WORKPLACE GENDER EQUALITY ACT 2012 - SECT 5 Application of Act

WORKPLACE GENDER EQUALITY ACT 2012 - SECT 5

  (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.

  (11A)   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 Commonwealth company or a Commonwealth entity.

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