Document ID: chunk:federal_register_of_legislation:C2022A00085:clause:2_35k
Version: federal_register_of_legislation:C2022A00085
Segment Type: clause
Provision Reference: sch 2 cl 35K
Character Range: 23620–25482

35K  Enforceable undertakings

Enforceable provision
 (1) Section 47C of the Sex Discrimination Act 1984 is enforceable under Part 6 of the Regulatory Powers Act.
Note 1: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.
Note 2: Section 47C of the Sex Discrimination Act 1984 is the positive duty in relation to sex discrimination.

Authorised persons
 (2) For the purposes of Part 6 of the Regulatory Powers Act, the President is an authorised person in relation to section 47C of the Sex Discrimination Act 1984.
 (3) The President may, in writing, delegate the President's powers and functions under Part 6 of the Regulatory Powers Act in relation to section 47C of the Sex Discrimination Act 1984 to a member of the staff of the Commission who is:
 (a) an SES employee; or
 (b) an acting SES employee; or
 (c) classified as Executive Level 2 or equivalent; or
 (d) acting in a position usually occupied by a member of the staff of the Commission who is so classified.
Note: The expressions SES employee and acting SES employee are defined in the Acts Interpretation Act 1901.

Relevant court
 (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to section 47C of the Sex Discrimination Act 1984:
 (a) the Federal Court;
 (b) the Federal Circuit and Family Court of Australia (Division 2).

Enforceable undertaking may be published on the Commission's website
 (5) The President may publish on the Commission's website an undertaking given in relation to section 47C of the Sex Discrimination Act 1984.

Extension to external Territories
 (6) Part 6 of the Regulatory Powers Act, as that Part applies in relation to section 47C of the Sex Discrimination Act 1984, extends to every external Territory.