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Schedule 2—Consequential amendments

Schedule 2 Consequential amendments

Part 1 Amendment of the Sex Discrimination Act 1984

Sex Discrimination Act 1984

1  Subsection 40(2A)

Repeal the subsection.

Part 2 Other consequential amendments

2  Regulations may make consequential amendments of Acts

(1)       The Governor-General may, during the period of 12 months starting on the commencement of this item, make regulations amending Acts (including the Marriage Act 1961 and the Sex Discrimination Act 1984 ) being amendments that are consequential on, or that otherwise relate to, the amendments made by Schedule 1 to this Act. The amendments may directly amend the text of an Act.

(2)       The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to:

                     (a)  any amendments made by regulations under subitem (1); or

                     (b)  the amendments made by Part 1 of this Schedule.

Retrospective commencement

(3)       Despite subsection 12(2) of the Legislative Instruments Act 2003 (as in force immediately before the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 ), regulations made for the purposes of this item may be expressed to take effect from a date before the regulations are registered under that Act.

(4)       Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 , as in force on and after the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 , does not apply in relation to regulations made for the purposes of this item.

(5)       However, if:

                     (a)  a person engaged in conduct before the regulations were registered under the Legislative Instruments Act 2003 or the Legislation Act 2003 ; and

                     (b)  but for the retrospective effect or commencement of the regulations, the conduct would not have contravened a provision of an Act or instrument;

then a court must not convict the person of an offence, or impose a pecuniary penalty, in relation to the conduct on the grounds that it contravened that provision.

Publication

(6)       To avoid doubt, amendments of an Act made by regulations for the purposes of subitem (1) can be incorporated into a reprint or compilation of the Act.