Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Regulation 2013
 
Select Legislative Instrument No. 197, 2013
I, Quentin Bryce AC CVO, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Sex Discrimination Act 1984.
Dated 25 July 2013
Quentin Bryce
Governor‑General
By Her Excellency’s Command
Mark Dreyfus QC
Attorney‑General
 
 
  
  
Contents
1............ Name of regulation.............................................................................. 1
2............ Commencement................................................................................... 1
3............ Authority............................................................................................. 1
4............ Schedule(s)......................................................................................... 2
Schedule 1—Amendments                                                                                                3
Sex Discrimination Regulations 1984                                                                     3
 
1  Name of regulation
                   This regulation is the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Regulation 2013.
2  Commencement
                   Each provision of this regulation specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
 
Commencement information

Column 1
Column 2
Column 3

Provision(s)
Commencement
Date/Details

1.  Sections 1 to 4 and anything in this regulation not elsewhere covered by this table
The day after this regulation is registered.
 

2.  Schedule 1
The later of:
(a) the day after this regulation is registered; and
(b) the day on which Schedule 1 to the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013 commences.
However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.
 

3  Authority
                   This regulation is made under the Sex Discrimination Act 1984.
4  Schedule(s)
                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
  
Sex Discrimination Regulations 1984
1  Regulation 4
Repeal the regulation, substitute:
4  Care or services that are Commonwealth‑funded aged care
             (1)  This regulation sets out classes of care or services prescribed for the purposes of paragraph (c) of the definition of Commonwealth‑funded aged care in subsection 4(1) of the Act.
             (2)  Care or services in relation to which the Commonwealth has made, or is to make, payments for the purposes of a program referred to in any of the following table items in Part 4 of Schedule 1AA to the Financial Management and Accountability Regulations 1997 are prescribed:
                     (a)  table item 415.016 (access and information);
                     (b)  table item 415.017 (home support);
                     (c)  table item 415.018 (residential and flexible care);
                     (d)  table item 415.019 (workforce and quality);
                     (e)  table item 415.020 (ageing and service improvement).
             (3)  Aged care or services (or similar care or services) that are provided under any of the following instruments, and in relation to which the Commonwealth has made, or is to make, payments to the provider of the care or services, are prescribed:
                     (a)  the Treatment Principles made under section 90 of the Veterans’ Entitlements Act 1986;
                     (b)  those Treatment Principles as modified by the Treatment Principles (Australian Participants in British Nuclear Tests) 2006 made under section 16 of the Australian Participants in British Nuclear Tests (Treatment) Act 2006;
                     (c)  the MRCA Treatment Principles made under section 286 of the Military Rehabilitation and Compensation Act 2004.
             (4)  Aged care or services (or similar care or services) that are provided under an arrangement made under Part V of the Veterans’ Entitlements Act 1986, and in relation to which the Commonwealth has made, or is to make, payments to the provider of the care or services, are prescribed.
5  Exemption for things done in direct compliance with prescribed laws
             (1)  For subsection 40(2B) of the Act, all laws of the Commonwealth, the States and the Territories, as in force on 1 August 2013, are prescribed.
Note:          Subsection 40(2B) provides for an exemption from Divisions 1 and 2 of Part II (prohibition of discrimination) of the Act as applying by reference to section 5A (sexual orientation), 5B (gender identity) or 5C (intersex status) of the Act. The exemption applies to things done in direct compliance with a prescribed law of the Commonwealth, a State or a Territory.
             (2)  This regulation ceases to have effect at the end of 31 July 2014 as if it had been repealed by another regulation.
2  Schedule
Repeal the Schedule.