Document ID: chunk:federal_register_of_legislation:C2004A04689:section:1992:p12
Version: federal_register_of_legislation:C2004A04689
Segment Type: section
Provision Reference: s 1992 (pt 12/18)
Character Range: 29365–32172

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 25ZAC(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 other case—at the end of the 28th day after the day the determination is registered.".

(2) The amendment made by subsection (1) does not apply to a determination made before the commencement of this section.

Assistance in proceedings before the Federal Court

19. Section 25ZC of the Principal Act is amended by omitting paragraph (1)(a) and substituting the following paragraphs:

     "(aa) has applied or proposes to apply to the Federal Court for leave to apply under section 25ZAB for review of a determination; or

     (a) has applied or proposes to apply to the Court under section 25ZAB for review of a determination; or".

Acting Commissioner

20. Section 36 of the Principal Act is amended by omitting from subsection (1) ", but a person so appointed to act during a vacancy shall not continue so to act for more than 12 months".

PART 5—AMENDMENTS OF THE SEX DISCRIMINATION ACT 1984

Principal Act

21. In this Part, "Principal Act" means the Sex Discrimination Act 19844.

Extent to which Act applies to State instrumentalities

22. Section 13 of the Principal Act is amended by omitting from subsection (2) "28" and substituting "28B".

Discrimination in employment or in superannuation

23. The subsection (4) that was inserted in section 14 of the Principal Act by section 2 of the Human Rights and Equal Opportunity Legislation Amendment Act (No. 2) 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