Document ID: chunk:federal_register_of_legislation:C2004A04689:section:1992:p13
Version: federal_register_of_legislation:C2004A04689
Segment Type: section
Provision Reference: s 1992 (pt 13/18)
Character Range: 31915–34693

1992:

  (a) is renumbered as subsection (3A);

     (b) is relocated so that it appears after subsection 14(3) of the Principal Act.

Delaying commencement of new sections 41, 41A and 41B

24. Despite subsection 2(2) of the Sex Discrimination Amendment Act 1991, section 9 of that Act (which inserts new sections 41, 41A and 41B in the Sex Discrimination Act 1984):

  (a) is taken not to have commenced on 25 June 1993; and

  (b) instead commences on 1 July 1994.

Registered determination has effect as an order of the Federal Court

25.(1) Section 82B of the Principal Act is amended by omitting subsections (3), (4), (5) and (6) and substituting the following subsections:

"(3) No action to enforce the determination may be taken before the end of the normal application and review period.

"(4) In the case of a determination under section 81, a failure by the respondent, during the normal application and review period, to comply with a positive requirement of the determination is not a contravention of the determination.

"(5) The respondent to a registered determination may apply to the Federal Court for review of the determination.

"(6) Subject to subsection (7), the respondent's application for review must be made before the end of 28 days after the day the determination is registered.

"(7) After those 28 days, the respondent may apply for review only with the leave of the Federal Court. The Court may grant leave only in exceptional circumstances.

"(8) If the Court grants leave, it may make one or more of the following orders:

     (a) an order prohibiting action, or further action, to enforce the determination during a specified period ending no later than when proceedings on the review are completed or otherwise terminated;

     (b) an order staying, for such a period, action to enforce the determination that has already begun;

     (c) an order that failure to comply, during such a period, with specified positive requirements of the determination is not a contravention of the determination;

     (d) an order that a past failure to comply, during such a period, with such requirements is taken never to have been such a contravention.

  "(9) The Court may make an order under subsection (8):

  (a) on such conditions, if any, as it thinks fit; and

  (b) whether or not it also makes an order under subsection 82C(3).

"(10) The Federal Court may vary or revoke an order under subsection (8).

  "(11) In this section:

'normal application and review period' means the period starting when the determination is registered and finishing:

     (a) if the respondent applies in accordance with subsection (6) for a review of the determination—when proceedings on the review are completed or otherwise terminated; or

     (b) in any