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Sex Discrimination and other Legislation
Amendment Act 1992

No. 179 of 1992

An Act to amend the law relating to human rights and equal opportunity

[Assented to 16 December 1992]

  The Parliament of Australia enacts:

Short title

1. This Act may be cited as the Sex Discrimination and other Legislation Amendment Act 1992.

Commencement

2.(1) Subject to subsection (2), this Act commences on the 28th day after it receives the Royal Assent.

(2) An amendment of a provision of the Disability Discrimination Act 1992 commences:

  (a)     on the 28th day after this Act receives the Royal Assent; or

    (b)     on the commencement of the relevant provision of the Disability Discrimination Act 1992;

whichever is later.

Amendment of Acts

3. The Acts specified in the Schedule are amended as set out in the Schedule.

Application of amendments

4.(1) An amendment relating to the enforcement of determinations as if they were orders of the Federal Court does not apply to:

    (a)     a determination made before the commencement of the amendment; or

    (b)     a determination made after the commencement of the amendment in respect of a representative complaint lodged before the commencement of the amendment.

(2) An amendment relating to the review and enforcement of determinations involving Commonwealth agencies does not apply to:

     (a)     a determination made before the commencement of the amendment; or

     (b)     a determination made after the commencement of the amendment in respect of a representative complaint lodged before the commencement of the amendment.

(3)     An amendment relating to representative complaints does not apply to complaints lodged before the commencement of the amendment.

(4)     The amendments relating to the review of discriminatory awards by the Australian Industrial Relations Commission:

     (a)     subject to paragraph (b), do not apply to awards made before the commencement of this Act; and

     (b)     extend to variations made after the commencement of this Act to awards made before the commencement of this Act.

SCHEDULE Section 3

AMENDMENT OF ACTS

Disability Discrimination Act 1992

Subsection 4(1):

  Insert:

" 'class member', in relation to a representative complaint, means any of the persons on whose behalf the complaint was lodged, but does not include a person who has withdrawn under section 90A;

'Commonwealth agency' means an agency within the meaning of the Privacy Act 1988;

'principal executive', in relation to a Commonwealth agency, has the same meaning as in Part V of the Privacy Act 1988;".

Subsection 4(1) (definition of "representative complaint"):

  Omit the definition, substitute:

" 'representative complaint' means a complaint where the persons on whose behalf the complaint was made include persons other than the complainant, but does not include:

    (a)     a complaint made under paragraph 69(1)(c) on behalf of only one person; or

    (b)     a complaint