Document ID: chunk:federal_register_of_legislation:C2004A04472:body:0:p2
Version: federal_register_of_legislation:C2004A04472
Segment Type: other
Provision Reference: 
Character Range: 2682–5558

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 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:

  "(2) The Director has the management of the Agency.".

Functions and powers of Agency

8. Section 10 of the Principal Act is amended by omitting "Director" (wherever occurring) and substituting "Agency".

Directions by Minister

9. Section 11 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:

"(1) The Agency is to exercise its powers and perform its functions in accordance with general instructions given by the Minister in writing.".

Agency to submit reports to Minister

  10. Section 12 of the Principal Act is amended:

    (a) by omitting subsection (1) and substituting the following subsection:

     "(1) The Agency must, as soon as practicable, and in any event within 6 months, after each 31 May, submit to the Minister a report on its operations during the year that ended on that 31 May.";

    (b) by omitting from subsection (2) "Director" (wherever occurring) and substituting "Agency".

11. After section 13 of the Principal Act the following section is inserted:

Agency may waive certain reporting requirements

  "13A. If the Agency is satisfied that:

     (a)     an employer has established an affirmative action program that complies with the requirements of subsection 8(1); and

     (b)    the employer has complied with the other requirements of this Act for a period of at least 3 years;

the Agency may, by written notice given to the employer, waive such of the requirements of section 13 as are specified in the notice.".

Transitional—acts of Director

  12. If:

    (a)     something was done by or in relation to the Director before the amendments made by this Act; and

    (b)     if the amendments had been in force at the time it was done, it would have been required to be done by or in relation to the Agency;

it has effect, after the amendments, as if it had been done by or in relation to the Agency.

SCHEDULE

               CONSEQUENTIAL AMENDMENTS RELATING TO THE DIRECTOR

The following provisions of the Principal Act are amended by omitting "Director" (wherever occurring) and substituting "Agency":

  Subsections 13(2) and 14(1), sections 15, 16, 17, 18, 19, 30 and 31.

  The Principal Act is further amended as follows.

Subsections 32(1) and (2):

Omit "a member of the staff or a consultant assisting the Director", substitute "a member of the staff referred to in section 29 or a consultant engaged under section 30".

Paragraph 32(3)(a):

  Omit "Director", substitute "Agency".

Subsection