Federal Register of Legislation - Australian Government

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Act No. 30 of 1989 as made
An Act to amend the Affirmative Action (Equal Employment Opportunity for Women) Act 1986
Date of Assent 24 May 1989
Date of repeal 10 Dec 2015
Repealed by Amending Acts 1980 to 1989 Repeal Act 2015
 

AFFIRMATIVE ACTION (EQUAL EMPLOYMENT OPPORTUNITY FOR WOMEN) AMENDMENT ACT 1989 No. 30, 1989

AFFIRMATIVE ACTION (EQUAL EMPLOYMENT OPPORTUNITY FOR WOMEN) AMENDMENT ACT 1989 No. 30 of 1989 - LONG TITLE

An Act to amend the Affirmative Action (Equal Employment Opportunity for Women)
Act 1986

AFFIRMATIVE ACTION (EQUAL EMPLOYMENT OPPORTUNITY FOR WOMEN) AMENDMENT ACT 1989 No. 30 of 1989 - SECT 1
Short title etc.

(Assented to 24 May 1989) 1. (1) This Act may be cited as the Affirmative Action (Equal Employment Opportunity for Women) Amendment Act 1989.

(2) In this Act, "Principal Act" means the Affirmative Action (Equal Employment Opportunity for Women) Act 1986*1*.

(Minister's second reading speech made in-
House of Representatives on 2 March 1989
Senate on 4 April 1989)
*1* No. 91, 1986, as amended. For previous amendment, see No. 80, 1988.

AFFIRMATIVE ACTION (EQUAL EMPLOYMENT OPPORTUNITY FOR WOMEN) AMENDMENT ACT 1989 No. 30 of 1989 - SECT 2
Commencement

2. This Act commences on the day on which it receives the Royal Assent.

AFFIRMATIVE ACTION (EQUAL EMPLOYMENT OPPORTUNITY FOR WOMEN) AMENDMENT ACT 1989 No. 30 of 1989 - SECT 3
Interpretation

3. Section 3 of the Principal Act is amended by inserting in subsection (1) the following definition:
" 'amalgamated institution' means a higher education institution established after 31 December 1988 by the amalgamation of 2 or more institutions at least one of which was, immediately before the amalgamation, a higher education institution and a relevant employer;".

AFFIRMATIVE ACTION (EQUAL EMPLOYMENT OPPORTUNITY FOR WOMEN) AMENDMENT ACT 1989 No. 30 of 1989 - SECT 4
Timing for development etc. of affirmative action program

4. Section 7 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:

"(2) For the purposes of subsection 6 (2), the operative day for a relevant employer is:
(a) where the relevant employer is a higher education institution:
(i) if the institution became a relevant employer in 1986-
1 August 1987;
(ii) if the institution became a relevant employer in 1987-
1 August 1988;
(iii) if the institution is an amalgamated institution-the day the
institution is established; or
(iv) if subparagraphs (i), (ii) and (iii) do not apply-1 January in the
calendar year following the calendar year during which the institution became or becomes a relevant employer; and
(b) in any other case-1 February in the calendar year following the calendar year during which the employer became or becomes a relevant employer.".

AFFIRMATIVE ACTION (EQUAL EMPLOYMENT OPPORTUNITY FOR WOMEN) AMENDMENT ACT 1989 No. 30 of 1989 - SECT 5
Public Reports

5. Section 13 of the Principal Act is amended:
(a) by omitting subsection (1) and substituting the following subsections:

"(1) In this section:
'first report', in relation to a relevant
employer, means a public report on the initial
development and implementation of the employer's
affirmative action program;
'subsequent report', in relation to a relevant
employer, means a public report, other than the
first report, on the development and
implementation of the employer's affirmative
action program.

"(1A) A relevant employer, being a higher
education institution that became a relevant
employer in 1987, shall prepare a first report in
respect of the period commencing on 1 August 1988
and ending at the end of 31 December 1989.

"(1B) A relevant employer, being an
amalgamated institution that became or becomes a
relevant employer on a day other than 1 January,
shall prepare a first report in respect of the
period commencing on the operative day for the
relevant employer and ending at the end of the
calendar year following the calendar year during
which the institution became or becomes a
relevant employer.

"(1C) A relevant employer, other than a
relevant employer to whom subsection (1A) or (1B)
applies, shall prepare a first report in respect
of the period of 12 months commencing on the
operative day for the relevant employer.

"(1D) A relevant employer, being a higher
education institution that was a relevant
employer on the commencement of this Act, shall
prepare a subsequent report:
(a) in respect of the period commencing on 1
October 1988 and ending at the end of 31 December
1989; and
(b) in respect of each subsequent calendar
year.

"(1E) A relevant employer, being a higher
education institution that became a relevant
employer after the commencement of this Act and
before 1 January 1987, shall prepare a subsequent
report:
(a) in respect of the period commencing on 1
August 1988 and ending at the end of 31 December
1989; and
(b) in respect of each subsequent calendar
year.

"(1F) A relevant employer, being a higher
education institution that became a relevant
employer in 1987, shall prepare a subsequent
report:
(a) in respect of the year commencing on 1
January 1990; and
(b) in respect of each subsequent calendar
year.

"(1G) A relevant employer that is an
amalgamated institution shall prepare a
subsequent report in respect of each calendar
year subsequent to the period in respect of which
its first report was prepared.

"(1H) A relevant employer, other than a
relevant employer to whom subsection (1D), (1E),
(1F) or (1G) applies, shall prepare a subsequent
report in respect of each period of 12 months
commencing on the anniversary of the operative
day in respect of the relevant employer.

"(1J) Where:
(a) an institution has ceased to exist because
it has been amalgamated with one or more
institutions to establish an amalgamated
institution; and
(b) immediately before the amalgamation the
first-mentioned institution was a relevant
employer;
the amalgamated institution shall cause to be
prepared a report on the development and
implementation of the affirmative action program
of the first-mentioned institution in respect of
the period commencing:
(c) if paragraph (d) does not apply-at the
commencement of the period immediately following
the period in respect of which the
first-mentioned institution last prepared a
report under this section; or
(d) if the first-mentioned institution had not
prepared any report under this section-on the
operative day for the first-mentioned
institution;
and ending at the end of the day on which the
first-mentioned institution ceased to exist.";
(b) by omitting from subsection (2) "public report" and substituting "report under this section";
(c) by omitting from subsection (3) "public report under subsection (1)" and substituting "report under this section".