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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Sex
Discrimination Amendment (Pregnancy and Work) Bill
2002
No. ,
2002
(Attorney-General)
A
Bill for an Act to amend the Sex Discrimination Act 1984, and for related
purposes
Contents
A Bill for an Act to amend the Sex Discrimination Act
1984, and for related purposes
The Parliament of Australia enacts:
This
Act may be cited as the Sex Discrimination Amendment (Pregnancy and Work) Act
2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Schedule 1 |
The 28th day after the day on which this Act receives the Royal
Assent |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 After subsection 5(1)
Insert:
(1A) To avoid doubt, breastfeeding (including the act of expressing milk)
is a characteristic that appertains generally to women.
2 Subsection 27(1)
Repeal the subsection, substitute:
(1) It is unlawful for a person (the first person)
to request or require another person (the other
person) to provide information (whether by way of
completing a form or otherwise) if:
(a) the information is requested or required in connection with, or for
the purposes of, the first person doing a particular act; and
(b) under Division 1 or this Division, it would be unlawful in
particular circumstances for the first person, in doing that act, to
discriminate against the other person on the ground of the other person’s
sex, marital status, pregnancy or potential pregnancy; and
(c) persons:
(i) of the opposite sex; or
(ii) of a different marital status; or
(iii) who are not pregnant or potentially pregnant;
as the case requires, would not be requested or required to provide the
information in circumstances that are the same or not materially
different.
Example: Under section 14 of Division 1, it is
unlawful to determine not to offer employment to a woman because she is pregnant
or might become pregnant. Under this section, it is therefore also unlawful to
ask a woman during a job interview whether she is pregnant or intends to become
pregnant if that information is requested in connection with determining whether
to offer her employment.
Note: The heading to section 27 is replaced by the
heading “Requests for information”.
3 At the end of subsection
27(2)
Add:
Note: Information obtained under this subsection may be used
provided the use is not for the purpose of a discriminatory act that is unlawful
under any other section of this Act. For example, an employer may use such
information for a purpose connected with occupational health and safety, but
only if doing so does not amount to unlawful discrimination.