Document ID: chunk:federal_register_of_legislation:C2004A04470:body:0:p7
Version: federal_register_of_legislation:C2004A04470
Segment Type: other
Provision Reference: 
Character Range: 15849–18683

Commission refusing to include such a declaration in a determination to which this Division applies.

"(2) A Commonwealth agency, or the principal executive of a Commonwealth agency, may not apply for review without the permission of the Minister.

"(3) In exercising powers in relation to an application under subsection (1), the Tribunal must be constituted by a presidential member who is a Judge and 2 other members who are not Judges. This subsection has effect subject to subsection 21(1A) of the Administrative Appeals Tribunal Act 1975.

"(4) Terms used in subsection (3) that are also used in the Administrative Appeals Tribunal Act 1975 have the same meanings as in that Act.

Enforcement of determination against Commonwealth agency

"106F.(1) If a Commonwealth agency fails to comply with section 106B, an application may be made to the Federal Court for an order directing the agency to comply.

"(2) If the principal executive of a Commonwealth agency fails to comply with section 106C, an application may be made to the Federal Court for an order directing the principal executive to comply.

"(3) The application may be made by the Commission or by the complainant. In the case of a representative complaint, 'complainant' means a class member.

"(4) On an application under this section, the Federal Court may make such other orders as it thinks fit with a view to securing compliance by the respondent.

"(5) An application may not be made under this section in relation to a determination under section 103 until:

    (a)     the time has expired for making an application under section 106E for review of the determination; or

    (b)     if such an application is made, the decision of the Administrative Appeals Tribunal on the application has come into operation.".
SCHEDULE—continued

    Human Rights and Equal Opportunity Commission Act 1986

Before section 20:

  Insert the following section in Division 3 of Part II:

Division applies to victimisation offences

"19A. In this Division, a reference to an act or practice that is inconsistent with or contrary to any human right includes a reference to an act that is an offence under subsection 26(2).".

After subsection 30(1):

  Insert:

"(1A) In this Division, a reference to an act or practice that constitutes discrimination includes a reference to an act that is an offence under subsection 26(2).".

Industrial Relations Act 1988

After paragraph 45(1)(ec):

  Insert:

      "(ed) a decision of the Commission to vary, or not to vary, an award that has been referred to the Commission under section 50A of the Sex Discrimination Act 1984;".

After paragraph 45(3)(ba):

  Insert:

      "(bb) in the case of an appeal under paragraph (1)(ed)—by a party to the review of the award under section 111A;".

After section 111:

  Insert:

Hearings in