51. Basis of assessment---(1) Subject to subsections (2) to (4) of
 this section, the Commissioner shall make the assessment on the basis of
 actual remuneration.

   (2) In making the assessment, the Commissioner---
   (a) Shall have regard to---
           (i) Any minimum rates of remuneration contained in any award
         or agreement; and
           (ii) Where appropriate, to any differences in remuneration
         between regions; and
   (b) May have regard to such statistical and other information as the
         Commissioner thinks fit; and
   (c) May rely on representative samples or other research methods.

   (3) The Commissioner, in forming his or her opinion under section 50
 (2) (b) of this Act,---
   (a) Shall use the relevant male comparator occupations as a guide; and
   (b) May, in the case of any particular assessment, have regard also to
         any extraordinary working conditions that apply in either---
           (i) The female occupation; or
           (ii) The male occupations used as comparators; and
   (c) Shall recognise differences in remuneration levels which can
         properly be attributed to recruitment and retention differences.

   (4) Where a pay equity assessment has been made in relation to a
 female occupation, the Commissioner shall make any second or subsequent
 pay equity assessment in relation to that female occupation or part
 thereof by taking into account only factors that have arisen since the
 immediately preceding pay equity assessment was made.