

Short title etc.

1.(1) This Act may be cited as the Affirmative Action (Equal Employment Opportunity for Women) Amendment Act 1992.

(2) In this Act, "Principal Act" means the Affirmative Action (Equal Employment Opportunity for Women) Act 19861.

Commencement

2. This Act commences on the day on which it receives the Royal Assent.

Long title

3. The long title to the Principal Act is amended by inserting "the Affirmative Action Agency and" after "establish".

Interpretation

  4. Section 3 of the Principal Act is amended:

   (a) by inserting in subsection (1) the following definition:

     "'Agency' means the Affirmative Action Agency;";

    (b) by omitting from subsection (1) the definition of "employer" and substituting the following definition:

     "'employer' means an individual, or a body or association (whether incorporated or not), that employs an individual:

         (a)     under a contract of service, whether on a full-time, part-time, casual or temporary basis; or

       (b)     under a contract for services; or

       (c)     as described in subsection (5) or (6);";

    (c)     by omitting from the definition of "relevant employer" in subsection (1) ", an authority or a voluntary body" and substituting "or an authority";

    (d)    by omitting from subsection (1) the definition of "voluntary body";

  (e)     by adding at the end the following subsections:

     "(5) For the purposes of this Act, an elected trade union official is taken to be employed by the trade union, and not by any other employer, and this subsection has effect even if the rules of the trade union have an effect contrary to this subsection, or do not deal with the question at all.

     "(6) For the purposes of this Act, during any time when a Group Training Scheme:

         (a)     is receiving funding support from the Commonwealth Government; and

         (b)     has placed a trainee in employment with a host employer; and

         (c)     pays the trainee, and receives payments from the host employer, for the services rendered by the trainee to the host employer;

     the trainee is taken to be employed by the Scheme and not by the host employer.".

Heading to Part III

5. The heading to Part III of the Principal Act is repealed, and the following heading is substituted:

"PART III—THE AFFIRMATIVE ACTION AGENCY".

6. Before section 9 of the Principal Act the following section is inserted in Part III:

Affirmative Action Agency

  "8A.(1) The Affirmative Action Agency is established.

"(2) The Agency consists of the Director of Affirmative Action and the staff referred to in section 29.".

Director

7. Section 9