Commonwealth Numbered Acts

SEX DISCRIMINATION ACT 1984 No. 4, 1984 - SECT 4

4. (1) In this Act, unless the contrary intention appears-

''accommodation'' includes residential and business accommodation;

''administrative office'' means-

   (a)  an office established by, or an appointment made under, a law of the
        Commonwealth;

   (b)  an office established by, or an appointment made under, a law of a
        Territory;

   (c)  an appointment made by the Governor-General or a Minister otherwise
        than under a law of the Commonwealth or of a Territory (including the
        Northern Territory); and

   (d)  an appointment as a director of an incorporated company that is a
        public authority of the Commonwealth,

but does not include-

   (e)  an office of member of the Legislative Assembly, member of the Council
        or Minister of the Territory, within the meaning of the Northern
        Territory (Self-Government) Act 1978;

   (f)  an office of member of the Legislative Assembly within the meaning of
        the Norfolk Island Act 1979; or

   (g)  an office or appointment in the Australian Public Service;

''Chairman'' means Chairman of the Commission;

''club'' means an association (whether incorporated or unincorporated) of not
less than 30 persons associated together for social, literary, cultural,
political, sporting, athletic or other lawful purposes that-

   (a)  provides and maintains its facilities, in whole or in part, from the
        funds of the association; and

   (b)  sells or supplies liquor for consumption on its premises;

''Commission'' means the Human Rights Commission established by the Human
Rights Commission Act 1981;

''commission agent'' means a person who does work for another person as the
agent of that other person and who is remunerated, whether in whole or in
part, by commission;

''Commissioner'' means the Sex Discrimination Commissioner appointed under
section 96;

''committee of management'', in relation to a club or a registered
organization, means the group or body of persons (however described) that
manages the affairs of that club or organization, as the case may be;

''Commonwealth employee'' means a person who-

   (a)  holds an office or appointment in the Australian Public Service or is
        employed in a temporary capacity in a Department;

   (b)  holds an administrative office;

   (c)  is employed by a public authority of the Commonwealth;

   (d)  holds an office or appointment in the Commonwealth Teaching Service or
        is employed as a temporary employee under the Commonwealth Teaching
        Service Act 1972;

   (e)  is employed under the Australian Security Intelligence Organization 
        Act 1979 , the Supply and Development Act 1939 or the
        Naval Defence Act 1910; or

   (f)  is a member of the Defence Force;

''Commonwealth law'' means-

   (a)  an Act, or a regulation, rule, by-law or determination made under or
        pursuant to an Act;

   (b)  an Ordinance of a Territory, or a regulation, rule, by-law or
        determination made under or pursuant to an Ordinance of a Territory;
        or

   (c)  an order or award made under or pursuant to a law referred to in
        paragraph (a) or (b);

''Commonwealth program'' means a program conducted by or on behalf of the
Commonwealth government;

''contract worker'' means a person who does work for another person pursuant
to a contract between the employer of the first-mentioned person and that
other person;

''Convention'' means the Convention on the Elimination of All Forms of
Discrimination Against Women, a copy of the English text of which is set out
in the Schedule;

''de facto spouse'', in relation to a person, means a person of the opposite
sex to the first-mentioned person who lives with the first-mentioned person as
the husband or wife of that person on a bona fide domestic basis although not
legally married to that person;

''Department'' has the same meaning as that expression has in the Public
Service Act 1922;

''document'' includes any book, register or other record of information,
however compiled, recorded or stored;

''educational authority'' means a body or person administering an
educational institution;

''educational institution'' means a school, college, university or other
institution at which education or training is provided;

''employment'' includes-

   (a)  part-time and temporary employment;

   (b)  work under a contract for services; and

   (c)  work as a Commonwealth employee;

''employment agency'' means any person who or body that, whether for payment
or not, assists persons to find employment or other work or assists employers
to find employees or workers, and includes the Commonwealth Employment
Service;

''enactment'' has the same meaning as in the Human Rights Commission Act  1981
;

''Federal Court'' means the Federal Court of Australia;

''function'' includes duty;

''institution of tertiary education'' means a university, college of advanced
education, technical and further education institution or other institution at
which tertiary education or training is provided;

''instrumentality of a State'' means a body or authority established for a
public purpose by a law of a State and includes a technical and further
education institution conducted by or on behalf of the government of a State,
but does not include any other institution of tertiary education;

''man'' means a member of the male sex irrespective of age;

''marital status'' means the status or condition of being-

   (a)  single;

   (b)  married;

   (c)  married but living separately and apart from one's spouse;

   (d)  divorced;

   (e)  widowed; or

   (f)  the de facto spouse of another person;

''near relative'', in relation to a person, means-

   (a)  a parent, child, grandparent, grandchild, brother or sister of the
        person; or

   (b)  the spouse or de facto spouse of the first-mentioned person or of a
        person referred to in paragraph (a);

''principal'' means-

   (a)  in relation to a commission agent-a person for whom the commission
        agent does work as a commission agent; and

   (b)  in relation to a contract worker-a person for whom the contract worker
        does work pursuant to a contract between the employer of the contract
        worker and the person;

''proposed enactment'' has the same meaning as in the Human Rights Commission
Act 1981;

''public authority of the Commonwealth'' means-

   (a)  a body incorporated, whether before or after the commencement of this
        Act, for a public purpose by a law of the Commonwealth or a law of a
        Territory, being a body corporate employing staff on its own behalf;

   (b)  an authority or body, not being a body corporate, established, whether
        before or after the commencement of this Act, for a public purpose by,
        or in accordance with the provisions of, a law of the Commonwealth or
        a law of a Territory, being an authority or body employing staff on
        its own behalf; or

   (c)  an incorporated company over which the Commonwealth, or a body or
        authority referred to in paragraph (a) or (b), is in a position to
        exercise control;

''registered organization'' means an organization registered pursuant to the
Conciliation and Arbitration Act 1904;

''respondent'', in relation to a complaint, means the person who is, or each
of the persons who are, alleged to have done the act to which the complaint
relates;

''services'' includes-

   (a)  services relating to banking, insurance and the provision of grants,
        loans, credit or finance;

   (b)  services relating to entertainment, recreation or refreshment;

   (c)  services relating to transport or travel;

   (d)  services of the kind provided by the members of any profession or
        trade; and

   (e)  services of the kind provided by a government, a government authority
        or a local government body;

''State'', except in sub-sections 9 (15), (16), (17) and (18), includes the
Northern Territory;

''technical and further education institution'' has the same meaning as that
expression has in the Commonwealth Tertiary Education Commission Act 1977 ;

''Territory'', except in sub-sections 9 (17) and (18), does not include the
Northern Territory;

''voluntary body'' means an association or other body (whether incorporated or
unincorporated) the activities of which are not engaged in for the purpose of
making a profit, but does not include-

   (a)  a club;

   (b)  a registered organization;

   (c)  a body established by a law of the Commonwealth, of a State or of a
        Territory; or

   (d)  an association that provides grants, loans, credit or finance to its
        members;

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

(2) For the purposes of this Act, refusing or failing to do an act shall be
deemed to be the doing of an act and a reference to an act includes a
reference to a refusal or failure to do an act.