Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 58HB

  (1)   If:

  (a)   a determination has been referred to the Tribunal under section   46PY of the Australian Human Rights Commission Act 1986 ; and

  (b)   the Tribunal considers that the determination is a discriminatory determination;

the Tribunal must take the necessary action to remove the discrimination, by setting aside the determination, setting aside terms of the determination or varying the determination.

  (2)   In this section:

"determination" has the same meaning as in section   58HA.

"discriminatory determination" means a determination that:

  (a)   has been referred to the Tribunal under section   46PY of the Australian Human Rights Commission Act 1986 ; and

  (b)   requires a person to do an act that would be unlawful under Part   II of the Sex Discrimination Act 1984 except for the fact that the act would be done in direct compliance with the determination.

"Tribunal" has the same meaning as in section   58HA.

  (3)   For the purposes of the definition of discriminatory determination in subsection   (2), the fact that an act is done in direct compliance with the determination does not of itself mean that the act is reasonable.