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Workplace Gender Equality Act 2012

Authoritative Version
Act No. 91 of 1986 as amended, taking into account amendments up to Territories Legislation Amendment Act 2016
An Act to require certain employers to promote gender equality in the workplace, to establish the Workplace Gender Equality Agency and the office of the Director of Workplace Gender Equality, and for related purposes
Administered by: Employment
Registered 25 Jul 2016
Start Date 01 Jul 2016

Workplace Gender Equality Act 2012

No. 91, 1986

Compilation No. 20

Compilation date:                              1 July 2016

Includes amendments up to:            Act No. 33, 2016

Registered:                                         25 July 2016

 

About this compilation

This compilation

This is a compilation of the Workplace Gender Equality Act 2012 that shows the text of the law as amended and in force on 1 July 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part I—Preliminary                                                                                                              1

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

2A......... Objects of Act..................................................................................... 1

2B......... Simplified outline................................................................................ 2

3............ Interpretation....................................................................................... 3

5............ Application of Act............................................................................... 7

5A......... Application of Criminal Code............................................................. 9

Part III—Workplace Gender Equality Agency                                                10

8A......... Workplace Gender Equality Agency................................................. 10

9............ Director............................................................................................. 10

10.......... Functions and powers of Agency..................................................... 10

11.......... Directions by Minister...................................................................... 11

12.......... Agency to submit reports to Minister................................................ 12

Part IV—Reports by relevant employers                                                              13

13.......... Relevant employers to prepare reports relating to gender equality indicators            13

13A....... Reporting periods for reports............................................................ 13

13B....... When public reports are due.............................................................. 14

13C....... Personal information......................................................................... 14

14.......... Information relating to remuneration................................................. 15

14A....... Information of a kind specified by the Minister................................ 15

15.......... Agency’s use of public report........................................................... 16

16.......... Relevant employer to make public reports accessible to employees and shareholders etc.        16

16A....... Relevant employer to inform employee organisations of lodgement of public report               17

16B....... Relevant employer to inform employees and employee organisations of the opportunity to comment     17

17.......... Agency may grant extensions........................................................... 18

Part IVA—Reviewing compliance with this Act and consequences of non‑compliance                19

18.......... Simplified outline.............................................................................. 19

19.......... Minister will set minimum standards in relation to gender equality indicators          20

19A....... Agency may review compliance with Act......................................... 20

19B....... Relevant employer fails to comply with Act if employer gives false or misleading information               21

19C....... Relevant employer fails to comply with Act if employer fails to improve against minimum standard      21

19D....... Consequences of non‑compliance with Act...................................... 22

19E........ Agency to offer relevant employers advice and assistance if employers fail to meet minimum standards                23

Part V—Director of Workplace Gender Equality                                          24

20.......... Appointment of Director................................................................... 24

21.......... Tenure of Director............................................................................. 24

22.......... Remuneration and allowances........................................................... 24

23.......... Leave of absence............................................................................... 24

24.......... Outside employment......................................................................... 24

25.......... Resignation....................................................................................... 25

26.......... Termination of appointment.............................................................. 25

27.......... Disclosure of interest........................................................................ 25

28.......... Acting appointment........................................................................... 26

Part VI—Miscellaneous                                                                                                    28

29.......... Staff.................................................................................................. 28

30.......... Consultants....................................................................................... 28

31.......... Advisory committees........................................................................ 28

32.......... Non‑disclosure of confidential information....................................... 29

33.......... Delegation......................................................................................... 31

33A....... Minister to consult before making legislative instruments................. 32

34.......... Regulations....................................................................................... 32

Endnotes                                                                                                                                    33

Endnote 1—About the endnotes                                                                            33

Endnote 2—Abbreviation key                                                                                35

Endnote 3—Legislation history                                                                             36

Endnote 4—Amendment history                                                                           42

 


An Act to require certain employers to promote gender equality in the workplace, to establish the Workplace Gender Equality Agency and the office of the Director of Workplace Gender Equality, and for related purposes

Part IPreliminary

  

1  Short title

                   This Act may be cited as the Workplace Gender Equality Act 2012.

2  Commencement

                   This Act shall come into operation on a day to be fixed by Proclamation.

2A  Objects of Act

                   The principal objects of this Act are:

                     (a)  to promote and improve gender equality (including equal remuneration between women and men) in employment and in the workplace; and

                     (b)  to support employers to remove barriers to the full and equal participation of women in the workforce, in recognition of the disadvantaged position of women in relation to employment matters; and

                     (c)  to promote, amongst employers, the elimination of discrimination on the basis of gender in relation to employment matters (including in relation to family and caring responsibilities); and

                     (d)  to foster workplace consultation between employers and employees on issues concerning gender equality in employment and in the workplace; and

                     (e)  to improve the productivity and competitiveness of Australian business through the advancement of gender equality in employment and in the workplace.

2B  Simplified outline

                   The following is a simplified outline of this Act:

•      This Act requires various employers (relevant employers) to lodge reports each year containing information relating to various gender equality indicators (for example, equal remuneration between women and men).

•      Those reports are available to the public, subject to some exceptions for information that is personal information, information relating to remuneration and information of a kind specified by the Minister.

•      There is a Workplace Gender Equality Agency. Its functions include advising and assisting employers in promoting and improving gender equality in the workplace and undertaking research and programs for the purpose of promoting and improving gender equality in the workplace.

•      There is a Director of Workplace Gender Equality, who manages the Agency.

•      The Agency may review a relevant employer’s compliance with this Act by seeking further information from the employer.

•      If a relevant employer fails to comply with this Act, the Agency may name the employer in a report given to the Minister or by electronic or other means (for example, on the Agency’s website or in a newspaper).

3  Interpretation

             (1)  In this Act, unless the contrary intention appears:

Agency means the Workplace Gender Equality Agency.

appoint includes re‑appoint.

authority means:

                     (a)  a body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory, other than a registered higher education provider;

                     (b)  the holder of an office established for a public purpose by or under a law of the Commonwealth or of a State or Territory; and

                     (c)  an incorporated company over which the Commonwealth, a State, a Territory or a body referred to in paragraph (a) is in a position to exercise control.

Director means the Director of Workplace Gender Equality.

discrimination means discrimination as defined in section 5, 6, 7, 7AA or 7A of the Sex Discrimination Act 1984.

employee organisation has the same meaning as in the Fair Work Act 2009.

employer means an individual, or a body or association (whether incorporated or not), that employs an individual:

                     (a)  under a contract of service, whether on a full‑time, part‑time, casual or temporary basis; or

                     (b)  under a contract for services; or

                     (c)  as described in subsection (5) or (6).

employment matters includes the following:

                     (a)  the recruitment procedure, and selection criteria, for appointment or engagement of persons as employees;

                     (b)  the promotion, transfer and termination of employment of employees;

                     (c)  training and development for employees;

                     (d)  work organisation, including flexible working arrangements;

                     (e)  conditions of service of employees, including equal remuneration between women and men;

                      (f)  arrangements for dealing with sex‑based harassment of employees in the workplace;

                     (g)  arrangements for dealing with pregnant, or potentially pregnant employees and employees who are breastfeeding their children;

                     (h)  arrangements relating to employees with family or caring responsibilities.

gender equality indicators means the following:

                     (a)  gender composition of the workforce;

                     (b)  gender composition of governing bodies of relevant employers;

                     (c)  equal remuneration between women and men;

                     (d)  availability and utility of employment terms, conditions and practices relating to flexible working arrangements for employees and to working arrangements supporting employees with family or caring responsibilities;

                     (e)  consultation with employees on issues concerning gender equality in the workplace;

                      (f)  any other matters specified in an instrument under subsection (1A).

governing body of a relevant employer means the board of directors, trustees, committee of management, council or other governing authority of the employer.

man means a member of the male sex irrespective of age.

minimum standard means a standard set by an instrument in force under section 19.

personal information has the same meaning as in the Privacy Act 1988.

potentially pregnant has the meaning given by section 4B of the Sex Discrimination Act 1984.

public report means a public report referred to in section 13.

registered higher education provider means a person or body that is a registered higher education provider for the purposes of the Tertiary Education Quality and Standards Agency Act 2011.

Note:          This definition includes bodies taken to be registered higher education providers for the purposes of that Act by Schedule 3 to the Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional Provisions) Act 2011.

relevant employer means:

                     (a)  a registered higher education provider that is an employer; or

                     (b)  a natural person, or a body or association (whether incorporated or not), being the employer of 100 or more employees in Australia;

but does not include the Commonwealth, a State, a Territory or an authority.

Note:          See also subsection (2A).

reporting period means a period referred to in subsection 13A(2).

woman means a member of the female sex irrespective of age.

          (1A)  The Minister may, by legislative instrument, specify matters for the purposes of paragraph (f) of the definition of gender equality indicators in subsection (1).

Note:          See also section 33A.

          (1B)  The matters specified in an instrument under subsection (1A) may relate to employment matters.

          (1C)  Subsection (1B) does not limit subsection (1A).

          (1D)  An instrument under subsection (1A) has no effect in relation to a reporting period unless it is made before the first day of that period.

             (2)  For the purpose of paragraph (b) of the definition of relevant employer in subsection (1):

                     (a)  a corporation employs a person where the person is employed by another corporation which is a subsidiary of the first‑mentioned corporation; and

                     (b)  the question whether a corporation is a subsidiary of another corporation shall be determined as it would be determined for the purposes of the Corporations Act 2001.

          (2A)  If, at any time, an employer ceases to be a relevant employer because the number of employees of the employer falls below 100, this Act continues to apply to the employer as if the employer were a relevant employer unless and until the number of employees falls below 80.

             (4)  Nothing in this Act shall be taken to require a relevant employer to take any action incompatible with the principle that employment matters should be dealt with on the basis of merit.

             (5)  For the purposes of this Act, an elected employee organisation official is taken to be employed by the employee organisation, and not by any other employer, and this subsection has effect even if the rules of the employee organisation have an effect contrary to this subsection, or do not deal with the question at all.

             (6)  For the purposes of this Act, during any time when a Group Training Scheme:

                     (a)  is receiving funding support from the Commonwealth Government; and

                     (b)  has placed a trainee in employment with a host employer; and

                     (c)  pays the trainee, and receives payments from the host employer, for the services rendered by the trainee to the host employer;

the trainee is taken to be employed by the Scheme and not by the host employer.

5  Application of Act

             (1)  Without prejudice to its effect apart from this section, this Act also has effect as provided by this section.

             (2)  By virtue of this subsection, this Act has the effect it would have if each reference in this Act to employment were, by express provision, confined to employment in connection with trade and commerce:

                     (a)  between Australia and a place outside Australia;

                     (b)  between the States; or

                     (c) within a Territory, between a State and a Territory, or between two Territories.

             (3)  By virtue of this subsection, this Act has the effect it would have if each reference in this Act to employment were, by express provision, confined to employment in connection with the provision of a broadcasting service specified in section 11 of the Broadcasting Services Act 1992.

             (4)  By virtue of this subsection, this Act has the effect it would have to the extent that this Act relates to the collection of statistics.

             (5)  By virtue of this subsection, this Act has the effect it would have if each reference in this Act to employment were, by express provision, confined to employment in connection with the business of banking, other than State banking that does not extend beyond the limits of the State concerned.

             (6)  By virtue of this subsection, this Act has the effect it would have if each reference in this Act to employment were, by express provision, confined to employment in connection with the business of insurance, other than State insurance that does not extend beyond the limits of the State concerned.

             (7)  By virtue of this subsection, this Act has the effect it would have if each reference in this Act to a relevant employer were, by express provision, confined to a relevant employer that is a foreign corporation, or a trading or financial corporation formed within the limits of the Commonwealth.

             (8)  By virtue of this subsection, this Act has the effect it would have if each reference in this Act to employment by a relevant employer were, by express provision, confined to employment by a trading or financial corporation formed within the limits of the Commonwealth, being employment in connection with the trading or financial activities, as the case may be, of that corporation.

             (9)  By virtue of this subsection, this Act has the effect it would have to the extent that this Act is appropriate to give effect to, or carry out the purposes of:

                     (a)  the Convention on the Elimination of all Forms of Discrimination Against Women, done at New York on 18 December 1979 ([1983] ATS 9); or

                     (b)  the ILO Convention (No. 100) concerning Equal Remuneration for Men and Women Workers for Work of Equal Value, done at Geneva on 29 June 1951 ([1975] ATS 45); or

                     (c)  the ILO Convention (No. 111) concerning Discrimination in respect of Employment and Occupation, done at Geneva on 25 June 1958 ([1974] ATS 12); or

                     (d)  the ILO Convention (No. 156) concerning Equal Opportunities and Equal Treatment for Men and Women Workers: Workers with Family Responsibilities, done at Geneva on 23 June 1981 ([1991] ATS 7); or

                     (e)  the International Covenant on Economic, Social and Cultural Rights, done at New York on 16 December 1966 ([1976] ATS 5); or

                      (f)  the Convention on the Rights of the Child, done at New York on 20 November 1989 ([1991] ATS 4).

Note 1:       In 2012, the text of an international agreement in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

Note 2:       For paragraphs (b), (c) and (d): ILO refers to the International Labour Organization.

           (10)  By virtue of this subsection, this Act has the effect it would have if each reference in this Act to employment were, by express provision, confined to employment in a Territory.

           (11)  By virtue of this subsection, this Act has the effect it would have if each reference in this Act to a relevant employer were, by express provision, confined to a relevant employer that is a corporation incorporated in a Territory.

           (12)  In this section, foreign corporation and trading or financial corporation have the same meanings as in paragraph 51(xx) of the Constitution.

5A  Application of Criminal Code

                   Chapter 2 of the Criminal Code applies to all offences against this Act.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Part IIIWorkplace Gender Equality Agency

  

8A  Workplace Gender Equality Agency

             (1)  The Workplace Gender Equality Agency is established.

             (2)  The Agency consists of the Director of Workplace Gender Equality and the staff referred to in section 29.

             (3)  For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):

                     (a)  the Agency is a listed entity; and

                     (b)  the Director of Workplace Gender Equality is the accountable authority of the Agency; and

                     (c)  the persons referred to in subsection (2) are officials of the Agency; and

                     (d)  the purposes of the Agency include the functions of the Agency referred to in section 10.

9  Director

             (1)  There shall be a Director of Workplace Gender Equality.

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

10  Functions and powers of Agency

             (1)  The functions of the Agency are:

                     (a)  to advise and assist employers in promoting and improving gender equality in the workplace; and

                    (aa)  to develop, in consultation with relevant employers and employee organisations, benchmarks in relation to gender equality indicators; and

                     (b)  to issue guidelines to assist relevant employers to achieve the purposes of this Act; and

                     (c)  to review compliance with this Act by relevant employers, to review public reports lodged by relevant employers and to deal with those reports in accordance with this Act; and

                     (d)  to collect and analyse information provided by relevant employers under this Act to assist the Agency to advise the Minister in relation to legislative instruments made under this Act; and

                     (e)  to undertake research, educational programs and other programs for the purpose of promoting and improving gender equality in the workplace; and

                    (ea)  to work with employers to maximise the effectiveness of the administration of this Act, including by minimising the regulatory burden on employers; and

                      (f)  to promote and contribute to understanding and acceptance, and public discussion, of gender equality in the workplace; and

                     (g)  to review the effectiveness of this Act in achieving its purposes; and

                     (h)  to report to the Minister on such matters in relation to gender equality in the workplace as the Agency thinks fit (including a review under paragraph (g)).

Note:          Paragraph (d): see also section 33A.

             (2)  In addition to any other powers conferred on the Agency by this Act, the Agency has power to do all things necessary or convenient to be done for or in connection with the performance of the functions of the Agency.

11  Directions by Minister

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

             (2)  Where the Minister gives a direction under subsection (1), the Minister shall cause a copy of the direction to be laid before each House of the Parliament within 15 sitting days of that House after the direction is given.

12  Agency to submit reports to Minister

             (1)  Despite section 46 of the Public Governance, Performance and Accountability Act 2013, the annual report prepared by the Director for a period for the purposes of that section must be given to the Minister by the last day of the fifth month after the end of the period.

             (2)  The Agency may, from time to time, submit to the Minister:

                     (a)  a report on the operations of the Agency during the period to which the report relates; or

                     (b)  a report in respect of any matter relating to, or connected with, the exercise of the powers, or the performance of the functions, of the Agency under this Act.

          (2A)  The Agency must, as soon as practicable after the end of:

                     (a)  the 2‑year period ending on 31 May 2016; and

                     (b)  each later 2‑year period;

submit to the Minister a report on the progress achieved in relation to the gender equality indicators in that period.

             (3)  Where a report has been submitted to the Minister under this section, the Minister shall cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.

Part IVReports by relevant employers

  

13  Relevant employers to prepare reports relating to gender equality indicators

             (1)  In respect of each reporting period, a relevant employer must prepare a public report in writing containing information relating to the employer and to the gender equality indicators.

Matters that must be included in the report

             (2)  The public report in respect of a reporting period must contain details of the matters specified in an instrument under subsection (3).

             (3)  For the purposes of subsection (2), the Minister must, by legislative instrument, specify matters in relation to each gender equality indicator.

Note:          See also section 33A.

Timing of instrument

             (4)  An instrument under subsection (3) has no effect in relation to a reporting period unless it is made before the first day of that period.

Reports to be signed

             (5)  The public report must be signed by the chief executive officer (however described) of the relevant employer.

13A  Reporting periods for reports

             (1)  A relevant employer must lodge with the Agency public reports in respect of each of the periods set out in this section unless subsection (3) applies to the employer in respect of a reporting period.

Note:          Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.

             (2)  A relevant employer must prepare a public report in respect of the period of 12 months commencing on 1 April 2000 and after that, in respect of each consecutive period of 12 months.

             (3)  If the relevant employer had the status of relevant employer for less than 6 months of a particular reporting period, the employer does not have to comply with an obligation under this section to report in respect of that particular period.

13B  When public reports are due

                   Unless a relevant employer has received an extension of time in which to lodge a report under section 17, the employer must lodge a public report under section 13A within 2 months after the end of the period to which the report relates.

13C  Personal information

             (1)  At the time of lodging a public report under section 13A, a relevant employer must, in writing (either in the report or otherwise), inform the Agency of the information included in the report that is personal information.

             (2)  Subject to subsection (3), that personal information:

                     (a)  must not be published under section 15; and

                     (b)  must not be used in a report under:

                              (i)  section 12; or

                             (ii)  section 46 of the Public Governance, Performance and Accountability Act 2013.

             (3)  Particular personal information may be so published or used if the individual to whom the information relates consents in writing to the publication or use.

14  Information relating to remuneration

             (1)  Subject to this section, any information relating to remuneration that is included in a public report lodged by a relevant employer under section 13A:

                     (a)  must not be published under section 15; and

                     (b)  must not be used in a report under:

                              (i)  section 12; or

                             (ii)  section 46 of the Public Governance, Performance and Accountability Act 2013.

             (2)  Information referred to in subsection (1) (except personal information) may be so published or used if the relevant employer has, by written notice given to the Agency, agreed to that information being so published or used.

Note:          Section 13C deals with personal information.

             (3)  Information referred to in subsection (1) may be so published or used if the information is in an aggregated form that does not disclose, either directly or indirectly, information about a specific relevant employer or another specific person.

14A  Information of a kind specified by the Minister

             (1)  Subject to this section, information of a kind specified in an instrument under subsection (2):

                     (a)  must not be published under section 15; and

                     (b)  must not be used in a report under:

                              (i)  section 12; or

                             (ii)  section 46 of the Public Governance, Performance and Accountability Act 2013.

             (2)  The Minister may, by legislative instrument, specify kinds of information for the purposes of subsection (1).

Note:          See also section 33A.

             (3)  Information referred to in subsection (1) may be so published or used if the information is in an aggregated form that does not disclose, either directly or indirectly, information about a specific relevant employer or another specific person.

15  Agency’s use of public report

             (1)  Subject to sections 13C, 14 and 14A, a public report, or a part of a public report (including a copy of the report or part of the report):

                     (a)  may be published by the Agency by electronic or other means; and

                     (b)  may be used, either in whole or in part, in a report under:

                              (i)  section 12; or

                             (ii)  section 46 of the Public Governance, Performance and Accountability Act 2013.

             (2)  If:

                     (a)  a relevant employer lodges a public report under section 13A in respect of a reporting period; and

                     (b)  the report is lodged within the time allowed by section 13B or 17;

then, during the period of 28 days beginning on the day the report is lodged, subsection (1) of this section does not apply in relation to the report.

16  Relevant employer to make public reports accessible to employees and shareholders etc.

             (1)  A relevant employer must, as soon as reasonably practicable after lodging a public report under section 13A, inform:

                     (a)  the employees of the employer; and

                     (b)  any shareholders or members of the employer;

that the employer has lodged the report and of the way in which the report may be accessed (whether electronic or otherwise).

             (2)  The relevant employer must, as soon as reasonably practicable after that lodgement, provide those employees and shareholders or members with access (whether electronic or otherwise) to the public report (excluding information to which subsection (3) applies).

             (3)  This subsection applies to the following information:

                     (a)  personal information;

                     (b)  information relating to remuneration that the relevant employer considers should not be subject to the requirement in subsection (2);

                     (c)  information of a kind specified in an instrument under section 14A.

             (4)  Paragraph (3)(a) does not apply in relation to particular information if the individual to whom the information relates consents in writing to the information being subject to the requirement in subsection (2).

16A  Relevant employer to inform employee organisations of lodgement of public report

                   A relevant employer must, within 7 days after lodging a public report under section 13A, take all reasonable steps to inform each employee organisation, that has members who are employees of the employer, that the employer has lodged the report.

16B  Relevant employer to inform employees and employee organisations of the opportunity to comment

                   A relevant employer must, when informing employees under section 16 or an employee organisation under section 16A, advise the employees or employee organisation that comments on the report may be given to the employer or to the Agency.

17  Agency may grant extensions

             (1)  A relevant employer may, before the end of the 2 months within which the relevant employer is required to lodge with the Agency a public report under section 13B, apply to the Agency to extend the period for a further period to enable the employer to lodge the public report.

             (2)  Where the Agency:

                     (a)  has received a request under subsection (1) to extend a period in respect of a report; and

                     (b)  considers that there are reasonable grounds for extending the period;

the Agency may grant an extension in respect of the report for such period, not exceeding 6 months, as the Agency thinks fit.

Part IVAReviewing compliance with this Act and consequences of non‑compliance

  

18  Simplified outline

                   The following is a simplified outline of this Part:

•      The Minister will set minimum standards in relation to gender equality indicators, relevant employers and reporting periods.

•      The Agency may review a relevant employer’s compliance with this Act by seeking further information from the employer. The Agency may do this on a random basis.

•      If a relevant employer fails to comply with this Act, the Agency may name the employer in a report given to the Minister or by electronic or other means (for example, on the Agency’s website or in a newspaper).

•      Examples of a failure to comply with this Act are a failure by a relevant employer to lodge a public report on time or to give the Agency information under section 19A.

•      If the Agency proposes to name a relevant employer, the Agency must give the employer notice in writing of the proposal and the reasons for the proposal.

•      Relevant employers failing to comply with this Act may not be eligible to compete for contracts under the Commonwealth procurement framework and may not be eligible for Commonwealth grants or other financial assistance.

19  Minister will set minimum standards in relation to gender equality indicators

             (1)  Before 1 April 2014, the Minister will, by legislative instrument, set minimum standards in relation to specified gender equality indicators, specified relevant employers and specified reporting periods.

Note 1:       See also section 33A of this Act.

Note 2:       For specification by class, see subsection 13(3) of the Legislation Act 2003.

Note 3:       An instrument under subsection (1) may make different provision with respect to different relevant employers and different reporting periods: see subsection 33(3A) of the Acts Interpretation Act 1901.

             (2)  An instrument under subsection (1) has no effect in relation to a reporting period unless it is made before the first day of that reporting period.

19A  Agency may review compliance with Act

             (1)  The Agency may, by written notice, require a relevant employer to give the Agency information:

                     (a)  that relates to the employer’s compliance with this Act or to the employer’s performance against the minimum standards; and

                     (b)  that is specified in the notice.

             (2)  The notice must specify the period within which, and the manner in which, the information must be given.

             (3)  A period specified in a notice under subsection (1) must be at least 14 days after the notice is given.

Note:          Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.

19B  Relevant employer fails to comply with Act if employer gives false or misleading information

                   For the purposes of section 19D, a relevant employer is taken to fail to comply with this Act if:

                     (a)  the employer lodges a public report under section 13A and any information included in the report is false or misleading; or

                     (b)  the employer gives the Agency information under section 19A and the information is false or misleading.

Note:          If the employer does not have a reasonable excuse for the failure, the Agency may name the employer in a report given to the Minister or by electronic or other means: see section 19D.

19C  Relevant employer fails to comply with Act if employer fails to improve against minimum standard

                   If:

                     (a)  a relevant employer lodges a public report under section 13A in respect of a reporting period (the base period); and

                     (b)  in a case where a minimum standard (the base standard) applies in relation to the employer and the base period—at the end of the base period, the employer fails to meet that standard; and

                     (c)  the employer lodges a public report under section 13A in respect of the second reporting period (the comparison period) after the base period; and

                     (d)  at the end of the comparison period, the employer’s performance against the base standard has failed to improve from the employer’s performance against that standard at the end of the base period;

then the failure referred to in paragraph (d) is taken, for the purposes of section 19D, to be a failure to comply with this Act.

Note:          If the employer does not have a reasonable excuse for the failure referred to in paragraph (d) of this section, the Agency may name the employer in a report given to the Minister or by electronic or other means: see section 19D.

19D  Consequences of non‑compliance with Act

             (1)  This section applies if a relevant employer, without reasonable excuse, fails to comply with this Act.

Note:          Examples of a failure to comply with this Act are:

(a)    a relevant employer fails to lodge a public report on time (see sections 13A, 13B and 17); and

(b)    a relevant employer fails to inform employees, shareholders or members of the employer that a public report has been lodged (see section 16); and

(c)    a relevant employer fails to inform employees and relevant employee organisations as required by sections 16A and 16B; and

(d)    a relevant employer fails to give the Agency information under section 19A.

Naming employer in Agency report

             (2)  The Agency may name the employer as having failed to comply with this Act, and set out details of the non‑compliance, in a report under:

                     (a)  subsection 12(2); or

                     (b)  section 46 of the Public Governance, Performance and Accountability Act 2013.

Naming employer in other ways

             (3)  The Agency may, by electronic or other means, name the employer as having failed to comply with this Act and set out details of the non‑compliance.

Note:          For example, the Agency may do this on the Agency’s website or in a newspaper.

Prior notice to employer

             (4)  If the Agency proposes to:

                     (a)  name an employer in a report under:

                              (i)  subsection 12(2); or

                             (ii)  section 46 of the Public Governance, Performance and Accountability Act 2013; or

                     (b)  name an employer under subsection (3) of this section;

the Agency must:

                     (c)  give the employer notice in writing of the proposal and the reasons for the proposal; and

                     (d)  invite the employer to make written representations to the Agency about the proposal within the period of 28 days beginning on the day the notice is given; and

                     (e)  have regard to any written representations made by the employer within that period.

             (5)  If:

                     (a)  a relevant employer lodges a public report under section 13A in respect of a reporting period; and

                     (b)  the report is lodged within the time allowed by section 13B or 17;

then, during the period of 28 days beginning on the day the report is lodged, the Agency must not give the employer a notice under subsection (4) of this section in relation to the lodgement of that report.

19E  Agency to offer relevant employers advice and assistance if employers fail to meet minimum standards

                   If:

                     (a)  a relevant employer lodges a public report under section 13A in respect of a reporting period; and

                     (b)  in a case where a minimum standard applies in relation to the employer and that reporting period—the Agency becomes aware that, at the end of that reporting period, the employer fails to meet that standard;

the Agency must offer to provide the employer with advice and assistance in relation to improving the employer’s performance against that standard.

Part VDirector of Workplace Gender Equality

  

20  Appointment of Director

             (1)  The Director shall be appointed by the Governor‑General.

21  Tenure of Director

             (1)  The Director holds office for such period, not exceeding 5 years, as is specified in the instrument of appointment, but is eligible for re‑appointment.

             (2)  The Director holds office, subject to this Part, on such terms and conditions as are determined by the Governor‑General.

22  Remuneration and allowances

             (1)  The Director shall be paid:

                     (a)  such remuneration as is determined by the Remuneration Tribunal; and

                     (b)  such allowances as are prescribed.

             (2)  This section has effect subject to the Remuneration Tribunal Act 1973.

23  Leave of absence

                   The Minister may grant leave of absence to the Director upon such terms and conditions as to remuneration or otherwise as the Minister determines.

24  Outside employment

                   The Director shall not engage in paid employment outside the duties of the office of Director except with the approval of the Minister.

25  Resignation

                   The Director may resign the office of Director by writing signed and delivered to the Governor‑General.

26  Termination of appointment

             (1)  The Governor‑General may terminate the appointment of the Director for misbehaviour or physical or mental incapacity.

             (2)  If the Director:

                     (a)  becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit;

                     (b)  engages, except with the approval of the Minister, in paid employment outside the duties of the office of Director;

                     (c)  is absent from duty, except on leave of absence granted by the Minister, for 14 consecutive days or 28 days in any 12 months; or

                     (d)  without reasonable excuse, contravenes:

                              (i)  section 27; or

                             (ii)  section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section;

the Governor‑General shall terminate the appointment of the Director.

27  Disclosure of interest

             (1)  The Director shall give written notice to the Minister of all direct or indirect pecuniary interests that the Director has or acquires in, or in relation to, a relevant employer.

             (2)  Subsection (1) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).

28  Acting appointment

             (1)  The Minister may appoint a person to act as the Director:

                     (a)  during a vacancy in the office of Director (whether or not an appointment has previously been made to the office); or

                     (b)  during any period, or during all periods, when the Director is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office of Director;

but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

             (2)  While a person is acting as the Director, the person has and may exercise all the powers, and shall perform all the functions, of the Director.

             (3)  An appointment of a person to act as Director may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.

             (4)  The Minister may:

                     (a)  determine the terms and conditions of appointment, including remuneration and allowances, of a person appointed to act as the Director; and

                     (b)  terminate such an appointment at any time.

             (5)  Where a person is acting as the Director otherwise than by reason of a vacancy in the office of Director, and the office of Director becomes vacant while the person is so acting, then, subject to subsection (3), the person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.

             (6)  A person appointed to act as the Director may resign by writing signed and delivered to the Minister.

             (7)  The validity of anything done by or in relation to a person purporting to act as the Director shall not be called in question on the ground that the occasion for the appointment had not arisen, that there was a defect or irregularity in or in connection with the appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had ceased.

Part VIMiscellaneous

  

29  Staff

             (1)  The staff required for the purposes of this Act shall be persons engaged under the Public Service Act 1999.

             (2)  For the purposes of the Public Service Act 1999:

                     (a)  the Director and the APS employees assisting the Director together constitute a Statutory Agency; and

                     (b)  the Director is the Head of that Statutory Agency.

30  Consultants

             (1)  The Agency may, on behalf of the Commonwealth, engage as consultants to the Agency persons having suitable qualifications and experience.

             (2)  The terms and conditions of engagement of persons engaged under subsection (1) are such as are determined by the Agency.

31  Advisory committees

             (1)  Subject to this section the Minister may, in consultation with the Agency, establish such advisory committees as the Minister considers necessary for the purpose of giving advice to the Minister and to the Agency on particular matters or classes of matters relating to gender equality in the workplace, functions of the Agency or the operation of this Act.

             (2)  An advisory committee shall consist of such persons as the Minister from time to time appoints.

             (3)  For the purposes of assisting the Minister in the appointment of the members of an advisory committee, the Agency may provide the Minister with a list of the names of persons:

                     (a)  representing industry or business (including a part of an industry); or

                     (b)  representing employee organisations; or

                     (c)  representing registered higher education providers; or

                     (e)  having special knowledge or interest in relation to gender equality in the workplace, the functions of the Agency or the operation of this Act.

             (4)  A member of an advisory committee holds office for such period as is specified in the instrument of appointment, but is eligible for re‑appointment.

             (5)  A member of an advisory committee may resign from office by writing signed and delivered to the Minister.

             (6)  The number of members of an advisory committee required to constitute a quorum at a meeting of that advisory committee shall be as determined by the Minister.

             (7)  If the Minister decides that a member of an advisory committee should be remunerated, that member shall be paid such remuneration as is determined by the Remuneration Tribunal.

             (8)  A member of an advisory committee shall be paid such allowances as are prescribed.

             (9)  Subsections (7) and (8) have effect subject to the Remuneration Tribunal Act 1973.

32  Non‑disclosure of confidential information

             (1)  A person who is, or has at any time been, the Director or a member of the staff referred to in section 29 or a consultant engaged under section 30 or is, or has at any time been, authorised to perform or exercise any function or power under an arrangement in force under section 33, shall not, either directly or indirectly:

                     (a)  make a record of, or divulge or communicate to any person, any confidential information acquired by the first‑mentioned person by reason of that person’s office, employment or engagement under or for the purposes of this Act or by reason of that person being or having been so authorised;

                     (b)  make use of any information as is mentioned in paragraph (a); or

                     (c)  produce to any person a document relating to confidential information of another person furnished for the purposes of this Act.

Penalty:  25 penalty units or imprisonment for 3 months, or both.

          (1A)  Subsection (1) does not apply to a person’s conduct if the person is:

                     (a)  performing a duty or function, or exercising a power, under, or in connection with, this Act; or

                     (b)  performing a function, or exercising a power, under an arrangement in force under section 33.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (1A) (see subsection 13.3(3) of the Criminal Code).

             (2)  A person who is, or has at any time been, the Director or a member of the staff referred to in section 29 or a consultant engaged under section 30 or is, or has at any time been, authorised to perform or exercise any function or power under an arrangement in force under section 33, shall not be required:

                     (a)  to divulge or communicate to a court any confidential information acquired by the first‑mentioned person by reason of that person’s office, employment or engagement under or for the purposes of this Act or by reason of that person being or having been so authorised; or

                     (b)  to produce in a court a document relating to confidential information of which the first‑ mentioned person has custody, or to which that person has access, by reason of that person’s office, employment or engagement under or for the purposes of this Act or by reason of that person being or having been so authorised;

except where it is necessary to do so for the purposes of this Act.

             (3)  Nothing in this section prohibits a person from:

                     (a)  divulging or communicating information, or producing a document, to the Agency or an officer of a State, in accordance with an arrangement in force under section 33; or

                     (b)  divulging or communicating information, or producing a document, that is required or permitted by an Act to be divulged, communicated or produced, as the case may be.

             (4)  In this section:

confidential information means information which, at the time when it is supplied by a relevant employer, the relevant employer has specified as being supplied in confidence.

court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.

produce includes permit access to.

33  Delegation

             (1)  The Director may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Director, delegate to:

                     (a)  a person referred to in subsection 29(1); or

                     (b)  an officer in respect of whom an arrangement is in force under subsection (4);

all or any of the powers and functions of the Agency under this Act other than this power of delegation.

             (2)  A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Agency.

             (3)  A delegation under this section does not prevent the exercise of a power or the performance of a function by the Agency.

             (4)  The Minister may make an arrangement with a Minister of a State for and in relation to the exercise of powers, and the performance of functions, of the Agency under this Act by an officer of the State.

             (6)  An arrangement may contain such incidental or supplementary provisions as the Minister and the Minister of the State think necessary.

             (7)  The Minister may arrange with the Minister of a State with whom an arrangement is in force for the variation or revocation of the arrangement.

             (8)  An arrangement, or the variation or revocation of an arrangement, shall be in writing and a copy of each instrument by which an arrangement has been made, varied or revoked shall be published in the Gazette.

33A  Minister to consult before making legislative instruments

             (1)  Before making a legislative instrument under this Act, the Minister must consult the Agency and have regard to any recommendations of the Agency.

             (2)  The Minister must also consult such persons mentioned in subsection 31(3) as the Minister considers appropriate.

Note:          For consultation requirements generally, see section 17 (consultation) of the Legislation Act 2003.

34  Regulations

                   The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Affirmative Action (Equal Employment Opportunity for Women) Act 1986

91, 1986

3 Sept 1986

1 Oct 1986 (gaz 1986, No. S491)

 

Employment, Education and Training Act 1988

80, 1988

24 June 1988

1 July 1988 (gaz 1988, No. S190)

Industrial Relations (Consequential Provisions) Act 1988

87, 1988

8 Nov 1988

s 1 and 2: 8 Nov 1988
Remainder: 1 Mar 1989 (s. 2(2) and gaz 1989, No. S53)

Affirmative Action (Equal Employment Opportunity for Women) Amendment Act 1989

30, 1989

24 May 1989

24 May 1989 (s 2)

Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992

105, 1992

9 July 1992

5 Oct 1992 (s 2)

Affirmative Action (Equal Employment Opportunity for Women) Amendment Act 1992

181, 1992

16 Dec 1992

16 Dec 1992 (s2)

s. 12

Qantas Sale Act 1992

196, 1992

21 Dec 1992

Sch (Parts 3 and 6): (a)

 

as amended by

 

 

 

 

Qantas Sale Amendment Act 1993

60, 1993

3 Nov 1993

10 Mar 1993

Qantas Sale Amendment Act 1994

168, 1994

16 Dec 1994

s. 3 (item 17): 16 Dec 1994 (s 2(1))

Statute Law Revision Act 1996

43, 1996

25 Oct 1996

Sch 4 (items 6, 7): 25 Oct 1996 (s 2(1))

Workplace Relations and Other Legislation Amendment Act 1996

60, 1996

25 Nov 1996

Sch 19 (item 4): 25 Nov 1996 (s 2(1))

Public Employment (Consequential and Transitional) Amendment Act 1999

146, 1999

11 Nov 1999

Sch 1 (items 54, 55): 5 Dec 1999 (gaz 1999, No S584 and s 2(1), (2))

Equal Opportunity for Women in the Workplace Amendment Act 1999

183, 1999

22 Dec 1999

Sch 1 and 3: 1 Jan 2000
Remainder: Royal Assent

Sch 3

Corporations (Repeals, Consequentials and Transitionals) Act 2001

55, 2001

28 June 2001

s 4–14 and Sch 3 (item 173): 15 July 2001 (gaz 2001, No. S285 and s 2(3))

s 4–14

Employment, Workplace Relations and Small Business Legislation Amendment (Application of Criminal Code) Act 2001

142, 2001

1 Oct 2001

s 4 and Sch 1 (items 10–14): 2 Oct 2001 (s 2(1))

s 4

Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2001

144, 2001

1 Oct 2001

Sch 3 (item 1): 1 Oct 2001 (s 2(1))
Sch 3 (item 2): 29 Oct 2001 (s 2(3))

Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001

159, 2001

1 Oct 2001

29 Oct 2001

Sch 1 (item 97)

Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002

105, 2002

14 Nov 2002

Sch 3 (item 47): 12 May 2003 (s 2 and gaz 2002, No GN49)

Workplace Relations Legislation Amendment Act 2002

127, 2002

11 Dec 2002

Sch 3 (item 19): Royal Assent

Higher Education Support (Transitional Provisions and Consequential Amendments) Act 2003

150, 2003

19 Dec 2003

Sch 2 (item 102): 1 Jan 2004 (s 2(1) item 8)

Fair Work (State Referral and Consequential and Other Amendments) Act 2009

54, 2009

25 June 2009

Sch 9 (item 1): 1 July 2009 (s 2(1) item 31)

Sex and Age Discrimination Legislation Amendment Act 2011

40, 2011

20 June 2011

Sch 1 (item 70): 21 June 2011

Equal Opportunity for Women in the Workplace Amendment Act 2012

179, 2012

6 Dec 2012

Sch 1 (items 1–73, 75–79): Royal Assent

Sch 1 (items 72, 73)

Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014

62, 2014

30 June 2014

Sch 6 (item 77), Sch 12 (items 290–299) and Sch 14: 1 July 2014 (s 2(1) items 6, 14)

Sch 14

as amended by

 

 

 

 

Public Governance and Resources Legislation Amendment Act (No. 1) 2015

36, 2015

13 Apr 2015

Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2)

Sch 7

as amended by

 

 

 

 

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2)

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2)

Statute Law Revision Act (No. 1) 2015

5, 2015

25 Feb 2015

Sch 1 (items 43, 44): 25 Mar 2015 (s 2(1) item 2)

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (items 670, 671): 5 Mar 2016 (s 2(1) item 2)

Territories Legislation Amendment Act 2016

33, 2016

23 Mar 2016

Sch 5 (items 102, 103): 1 July 2016 (s 2(1) item 7)

 

(a)             The Workplace Gender Equality Act 2012 was amended by the Qantas Sale Act 1992, subsections 2(2), (5) and (6) of which provide as follows:

                   (2)  Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.

                   (5)  If, on the 100% sale day, Part 3 of the Schedule has not commenced, then, on the day on which Part 7 of the Schedule commences, Parts 3 and 6 of the Schedule are taken to have been repealed.

                   (6)  If a provision of this Act has not commenced before 31 August 1995, the provision is taken to have been repealed on that day.

                  The Schedule (Parts 3 and 6) are taken to have been repealed on 31 August 1995.

Endnote 4—Amendment history

 

Provision affected

How affected

Title.....................................

am No 181, 1992; No 183, 1999; No 179, 2012

Part I

 

s 1........................................

am No 183, 1999; No 179, 2012

s 2A.....................................

ad No 183, 1999

 

rs No 179, 2012

s 2B.....................................

ad No 179, 2012

s 3........................................

am No 80, 1988; No 87, 1988; No 30, 1989; No 105, 1992; No 181, 1992; No 60, 1996; No 183, 1999; No 55, 2001; No 105, 2002; No 127, 2002; No 150, 2003; No 54, 2009; No 40, 2011; No 179, 2012; No 5, 2015; No 33, 2016

s 4........................................

rep No 33, 2016

s 5........................................

am No 105, 1992; No 183, 1999; No 179, 2012

s 5A.....................................

ad No 142, 2001

Part II heading......................

rs No 183, 1999

 

rep No 179, 2012

Part II...................................

rep No 179, 2012

s 6........................................

rs No 183, 1999

 

rep No 179, 2012

s 7........................................

am No 30, 1989

 

rep No 183, 1999

s 8........................................

rs No 183, 1999

 

rep No 179, 2012

Part III

 

Part III heading....................

rs No 181, 1992; No 183, 1999; No 179, 2012

s 8A.....................................

ad No 181, 1992

 

am No 183, 1999; No 179, 2012; No 62, 2014

s 9........................................

am No 181, 1992; No 183, 1999; No 179, 2012

s 10......................................

am No 181, 1992; No 183, 1999; No 179, 2012

s 11......................................

am No 181, 1992

s 12......................................

am No 181, 1992; No 179, 2012; No 62, 2014

Part IV

 

s 13......................................

am No 30, 1989; No 181, 1992

 

rs No 183, 1999; No 179, 2012

s 13A...................................

ad No 181, 1992

 

rs No 183, 1999

 

am No 179, 2012

s 13B...................................

ad No 183, 1999

s 13C...................................

ad No 183, 1999

 

rs No 179, 2012

 

am No 62, 2014

s 14......................................

am No 181, 1992

 

rs No 183, 1999; No 179, 2012

 

am No 62, 2014

s 14A...................................

ad No 179, 2012

 

am No 62, 2014

s 15......................................

am No 181, 1992; No 179, 2012; No 62, 2014

s 16......................................

am No 181, 1992

 

rs No 179, 2012

s 16A...................................

ad No 179, 2012

s 16B...................................

ad No 179, 2012

s 17......................................

am No 181, 1992; No 183, 1999; No 144, 2001; No 179, 2012

Part IVA

 

Part IVA...............................

ad No 179, 2012

s 18......................................

am No 181, 1992

 

rs No 183, 1999; No 179, 2012

s 19......................................

am No 181, 1992

 

rs No 179, 2012

 

am No 126, 2015

s 19A...................................

ad No 179, 2012

s 19B...................................

ad No 179, 2012

s 19C...................................

ad No 179, 2012

s 19D...................................

ad No 179, 2012

 

am No 62, 2014

s 19E...................................

ad No 179, 2012

Part V

 

Part V heading......................

rs No 183, 1999; No 179, 2012

s 20......................................

am No 159, 2001

s 22......................................

am No 43, 1996

s 26......................................

am No 62, 2014

s 27......................................

am No 62, 2014

Part VI

 

s 29......................................

am No 146, 1999

s 30......................................

am No 181, 1992

s 31......................................

am No 181, 1992; No 43, 1996; No 183, 1999; No 179, 2012

s 32......................................

am No 181, 1992; No 142, 2001; No 144, 2001; No 179, 2012

s 33......................................

am No 181, 1992; No 183, 1999; No 179, 2012

s 33A...................................

ad No 179, 2012

 

am No 126, 2015