03 Age Discrimination Act 2003 (CTH)

Age Discrimination Act 2004
No. 68, 2004
Compilation No. 43
Compilation date: 6 September 2020
Includes amendments up to: Act No. 18, 2020
Registered: 23 September 2020
Prepared by the Office of Parliamentary Counsel, Canberra
Authorised Version C2020C00283 registered 23/09/2020

About this compilation
This compilation
This is a compilation of the Age Discrimination Act 2004 that shows the text of
the law as amended and in force on 6 September 2020 (the compilation date).
The notes at the end of this compilation (the endnotes) include information
about amending laws and the amendment history of provisions of the compiled
law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the
compiled law. Any uncommenced amendments affecting the law are accessible
on the Legislation Register (www.legislation.gov.au). The details of
amendments made up to, but not commenced at, the compilation date are
underlined in the endnotes. For more information on any uncommenced
amendments, see the series page on the Legislation Register for the compiled
law.
Application, saving and transitional provisions for provisions and
amendments
If the operation of a provision or amendment of the compiled law is affected by
an application, saving or transitional provision that is not included in this
compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see
the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as
modified but the modification does not amend the text of the law. Accordingly,
this compilation does not show the text of the compiled law as modified. For
more information on any modifications, see the series page on the Legislation
Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a
provision of the law, details are included in the endnotes.

Contents
Part 1—Preliminary 1
1 Short title ........................................................................................... 1
2 Commencement ................................................................................. 1
3 Objects............................................................................................... 1
4 Simplified outline .............................................................................. 2
5 Definitions ......................................................................................... 3
6 Age discrimination not to include disability discrimination .............. 6
7 Meaning of act—omission to act ....................................................... 6
8 Commonwealth taken to be employer ............................................... 6
Part 2—Application and constitutional provisions 7

9 Geographical application of Act ........................................................ 7
10 Application of Act—constitutional powers ....................................... 7
11 Compensation—constitutional safety net ........................................ 10
12 Operation of State and Territory laws .............................................. 11
13 Extent to which Act binds the Crown .............................................. 12
Part 3—Concept of age discrimination 13

14 Discrimination on the ground of age—direct discrimination........... 13
15 Discrimination on the ground of age—indirect
discrimination .................................................................................. 13
16 Act done because of age and for other reason ................................. 14
Part 4—Unlawful age discrimination 15

Division 1—Simplified outline 15
17 Simplified outline ............................................................................ 15
Division 2—Discrimination in work 16
18 Discrimination in employment ........................................................ 16
19 Discrimination against commission agents ...................................... 17
20 Discrimination against contract workers ......................................... 18
21 Partnerships ..................................................................................... 19
22 Qualifying bodies ............................................................................ 20
23 Registered organisations under the Fair Work (Registered
Organisations) Act 2009.................................................................. 21
24 Employment agencies ...................................................................... 22
25 Exemption for youth wages ............................................................. 23
Age Discrimination Act 2004 i
Compilation No. 43 Compilation date: 06/09/2020 Registered: 23/09/2020

Division 3—Discrimination in other areas 24
26 Education ......................................................................................... 24
27 Access to premises .......................................................................... 25
28 Goods, services and facilities .......................................................... 25
29 Accommodation .............................................................................. 26
30 Land................................................................................................. 27
31 Administration of Commonwealth laws and programs ................... 28
32 Requests for information ................................................................. 28
Division 4—General exemptions 30
33 Positive discrimination .................................................................... 30
34 Charities .......................................................................................... 30
35 Religious bodies .............................................................................. 31
36 Voluntary bodies ............................................................................. 31
37 Superannuation, insurance and credit—actuarial data etc. .............. 32
38 Superannuation legislation .............................................................. 33
39 Direct compliance with laws, orders etc. ......................................... 34
40 Taxation laws .................................................................................. 36
41 Pensions, allowances and benefits etc. ............................................ 36
41A Commonwealth employment programs ........................................... 38
42 Health .............................................................................................. 39
43 Migration and citizenship etc........................................................... 41
Division 5—Exemptions granted by Commission 42
44 Commission may grant exemptions ................................................. 42
45 Review by Administrative Appeals Tribunal................................... 43
46 Notice of decisions to be published ................................................. 43
47 Effect of exemptions........................................................................ 43
Part 5—Offences 44
Division 1—General rules relating to offences 44
48 Application of the Criminal Code ................................................... 44
49 Unlawful act not offence unless expressly provided........................ 44
Division 2—Specific offences 45
50 Advertisements ................................................................................ 45
51 Victimisation ................................................................................... 45
52 Failure to disclose source of actuarial or statistical data .................. 47
ii Age Discrimination Act 2004

Part 6—Functions of the Australian Human Rights
Commission 49
53 Functions of the Commission .......................................................... 49
Part 6A—Age Discrimination Commissioner 51

53A Age Discrimination Commissioner ................................................. 51
53B Terms and conditions of appointment ............................................. 51
53C Remuneration of Commissioner ...................................................... 51
53D Leave of absence ............................................................................. 52
53E Outside employment ........................................................................ 52
53F Resignation ...................................................................................... 52
53G Termination of appointment ............................................................ 52
53H Acting Commissioner ...................................................................... 53
Part 7—Miscellaneous 54
54 Power to require source of actuarial data or statistical data ............. 54
55 Delegation ....................................................................................... 54
56 Liability of persons involved in unlawful acts ................................. 54
57 Conduct by directors, employees and agents ................................... 54
58 Protection from civil actions ............................................................ 56
59 Unlawful act not basis of civil action unless expressly so
provided........................................................................................... 57
60 Non-disclosure of private information ............................................. 57
61 Regulations ...................................................................................... 59
Schedule 1—Laws for which an exemption is provided

by subsection 39(1) 60
Schedule 2—Provisions of laws for which an

exemption is provided by
subsection 39(1A) 63
Endnotes 65
Endnote 1—About the endnotes 65
Endnote 2—Abbreviation key 67
Endnote 3—Legislation history 68
Endnote 4—Amendment history 74
Age Discrimination Act 2004 iii

Preliminary Part 1
Section 1
An Act relating to discrimination on the ground of

age
Part 1—Preliminary
1 Short title
This Act may be cited as the Age Discrimination Act 2004.
2 Commencement
This Act commences on the day after it receives the Royal Assent.
3 Objects
The objects of this Act are:
(a) to eliminate, as far as possible, discrimination against persons
on the ground of age in the areas of work, education, access
to premises, the provision of goods, services and facilities,
accommodation, the disposal of land, the administration of
Commonwealth laws and programs and requests for
information; and
(b) to ensure, as far as practicable, that everyone has the same
rights to equality before the law, regardless of age, as the rest
of the community; and
(c) to allow appropriate benefits and other assistance to be given
to people of a certain age, particularly younger and older
persons, in recognition of their particular circumstances; and
(d) to promote recognition and acceptance within the community
of the principle that people of all ages have the same
fundamental rights; and
(e) to respond to demographic change by:
(i) removing barriers to older people participating in
society, particularly in the workforce; and
Age Discrimination Act 2004 1

Part 1 Preliminary
Section 4
(ii) changing negative stereotypes about older people;

bearing in mind the international commitment to eliminate
age discrimination reflected in the Political Declaration
adopted in Madrid, Spain on 12 April 2002 by the Second
World Assembly on Ageing.
4 Simplified outline
The following is a simplified outline of this Act:
• This Act makes it unlawful to discriminate on the ground of

age.
• This Act has effect subject to certain geographical and

constitutional limitations (see Part 2).
• Discrimination on the ground of age can be direct or indirect

(see Part 3).
• It is unlawful to discriminate on the ground of age in relation

to work (see Division 2 of Part 4) and certain other areas (see
Division 3 of Part 4).
• It is not unlawful to discriminate on the ground of age if a

particular exemption is applicable (see Divisions 4 and 5 of
Part 4).
• It is an offence to do certain things related to age

discrimination (see Part 5).
• Complaints can be made to the Commission about unlawful

discrimination (see the definition of unlawful discrimination
in subsection 3(1) of the Australian Human Rights
Commission Act 1986, and section 46P of that Act).
• Functions are given to the Commission (see Part 6).
2 Age Discrimination Act 2004

Preliminary Part 1
Section 5
• The Age Discrimination Commissioner is established (see

Part 6A).
• Provision is made for miscellaneous matters such as

delegation, protection from civil actions etc. (see Part 7).
5 Definitions
In this Act:
act has a meaning affected by section 7.
administrative office means:
(a) an office established by, or an appointment made under, a
law of the Commonwealth; and
(b) an office established by, or an appointment made under, a
law of a Territory; and
(c) an appointment made by the Governor-General or a Minister
otherwise than under a law of the Commonwealth or of a
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 Assembly, member of the
Executive, or Minister within the meaning of the Australian
Capital Territory (Self-Government) Act 1988; or
(f) 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; or
(h) an office or appointment in the Australian Public Service.
age includes age group.
Example: The reference in subsection 26(3) to students above a particular age
includes a reference to students above a particular age group.
Chief Executive Medicare has the same meaning as in the Human

Services (Medicare) Act 1973.

Part 1 Preliminary
Section 5
Commission means the Australian Human Rights Commission.

Commissioner means the Age Discrimination Commissioner
appointed under section 53A.
Commonwealth employee means a person who:
(a) is appointed or engaged under the Public Service Act 1999;
or
(b) holds an administrative office; or
(c) is employed by a public authority of the Commonwealth; or
(d) is employed under the Australian Security Intelligence
Organisation Act 1979 or the Commonwealth Electoral Act
1918; or
(e) is a member of the Defence Force; or
(f) is the Commissioner of the Australian Federal Police, a
Deputy Commissioner of the Australian Federal Police, an
AFP employee or a special member of the Australian Federal
Police (all within the meaning of the Australian Federal
Police Act 1979).
Commonwealth law means:
(a) an Act, regulation, or other instrument made under an Act; or
(b) an ordinance of a Territory, a regulation made under an
ordinance of a Territory, or another instrument made under
an ordinance of a Territory; or
(c) an order, determination or award made under a law
mentioned in paragraph (a) or (b).
discriminate has the meaning given by sections 14 and 15.
employment includes:
(a) part-time and temporary employment; and
(b) work under a contract for services; and
(c) work as a Commonwealth employee; and
(d) work as an employee of a State or an instrumentality of a
State.
function includes duty.

Preliminary Part 1
Section 5
instrumentality of a State means a body or authority established

for a public purpose by a law of a State and includes a local
government body.
premises includes:
(a) a structure, building, aircraft, vehicle or vessel; and
(b) a place (whether enclosed or built on or not); and
(c) a part of premises (including premises of a kind mentioned in
paragraph (a) or (b)).
President means President of the Commission.
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; or
(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 mentioned in paragraph (a) or (b), is in a
position to exercise control.
registered charity means an entity that is registered under the
Australian Charities and Not-for-profits Commission Act 2012 as
the type of entity mentioned in column 1 of item 1 of the table in
subsection 25-5(5) of that Act.
services includes:
(a) services relating to banking, insurance, superannuation and
the provision of grants, loans, credit or finance; or
(b) services relating to entertainment, recreation or refreshment;
or
(c) services relating to transport or travel; or
(d) services relating to telecommunications; or

Part 1 Preliminary
Section 6
(e) services of the kind provided by the members of any

profession or trade; or
(f) services of the kind provided by a government, a government
authority or a local government body.
State, except in subsections 10(10) and (11), includes the
Australian Capital Territory and the Northern Territory.
Territory, except in subsection 10(11) or in paragraph (c) of the
definition of administrative office in this section, does not include
the Australian Capital Territory or the Northern Territory.
this Act includes the regulations.
6 Age discrimination not to include disability discrimination

For the purposes of this Act, a reference to discrimination against a
person on the ground of the person’s age is taken not to include a
reference to discrimination against a person on the ground of a
disability of the person (within the meaning of the Disability
Discrimination Act 1992).
7 Meaning of act—omission to act

For the purposes of this Act, omitting to do an act is taken to be the
doing of an act and a reference to an act includes a reference to an
omission to do an act.
8 Commonwealth taken to be employer

For the purposes of this Act, the Commonwealth is taken to be the
employer of all Commonwealth employees.

Application and constitutional provisions Part 2
Section 9
Part 2—Application and constitutional provisions
9 Geographical application of Act

(1) In this section:
Australia includes the external Territories.
limited application provisions means the provisions of Divisions 2
and 3 of Part 4 (other than sections 23, 31 and 32).
(2) Subject to this section and section 10, this Act has effect
throughout Australia.
(3) Subject to section 10, the limited application provisions have effect
in relation to discrimination within Australia even if the
discrimination involves persons or things, or matters arising,
outside Australia.
10 Application of Act—constitutional powers

Australia includes the external Territories.
banking has the same meaning as in paragraph 51(xiii) of the
Constitution.
foreign corporation has the same meaning as in paragraph 51(xx)
of the Constitution.
insurance has the same meaning as in paragraph 51(xiv) of the
Constitution.
limited application provisions means the provisions of Divisions 2
and 3 of Part 4 (other than sections 23, 31 and 32).
State banking has the same meaning as in paragraph 51(xiii) of the
Constitution.

Part 2 Application and constitutional provisions
Section 10
State insurance has the same meaning as in paragraph 51(xiv) of

the Constitution.
trading or financial corporation has the same meaning as in
paragraph 51(xx) of the Constitution.
(2) The limited application provisions have effect as provided in
section 9 and the following provisions of this section and not
otherwise.
(3) Sections 18, 19 and 20 have effect in relation to discrimination
against:
(a) Commonwealth employees in connection with their
employment as Commonwealth employees; and
(b) persons seeking to become Commonwealth employees.
(4) Section 22 has effect in relation to discrimination by an authority
or body in the exercise of a power under a Commonwealth law to
confer, renew, extend, revoke or withdraw an authorisation or
qualification.
(5) This Act has effect in relation to acts done within a Territory.
(6) The limited application provisions have effect in relation to acts
done by, or on behalf of:
(a) the Commonwealth or the Administration of a Territory; or
(b) a body or authority established for a public purpose by a law
of the Commonwealth or a law of a Territory;
in the exercise of a power conferred by a law of the
Commonwealth or a law of a Territory.
(7) The limited application provisions have effect in relation to
discrimination against a person on the ground of age to the extent
that the provisions:
(a) give effect to the Discrimination (Employment and
Occupation) Convention, 1958 adopted by the General
Conference of the International Labour Organization on
25 June 1958 (a copy of the English text of which is set out

Section 10
in Schedule 1 to the Australian Human Rights Commission

Act 1986); or
(b) give effect to the International Covenant on Civil and
Political Rights (a copy of the English text of which is set out
in Schedule 2 to the Australian Human Rights Commission
Act 1986); or
(c) give effect to the International Covenant on Economic,
Social and Cultural Rights; or
(d) give effect to the Convention on the Rights of the Child; or
(e) relate to matters external to Australia; or
(f) relate to matters of international concern.
Note: In 2004, the text of the international instruments mentioned in this
subsection was available in the Australian Treaties Library of the
Department of Foreign Affairs and Trade, accessible through that
Department’s website.

discrimination:
(a) by a foreign corporation, or a trading or financial corporation
formed within the limits of the Commonwealth; or
(b) by a person in the course of the person’s duties or purported
duties as an officer or employee of such a corporation.
(9) Without limiting the effect of subsection (8), the limited
application provisions have effect in relation to discrimination:
(a) by a trading or financial corporation formed within the limits
of the Commonwealth; or
(b) by a person in the course of the person’s duties or purported
duties as an officer or employee of such a corporation;
to the extent that the discrimination takes place in the course of the
trading activities of the trading corporation or the financial
activities of the financial corporation, as the case may be.
discrimination in the course of, or in relation to, the carrying on of
the business of:

Section 11
(a) banking, other than State banking not extending beyond the
limits of the State concerned; or
(b) insurance, other than State insurance not extending beyond
the limits of the State concerned.
discrimination in the course of, or in relation to, trade or
commerce:
(a) between Australia and a place outside Australia; or
(b) among the States; or
(c) between a State and a Territory; or
(d) between 2 Territories.
11 Compensation—constitutional safety net

(1) If:
(a) the operation of this Act would result in the acquisition of
property otherwise than on just terms; and
(b) the acquisition would not be valid, apart from this section,
because a particular person has not been compensated;
the Commonwealth is liable to pay a reasonable amount of
compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount
of the compensation, the person may institute proceedings in the
Federal Court of Australia for the recovery from the
Commonwealth of such reasonable amount of compensation as the
Court determines.
acquisition of property has the same meaning as in
paragraph 51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of the
Constitution.

Section 12
12 Operation of State and Territory laws

(1) A reference in this section to this Act is a reference to this Act as it
has effect because of a provision of sections 9 and 10.
(2) A reference in this section to a law of a State or Territory is a
reference to a law of a State or Territory that deals with
discrimination on the ground of age.
(3) This Act is not intended to exclude or limit the operation of a law
of a State or Territory that is capable of operating concurrently
with this Act.
(4) If:
(a) a law of a State or Territory relating to discrimination deals
with a matter dealt with by this Act; and
(b) a person has made a complaint or initiated a proceeding
under that law in respect of an act in respect of which the
person would, apart from this subsection, have been entitled
to make a complaint under the Australian Human Rights
Commission Act 1986 alleging that the act is unlawful under
a provision of Part 4 of this Act;
the person is not entitled to make a complaint or institute a
proceeding under the Australian Human Rights Commission Act
1986 alleging that the act is unlawful under a provision of Part 4 of
this Act.
(5) If:
(a) a law of a State or Territory relating to discrimination deals
with a matter dealt with by this Act; and
(b) an act by a person that constitutes an offence against that law
also constitutes an offence against this Act;
the person may be prosecuted and convicted either under that law
of the State or Territory or under this Act
(6) Nothing in subsection (5) makes a person liable to be punished
more than once in respect of the same act.

Section 13
13 Extent to which Act binds the Crown

(1) This Act binds the Crown in right of the Commonwealth and of
each of the States.
(2) This Act does not make the Crown in right of the Commonwealth
or of a State liable to be prosecuted for an offence.

Concept of age discrimination Part 3
Section 14
Part 3—Concept of age discrimination
14 Discrimination on the ground of age—direct discrimination

For the purposes of this Act, a person (the discriminator)
discriminates against another person (the aggrieved person) on the
ground of the age of the aggrieved person if:
(a) the discriminator treats or proposes to treat the aggrieved
person less favourably than, in circumstances that are the
same or are not materially different, the discriminator treats
or would treat a person of a different age; and
(b) the discriminator does so because of:
(i) the age of the aggrieved person; or
(ii) a characteristic that appertains generally to persons of
the age of the aggrieved person; or
(iii) a characteristic that is generally imputed to persons of
the age of the aggrieved person.
15 Discrimination on the ground of age—indirect discrimination

(1) For the purposes of this Act, a person (the discriminator)
discriminates against another person (the aggrieved person) on the
ground of the age of the aggrieved person if:
(a) the discriminator imposes, or proposes to impose, a
condition, requirement or practice; and
(b) the condition, requirement or practice is not reasonable in the
circumstances; and
(c) the condition, requirement or practice has, or is likely to
have, the effect of disadvantaging persons of the same age as
the aggrieved person.
(2) For the purposes of paragraph (1)(b), the burden of proving that the
condition, requirement or practice is reasonable in the
circumstances lies on the discriminator.

Part 3 Concept of age discrimination
Section 16
16 Act done because of age and for other reason

(1) This section applies if:
(a) an act is done for 2 or more reasons; and
(b) one of the reasons (whether or not it is the dominant or a
substantial reason) is:
(i) the age of a person; or
(ii) a characteristic that appertains generally to persons of
the age of a person; or
(iii) a characteristic that is generally imputed to persons of
the age of a person.
(2) For the purposes of this Act, the act referred to in paragraph (1)(a)
is taken to be done because of the age of the person.

Unlawful age discrimination Part 4
Simplified outline Division 1
Section 17
Part 4—Unlawful age discrimination

Division 1—Simplified outline
17 Simplified outline
The following is a simplified outline of this Part:
• This Part makes it unlawful to discriminate against someone

on the ground of age in respect of the following:
(a) employment and related matters;
(b) education;
(c) access to premises;
(d) provision of goods, services and facilities;
(e) provision of accommodation;
(f) disposal of land;
(g) administration of Commonwealth laws and

programs;
(h) requests for information on which age

discrimination might be based.
• This discrimination is unlawful in the particular circumstances

set out in Divisions 2 and 3, unless one of the exemptions
applies as set out in Divisions 4 and 5.

Part 4 Unlawful age discrimination
Division 2 Discrimination in work
Section 18
Division 2—Discrimination in work
18 Discrimination in employment
(1) It is unlawful for an employer or a person acting or purporting to
act on behalf of an employer to discriminate against a person on
the ground of the other person’s age:
(a) in the arrangements made for the purpose of determining
who should be offered employment; or
(b) in determining who should be offered employment; or
(c) in the terms or conditions on which employment is offered.
(2) It is unlawful for an employer or a person acting or purporting to
act on behalf of an employer to discriminate against an employee
on the ground of the employee’s age:
(a) in the terms or conditions of employment that the employer
affords the employee; or
(b) by denying the employee access, or limiting the employee’s
access, to opportunities for promotion, transfer or training, or
to any other benefits associated with employment; or
(c) by dismissing the employee; or
(d) by subjecting the employee to any other detriment.
Exemption for domestic duties

(3) Paragraphs (1)(a) and (b) do not make it unlawful for a person to
discriminate against another person, on the ground of the other
person’s age, in connection with employment to perform domestic
duties on the premises on which the first-mentioned person resides.
Exemption for inherent requirements

(4) Paragraphs (1)(a), (1)(b) and (2)(c) do not make it unlawful for an
employer to discriminate against another person, on the ground of
the other person’s age, if the other person is unable to carry out the
inherent requirements of the particular employment because of his
or her age.

Discrimination in work Division 2
Section 19
(5) In deciding whether the other person is unable to carry out those
requirements because of his or her age, take into account:
(a) the other person’s past training, qualifications and experience
relevant to the particular employment; and
(b) if the other person is already employed by the employer—the
other person’s performance as an employee; and
(c) all other relevant factors that it is reasonable to take into
account.
19 Discrimination against commission agents

(1) It is unlawful for a principal to discriminate against a person on the
ground of the person’s age:
(a) in the arrangements the principal makes for the purpose of
determining who should be engaged as a commission agent;
or
(b) in determining who should be engaged as a commission
agent; or
(c) in the terms or conditions on which the person is engaged as
a commission agent.
(2) It is unlawful for a principal to discriminate against a commission
agent on the ground of the commission agent’s age:
(a) in the terms or conditions that the principal affords the
commission agent as a commission agent; or
(b) by denying the commission agent access, or limiting the
commission agent’s access, to opportunities for promotion,
transfer or training, or to any other benefits associated with
the position as a commission agent; or
(c) by terminating the engagement; or
(d) by subjecting the commission agent to any other detriment.

(3) Paragraphs (1)(a), (1)(b) and (2)(c) do not make it unlawful for a
principal to discriminate against another person, on the ground of
the other person’s age, if the other person is unable to carry out the

Section 20
inherent requirements of a commission agent because of his or her

age.
relevant to engagement as a commission agent; and
(b) if the other person is already engaged by the principal as a
commission agent—the other person’s performance as a
commission agent; and
account.
Definitions
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.
principal, in relation to a commission agent, means a person for
whom the commission agent does work as a commission agent.
20 Discrimination against contract workers

(1) It is unlawful for a principal to discriminate against a contract
worker on the ground of the contract worker’s age:
(a) in the terms or conditions on which the principal allows the
contract worker to work; or
(b) by not allowing the contract worker to work or continue to
work; or
(c) by denying the contract worker access, or limiting the
contract worker’s access, to any benefit associated with the
work in respect of which the contract with the employer is
made; or
(d) by subjecting the contract worker to any other detriment.

Section 21

(2) Paragraph (1)(b) does not make it unlawful for a principal to
discriminate against another person, on the ground of the other
person’s age, if the other person is unable to carry out the inherent
requirements of a contract worker because of his or her age.
relevant to working as a contract worker; and
(b) if the other person is already working for the principal as a
contract worker—the other person’s performance as a
contract worker; and
account.
Definitions
contract worker means a person who does work for another person
under a contract between the employer of the first-mentioned
person and that other person.
principal, in relation to a contract worker, means a person for
whom the contract worker does work under a contract between the
employer of the contract worker and the person.
21 Partnerships
(1) It is unlawful for 6 or more persons who are proposing to form
themselves into a partnership to discriminate against another
person on the ground of the other person’s age:
(a) in determining who should be invited to become a partner in
the partnership; or
(b) in the terms or conditions on which the other person is
invited to become a partner in the partnership.

Section 22
(2) It is unlawful for any one or more of the partners in a partnership

consisting of 6 or more partners to discriminate against another
person on the ground of the other person’s age:
(a) in determining who should be invited to become a partner in
the partnership; or
(b) in the terms or conditions on which the other person is
invited to become a partner in the partnership.
(3) It is unlawful for any one or more of the partners in a partnership
consisting of 6 or more partners to discriminate against another
partner in the partnership on the ground of the other partner’s age:
(a) by denying the other partner access, or limiting the other
partner’s access, to any benefit arising from being a partner
in the partnership; or
(b) by expelling the other partner from the partnership; or
(c) by subjecting the partner to any other detriment.

(4) Paragraphs (1)(a), (2)(a) and (3)(b) do not make it unlawful for a
person to discriminate against another person, on the ground of the
other person’s age, if the other person is unable to carry out the
inherent requirements of a partner (in the proposed partnership or
the partnership) because of his or her age.
relevant to the proposed partnership or the partnership; and
(b) if the other person is already a partner—the other person’s
performance as a partner; and
account.
22 Qualifying bodies
(1) It is unlawful for an authority or body that is empowered to confer,
renew, extend, revoke or withdraw an authorisation or qualification

Section 23
that is needed for or facilitates the practice of a profession, the

carrying on of a trade or the engaging in of an occupation to
discriminate against a person on the ground of the person’s age:
(a) by refusing or failing to confer, renew or extend the
authorisation or qualification; or
(b) in the terms or conditions on which it is prepared to confer
the authorisation or qualification or to renew or extend the
authorisation or qualification; or
(c) by revoking or withdrawing the authorisation or qualification
or varying the terms or the conditions upon which it is held.

(2) This section does not make it unlawful for an authority or body to
discriminate against a person, on the ground of the person’s age, if
the person is unable to carry out the inherent requirements of the
profession, trade or occupation because of his or her age.
(3) In deciding whether the person is unable to carry out those
(a) the person’s past training, qualifications and experience
relevant to the particular profession, trade or occupation; and
(b) if the person is already a member of the profession, carrying
on the trade or engaged in the occupation—the person’s
performance in the profession, trade or occupation; and
account.
23 Registered organisations under the Fair Work (Registered

Organisations) Act 2009
(1) It is unlawful for a registered organisation, the committee of
management of a registered organisation or a member of the
committee of management of a registered organisation to
discriminate against a person, on the ground of the person’s age:
(a) by refusing or failing to accept the person’s application for
membership; or

Section 24
(b) in the terms or conditions on which the organisation is

prepared to admit the person to membership.
(2) It is unlawful for a registered organisation, the committee of
management of a registered organisation or a member of the
committee of management of a registered organisation to
discriminate against a person who is a member of the registered
organisation, on the ground of the member’s age:
(a) by denying the member access or limiting the member’s
access, to any benefit provided by the organisation; or
(b) by depriving the member of membership or varying the terms
of membership; or
(c) by subjecting the member to any other detriment.
Definitions
committee of management, in relation to a registered organisation,
means the group or body of persons (however described) that
manages the affairs of that organisation, as the case may be.
registered organisation means an organisation registered, or an
association recognised, under the Fair Work (Registered
Organisations) Act 2009.
24 Employment agencies
(1) It is unlawful for an employment agency to discriminate against a
person on the ground of the person’s age:
(a) by refusing to provide the person with any of its services; or
(b) in the terms or conditions on which it offers to provide the
person with any of its services; or
(c) in the manner in which it provides the person with any of its
services.

Section 25

(2) This section does not make it unlawful for an employment agency
to discriminate against a person, on the ground of the person’s age,
if the person is unable to carry out the inherent requirements of the
work sought because of his or her age.
(3) In deciding whether the person is unable to carry out those
(a) the person’s past training, qualifications and experience
relevant to the work sought; and
(b) all other relevant factors that it is reasonable to take into
account.
Definition
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.
25 Exemption for youth wages

(1) This Division does not make it unlawful for a person to
discriminate against another person on the ground of the other
person’s age, in relation to youth wages:
(a) in the arrangements made for the purpose of determining
who should be offered work; or
(b) in determining who should be offered work; or
(c) in payment, or offer of payment, of remuneration for work.
youth wages means remuneration for persons who are under 21.

Division 3 Discrimination in other areas
Section 26
Division 3—Discrimination in other areas
26 Education
(1) It is unlawful for an educational authority to discriminate against a
person on the ground of the person’s age:
(a) by refusing or failing to accept the person’s application for
admission as a student; or
(b) in the terms or conditions on which it is prepared to admit the
person as a student.
(2) It is unlawful for an educational authority to discriminate against a
student on the ground of the student’s age:
(a) by denying the student access, or limiting the student’s
access, to any benefit provided by the educational authority;
or
(b) by expelling the student; or
(c) by subjecting the student to any other detriment.
Exemption for educational institutions established wholly or

primarily for students above a particular age
(3) This section does not make it unlawful to discriminate against a
person on the ground of the person’s age in respect of admission to
an educational institution established wholly or primarily for
students above a particular age, if the person is not above that age.
Definitions
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.

Discrimination in other areas Division 3
Section 27
27 Access to premises
It is unlawful for a person to discriminate against another person
on the ground of the other person’s age:
(a) by refusing to allow the other person access to, or the use of,
any premises that the public or a section of the public is
entitled or allowed to enter or use (whether for payment or
not); or
(b) in the terms or conditions on which the first-mentioned
person is prepared to allow the other person access to, or the
use of, any such premises; or
(c) in relation to the provision of means of access to such
premises; or
(d) by refusing to allow the other person the use of any facilities
in such premises that the public or a section of the public is
entitled or allowed to use (whether for payment or not); or
(e) in the terms or conditions on which the first-mentioned
person is prepared to allow the other person the use of any
such facilities; or
(f) by requiring the other person to leave such premises or cease
to use such facilities.
28 Goods, services and facilities

It is unlawful for a person who, whether for payment or not,
provides goods or services, or makes facilities available, to
person’s age:
(a) by refusing to provide the other person with those goods or
services or to make those facilities available to the other
person; or
(b) in the terms or conditions on which the first-mentioned
person provides the other person with those goods or services
or makes those facilities available to the other person; or
(c) in the manner in which the first-mentioned person provides
the other person with those goods or services or makes those
facilities available to the other person.

Section 29
29 Accommodation
(1) It is unlawful for a person, whether as principal or agent, to
person’s age:
(a) by refusing the other person’s application for
accommodation; or
(b) in the terms or conditions on which the accommodation is
offered to the other person; or
(c) by deferring the other person’s application for
accommodation or according to the other person a lower
order of precedence in any list of applicants for that
accommodation.
person’s age:
(a) by denying the other person access, or limiting the other
person’s access, to any benefit associated with
accommodation occupied by the other person; or
(b) by evicting the other person from accommodation occupied
by the other person; or
(c) by subjecting the other person to any other detriment in
relation to accommodation occupied by the other person.
Exemption for accommodation provider who is resident etc.

(3) This section does not apply to or in respect of the provision of
accommodation in premises if:
(a) the person who provides or proposes to provide the
accommodation or a near relative of that person resides, and
intends to continue to reside on those premises; and
(b) the accommodation provided in those premises is for no
more than 3 persons other than a person mentioned in
paragraph (a) or near relatives of such a person.

Section 30
Definitions
accommodation includes residential or business accommodation.
child: without limiting who is a child of a person for the purposes
of paragraph (a) of the definition of near relative in this
subsection, someone is the child of a person if he or she is a child
of the person within the meaning of the Family Law Act 1975.
de facto partner has the meaning given by the Acts Interpretation
Act 1901.
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 partner of the first-mentioned person
or of a person mentioned in paragraph (a).
parent: without limiting who is a parent of a person for the
purposes of paragraph (a) of the definition of near relative in this
subsection, someone is the parent of a person if the person is his or
her child because of the definition of child in this section.
Family relationships
(5) For the purposes of paragraph (a) of the definition of near relative
in subsection (4), if one person is the child of another person
because of the definition of child in that subsection, relationships
traced to or through the person are to be determined on the basis
that the person is the child of the other person.
30 Land
person’s age:
(a) by refusing or failing to dispose of an estate or interest in
land to the other person; or

Section 31
(b) in the terms or conditions on which an estate or interest in

land is offered to the other person.
Exemption for disposal by will or by way of gift

(2) This section does not apply in relation to a disposal of an estate or
interest in land by will or by way of gift.
31 Administration of Commonwealth laws and programs

(1) It is unlawful for a person who:
(a) performs any function or exercises any power under a
Commonwealth law or for the purposes of a Commonwealth
program; or
(b) has any other responsibility for the administration of a
Commonwealth law or the conduct of a Commonwealth
program;
to discriminate against another person on the ground of the other
person’s age in the performance of that function, the exercise of
that power or the fulfilment of that responsibility.
Definition
Commonwealth program means a program conducted by or on
behalf of the Commonwealth Government.
32 Requests for information

It is unlawful for a person (the first person) to request or require
another person (the other person) to provide information (whether
by way of completing a form or otherwise) if:
(a) the information is requested or required in connection with,
or for the purposes of, the first person doing a particular act;
and
(b) under Division 2 or this Division, it would be unlawful in
particular circumstances for the first person, in doing that act,

Section 32
to discriminate against the other person on the ground of the

other person’s age; and
(c) persons of a different age would not be requested or required
to provide the information in circumstances that are the same
or not materially different.

Division 4 General exemptions
Section 33
Division 4—General exemptions
33 Positive discrimination
This Part does not make it unlawful for a person to discriminate
against another person, on the ground of the other person’s age, by
an act that is consistent with the purposes of this Act, if:
(a) the act provides a bona fide benefit to persons of a particular
age; or
Example 1: This paragraph would cover a hairdresser giving a
discount to a person holding a Seniors Card or a similar card,
because giving the discount is an act that provides a bona fide
benefit to older persons.
Example 2: This paragraph would cover the provision to a particular
age group of a scholarship program, competition or similar
opportunity to win a prize or benefit.
(b) the act is intended to meet a need that arises out of the age of
persons of a particular age; or
Example: Young people often have a greater need for welfare
services (including information, support and referral) than other
people. This paragraph would therefore cover the provision of
welfare services to young homeless people, because such
services are intended to meet a need arising out of the age of such
people.
(c) the act is intended to reduce a disadvantage experienced by
people of a particular age.
Example: Older people are often more disadvantaged by
retrenchment than are other people. This paragraph would
therefore cover the provision of additional notice entitlements for
older workers, because such entitlements are intended to reduce a
disadvantage experienced by older people.
34 Charities
This Part does not:
(a) affect a provision (whether made before or after the
commencement of this Part) of the governing rules (within
the meaning of the Australian Charities and Not-for-profits

General exemptions Division 4
Section 35
Commission Act 2012) of a registered charity, if the

provision:
(i) confers benefits for charitable purposes; or
(ii) enables such benefits to be conferred;
wholly or in part on persons of a particular age; or
(b) make unlawful any act done to give effect to such a
provision.
35 Religious bodies
This Part does not affect an act or practice of a body established for
religious purposes that:
(a) conforms to the doctrines, tenets or beliefs of that religion; or
(b) is necessary to avoid injury to the religious sensitivities of
adherents of that religion.
36 Voluntary bodies
(1) This Part does not make it unlawful for a voluntary body to
discriminate against a person, on the ground of the person’s age, in
connection with:
(a) the admission of persons as members of the body; or
(b) the provision of benefits, facilities or services to members of
the body.
registered organisation means an organisation registered, or an
association recognised, under the Fair Work (Registered
Organisations) Act 2009.
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 registered organisation; or
(b) a body established by a law of the Commonwealth, of a State
or of a Territory; or

Section 37
(c) an association that provides grants, loans, credit or finance to

its members.
37 Superannuation, insurance and credit—actuarial data etc.
Superannuation and insurance

(1) Subsections (2) and (3) apply to the following:
(a) an annuity;
(b) a life insurance policy;
(c) a policy of insurance against accident or any other policy of
insurance;
(d) membership of a superannuation or provident fund;
(e) membership of a superannuation or provident scheme.
(2) This Part does not make it unlawful for a person to discriminate
against another person, on the ground of the other person’s age:
(a) in respect of the terms or conditions on which the annuity,
policy or membership is offered to, or may be obtained by,
the other person; or
(b) by refusing to offer the annuity, policy or membership to the
other person;
if the condition in subsection (3) is satisfied.
(3) The condition is satisfied if:
(a) the discrimination:
(i) is based upon actuarial or statistical data on which it is
reasonable for the first-mentioned person to rely; and
(ii) is reasonable having regard to the matter of the data and
other relevant factors; or
Note: The Commission and the President can require the disclosure of
the source of the actuarial or statistical data (see section 54).
(b) in a case where no such actuarial or statistical data is
available and cannot reasonably be obtained—the
discrimination is reasonable having regard to any other
relevant factors.

Section 38
Credit
against another person, on the ground of the other person’s age:
(a) in respect of the terms or conditions on which credit is
provided to, or may be obtained by, the other person; or
(b) by refusing to offer credit to the other person;
if the condition in subsection (5) is satisfied.
(5) The condition is satisfied if the discrimination:
(a) is based upon actuarial or statistical data on which it is
reasonable for the first-mentioned person to rely; and
(b) is reasonable having regard to the matter of the data.
Note: The Commission and the President can require the disclosure of
the source of the actuarial or statistical data (see section 54).
38 Superannuation legislation
(1) This Part does not make unlawful anything done by a person in
direct compliance with:
(a) a Commonwealth Act (or a provision of a Commonwealth
Act) relating to superannuation; or
(b) a regulation or any other instrument (or a provision of a
regulation or instrument) that:
(i) relates to superannuation; and
(ii) is made under a Commonwealth Act.
(2) This Part does not make unlawful anything done by an exempt
public sector superannuation scheme (within the meaning of the
Superannuation Industry (Supervision) Act 1993) in accordance
with an Act of the Commonwealth, a State or a Territory, or a trust
deed, by or under which the scheme is established.

Section 39
39 Direct compliance with laws, orders etc.
Acts, regulations and instruments covered by Schedule 1

(a) an Act mentioned in Schedule 1; or
(b) a regulation or any other instrument covered by Schedule 1.
Provisions of Acts, regulations and instruments covered by

Schedule 2
(1A) This Part does not make unlawful anything done by a person in
direct compliance with a provision of an Act, regulation or other
instrument if the provision is covered by Schedule 2.
Other Acts or regulations—2 year exemption period

(2) This Part does not make unlawful anything done by a person, in
direct compliance with any other Commonwealth Act or
regulation, during the period:
(a) beginning on the day on which this Act commences; and
(b) ending 2 years after that day.
(3) To avoid doubt, subsection (2) does not affect the operation of any
other provision in this Division.
State and Territory Acts, regulations and instruments

(a) an Act of a State or Territory; or
(b) a regulation or any other instrument made under an Act of a
State or Territory.
(5) Subsection (4) does not apply in relation to an Act, regulation or
other instrument of a State or Territory if the Act, regulation or
instrument is specified in regulations made for the purposes of this
subsection.

Section 39
(6) To avoid doubt, section 14 of the Legislation Act 2003 does not
prevent a regulation made for the purposes of subsection (5) from
specifying an Act, regulation or instrument as in force at a
particular time or as in force from time to time.
Court orders
direct compliance with an order of a court.
Workplace relations
direct compliance with any of the following:
(a) an order, determination or award of a court or tribunal having
power to fix minimum wages;
(b) an instrument (an industrial instrument) that is:
(i) a fair work instrument (within the meaning of the Fair
Work Act 2009); or
(ii) a transitional instrument or Division 2B State
instrument (within the meaning of the Fair Work
(Transitional Provisions and Consequential
Amendments) Act 2009).
Note: A person does not comply with an industrial instrument for the
purpose of this subsection if that person purports to comply with
a provision of that instrument that has no effect. Accordingly, the
exemption under this subsection for acting in direct compliance
with such an instrument would not apply in such circumstances.
Service of documents
direct compliance with a provision of a Commonwealth Act,
regulation or other instrument merely because the provision
requires a person to form an opinion about the age of another
person upon whom a document is to be served.

Section 40
40 Taxation laws
This Part does not make unlawful anything done by a person in
direct compliance with a taxation law (within the meaning of the
Income Tax Assessment Act 1997).
41 Pensions, allowances and benefits etc.

(a) the A New Tax System (Family Assistance) Act 1999; or
(b) the A New Tax System (Family Assistance) (Administration)
Act 1999; or
(c) the Child Support (Assessment) Act 1989; or
(d) the Child Support (Registration and Collection) Act 1988; or
(e) the Defence Service Homes Act 1918; or
(f) the Disability Services Act 1986; or
(fa) the Military Rehabilitation and Compensation Act 2004; or
(fb) the Military Rehabilitation and Compensation
(Consequential and Transitional Provisions) Act 2004; or
(fba) the National Disability Insurance Scheme Act 2013; or
(fc) the Safety, Rehabilitation and Compensation
(Defence-related Claims) Act 1988; or
(g) the Social Security Act 1991; or
(h) the Social Security (Administration) Act 1999; or
(i) the Social Security (International Agreements) Act 1999; or
(j) the Veterans’ Entitlements Act 1986.
direct compliance with a regulation under an Act mentioned in
paragraph (1)(a), (b), (c), (d), (f), (g), (h) or (i).
direct compliance with guidelines in force under paragraph 169(a)
of the A New Tax System (Family Assistance) (Administration) Act
1999.

Section 41
(2AA) This Part does not make unlawful anything done by a person in
direct compliance with section 8, 16 or 21, Division 8 of Part 2, or
Part 5, of the Farm Household Support Act 2014.
(2B) This Part does not make unlawful anything done by a person in
direct compliance with a regulation, scheme or other instrument
under the Military Rehabilitation and Compensation Act 2004 or
the Military Rehabilitation and Compensation (Consequential and
Transitional Provisions) Act 2004.
(2C) This Part does not make unlawful anything done by a person in
direct compliance with a regulation, rule or other instrument under
the National Disability Insurance Scheme Act 2013.
direct compliance with the CDEP Scheme (within the meaning of
the Social Security Act 1991).
direct compliance with guidelines in force under paragraph 209(a)
of the Social Security (Administration) Act 1999.
direct compliance with a determination in force under
paragraph 88A(1)(c) of the Veterans’ Entitlements Act 1986.
direct compliance with the Approved Guide to the Assessment of
Rates of Veterans’ Pensions (within the meaning of the Veterans’
Entitlements Act 1986).
direct compliance with the Veterans’ Children Education Scheme
(within the meaning of the Veterans’ Entitlements Act 1986).

Section 41A
41A Commonwealth employment programs

(1) This Part does not make an exempted employment program
unlawful.
Example: A Commonwealth program that provides young people with an
opportunity to get work experience with a view to improving their
prospects of getting employment would be covered by this subsection.
accordance with an exempted employment program.
exempted employment program means a program, scheme or
arrangement that:
(a) is conducted by or on behalf of the Commonwealth
Government; and
(b) is primarily intended to:
(i) improve the prospects of participants getting
employment; or
(ii) increase workforce participation; and
(c) meets at least one of the following requirements:
(i) it is also intended to meet a need that arises out of the
age of persons of a particular age, regardless whether
the need also arises out of the age of persons of a
different age;
(ii) it is also intended to reduce a disadvantage experienced
by people of a particular age, regardless whether the
disadvantage is also experienced by persons of a
different age;
(iii) it requires participants to enter into contracts, and is not
made available to persons under the age of 18;
(iv) it is made available to persons eligible for a particular
Commonwealth benefit or allowance;
(v) it is not made available to persons eligible for a
particular Commonwealth benefit or allowance.

Section 42
42 Health
Exempted health programs

(1) This Part does not make an exempted health program (see
subsection (6)) unlawful.
Example: A program for providing free influenza vaccines to older people,
based on evidence showing that older people are at greater risk of
complications as a result of influenza than are people of different ages,
would be covered by this subsection.
accordance with an exempted health program.
Example: A person providing free influenza vaccines to older people in
accordance with an exempted health program would be covered by
this subsection.
Individual decisions—health or medical goods or services

against another person, on the ground of the other person’s age, by
taking the other person’s age into account in making a decision
relating to health goods or services or medical goods or services, if:
(a) taking the other person’s age into account in making the
decision is reasonably based on evidence, and professional
knowledge, about the ability of persons of the other person’s
age to benefit from the goods or services; and
(b) the decision is not in accordance with an exempted health
program.
Note: The exemption in subsection (2) covers anything done by a
person in accordance with an exempted health program.
(4) The evidence mentioned in paragraph (3)(a) is the evidence that

was reasonably available at the time the decision was made.
Administration of certain health legislation

relation to the administration of:

Section 42
(a) the Health Insurance Act 1973, or a regulation or any other

instrument made under that Act, to the extent that the thing
done relates to:
(i) the release of, or the giving of access to, information
held by the Chief Executive Medicare; or
(ii) the issue of a medicare card; or
(b) the National Health Act 1953, or a regulation or any other
instrument made under that Act, to the extent that the thing
done relates to the release of, or the giving of access to,
information held by the Chief Executive Medicare; or
(c) the Therapeutic Goods Act 1989, or a regulation or any other
instrument made under that Act.
Definitions
evidence includes medical, clinical and scientific evidence.
exempted health program means a program, scheme or
arrangement that:
(a) relates to health goods or services or medical goods or
services; and
(b) to the extent that it applies to people of a particular age, is
reasonably based on evidence of effectiveness, and on cost (if
cost has been taken into account in relation to the program,
scheme or arrangement).
The evidence of effectiveness mentioned in paragraph (b) is
evidence that is reasonably available from time to time about
matters (such as safety, risks, benefits and health needs) that:
(c) affect people of the age mentioned in that paragraph (if no
comparable evidence is reasonably available from time to
time in relation to people of a different age); or
(d) affect people of the age mentioned in that paragraph in a
different way to people of a different age (in all other cases).

Section 43
medicare card has the meaning given by subsection 84(1) of the

National Health Act 1953.
43 Migration and citizenship etc.

relation to the administration of:
(a) the Migration Act 1958; or
(b) the Immigration (Guardianship of Children) Act 1946; or
(c) a regulation or any other instrument made under either of
those Acts.
(a) the Australian Citizenship Act 2007; or
(b) the Immigration (Education) Act 1971.

Division 5 Exemptions granted by Commission
Section 44
Division 5—Exemptions granted by Commission
44 Commission may grant exemptions

(1) The Commission may, on application by:
(a) a person:
(i) on that person’s own behalf; or
(ii) on behalf of that person and another person or other
persons; or
(iii) on behalf of another person or other persons; or
(b) 2 or more persons:
(i) on their own behalf; or
(ii) on behalf of themselves and another person or other
persons; or
(iii) on behalf of another person or other persons;
by instrument, grant to the person or persons to whom the
application relates, as the case may be, an exemption from the
operation of a provision of Division 2 or 3, as specified in the
instrument.
(2) The Commission may, on application by a person to, or in respect
of, whom an exemption from a provision of Division 2 or 3 has
been granted under subsection (1), being an application made
before the expiration of the period to which the exemption was
granted, grant a further exemption from the operation of that
provision.
(3) An exemption granted under this section:
(a) may be granted subject to such terms and conditions as are
specified in the instrument; and
(b) may be expressed to apply only in such circumstances, or in
relation to such activities, as are specified in the instrument;
and
(c) is to be granted for a specified period not exceeding 5 years.

Exemptions granted by Commission Division 5
Section 45
45 Review by Administrative Appeals Tribunal

An application may be made to the Administrative Appeals
Tribunal for a review of a decision made by the Commission under
section 44.
46 Notice of decisions to be published

(1) The Commission, not later than one month after it makes a
decision under section 44, is to cause to be published in the Gazette
a notice of the making of the decision:
(a) setting out its findings on material questions of facts; and
(b) referring to the evidence on which those findings were based;
and
(c) giving the reasons for the making of the decision; and
(d) containing a statement to the effect that, subject to the
Administrative Appeals Tribunal Act 1975, application may
be made to the Administrative Appeals Tribunal for a review
of the decision to which the notice relates by or on behalf of
any person or persons whose interests are affected by the
decision.
(2) Any failure to comply with the requirements of subsection (1) in
relation to a decision does not affect the validity of the decision.
47 Effect of exemptions
This Part does not make it unlawful for:
(a) a person who has been granted an exemption from a
provision of Division 2 or 3; or
(b) a person in the employment or under the direction or control
of a person who has been granted such an exemption;
to do an act in accordance with the provisions of the instrument by
which the exemption was granted.

Part 5 Offences
Division 1 General rules relating to offences
Section 48
Part 5—Offences
Division 1—General rules relating to offences
48 Application of the Criminal Code

Part 2.5 of Chapter 2 of the Criminal Code does not apply to
offences against this Act.
Note: Part 2.5 of Chapter 2 of the Criminal Code sets out the general
principles of corporate criminal responsibility.
49 Unlawful act not offence unless expressly provided

Except as expressly provided by this Part, nothing in this Act
makes it an offence to do an act that is unlawful because of a
provision of Division 2 or 3 of Part 4.

Offences Part 5
Specific offences Division 2
Section 50
Division 2—Specific offences
50 Advertisements
(1) A person commits an offence if:
(a) the person publishes or displays an advertisement or notice,
or causes or permits an advertisement or notice to be
published or displayed; and
(b) the advertisement or notice is published or displayed
(whether or not to the public):
(i) in a newspaper or other publication; or
(ii) by television or radio; or
(iii) by display of notices, signs, labels, show cards or goods;
or
(iv) by distribution of samples, circulars, catalogues, price
lists or other material; or
(v) by exhibition of pictures, models or films; or
(vi) in any other way; and
(c) the advertisement indicates, or could reasonably be
understood as indicating, an intention to do an act; and
(d) that act would be unlawful under Part 4.
Penalty: 10 penalty units.
Note: Complaints can be made to the Commission about conduct that is an
offence under this subsection (see the definition of unlawful
discrimination in subsection 3(1) of the Australian Human Rights
(2) Strict liability applies to paragraph (1)(c).

Note: For strict liability, see section 6.1 of the Criminal Code.
51 Victimisation
Victimisation—actual detriment
(1) A person (the first person) commits an offence if:

Part 5 Offences
Division 2 Specific offences
Section 51
(a) the first person engages in conduct; and

(b) the first person’s conduct causes detriment to another person
(the second person); and
(c) the first person intends that his or her conduct cause
detriment to the second person; and
(d) the detriment is caused without the consent of the second
person; and
(e) the first person engages in his or her conduct because he or
she believes that:
(i) the second person has made, or proposes to make, a
complaint under the Australian Human Rights
Commission Act 1986; or
(ii) the second person has brought, or proposes to bring,
proceedings under the Australian Human Rights
Commission Act 1986 against any person; or
(iii) the second person has given, or proposes to give, any
information, or has produced, or proposes to produce,
any documents to a person exercising or performing any
power or function under this Act or the Australian
Human Rights Commission Act 1986; or
(iv) the second person has attended, or proposes to attend, a
conference held under the Australian Human Rights
(v) the second person has appeared, or proposes to appear,
as a witness in a proceeding under this Act or the
Australian Human Rights Commission Act 1986; or
(vi) the second person has reasonably asserted, or proposes
to assert, any rights of the person or the rights of any
other person under this Act or the Australian Human
Rights Commission Act 1986; or
(vii) the second person has made an allegation that a person
has done an act that is unlawful by reason of a provision
of Part 4 of this Act.
Penalty: Imprisonment for 6 months.

Offences Part 5
Specific offences Division 2
Section 52

Victimisation—threat of detriment
(2) A person (the first person) commits an offence if:
(a) the first person makes to another person (the second person)
a threat to cause detriment to the second person or to a third
person; and
(b) the first person:
(i) intends the second person to fear that the threat will be
carried out; or
(ii) is reckless as to causing the second person to fear that
the threat will be carried out; and
(c) the first person makes the threat because he or she believes in
a matter mentioned in paragraph (1)(e).
Penalty: Imprisonment for 6 months.
(3) For the purposes of subsection (2), a threat may be:

(a) express or implied; or
(b) conditional or unconditional.
(4) In a prosecution for an offence against subsection (2), it is not
necessary to prove that the person threatened actually feared that
the threat would be carried out.
52 Failure to disclose source of actuarial or statistical data

(1) A person commits an offence if:
(a) the President or the Commission gives the person a notice in
writing under subsection 54(2), requiring the person to
disclose the source of actuarial or statistical data; and

Part 5 Offences
Division 2 Specific offences
Section 52
(b) the person does not comply with the requirement within 28
days after being given the notice.
Penalty: 10 penalty units.
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to the matter in
subsection (2) (see subsection 13.3(3) of the Criminal Code).
(3) Subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.
(4) Subsection 4K(2) of the Crimes Act 1914 does not apply to
subsection (1).

Functions of the Australian Human Rights Commission Part 6
Section 53
Part 6—Functions of the Australian Human Rights

Commission
53 Functions of the Commission

(1) The following functions are conferred on the Commission:
(a) to exercise the powers conferred on it by section 44;
(b) to promote an understanding and acceptance of, and
compliance with, this Act;
(c) to undertake research and educational programs, and other
programs, on behalf of the Commonwealth for the purpose of
promoting the objects of this Act;
(d) to examine enactments, and (when requested to do so by the
Minister) proposed enactments, for the purpose of
ascertaining whether the enactments or proposed enactments
are, or would be, inconsistent with or contrary to the objects
of this Act, and to report to the Minister the results of any
such examination;
(e) on its own initiative or when requested by the Minister, to
report to the Minister as to the laws that should be made by
the Parliament, or action that should be taken by the
Commonwealth, on matters relating to discrimination on the
ground of age;
(f) to prepare, and to publish in the manner the Commission
considers appropriate, guidelines for avoiding discrimination
on the ground of age;
(g) where the Commission thinks it appropriate to do so, with the
leave of the court hearing the proceedings and subject to any
conditions imposed by the court, to intervene in proceedings
that involve issues of discrimination on the ground of age;
(h) to do anything incidental or conducive to the performance of
any of the preceding functions.

Part 6 Functions of the Australian Human Rights Commission
Section 53
Note: For the provisions about inquiries into complaints of discrimination

and conciliation of those complaints: see Part IIB of the Australian
Human Rights Commission Act 1986.

enactment has the same meaning as in the Australian Human
Rights Commission Act 1986.
proposed enactment has the same meaning as in the Australian
Human Rights Commission Act 1986.

Age Discrimination Commissioner Part 6A
Section 53A
Part 6A—Age Discrimination Commissioner
53A Age Discrimination Commissioner

(1) There is to be an Age Discrimination Commissioner, who is to be
appointed by the Governor-General by written instrument.
Note: The Age Discrimination Commissioner is eligible for reappointment:
see the Acts Interpretation Act 1901.
(2) A person may only be appointed as the Age Discrimination

Commissioner if the Minister is satisfied that the person has
appropriate qualifications, knowledge or experience.
53B Terms and conditions of appointment

(1) The Commissioner holds office for the period specified in the
instrument of appointment. The period must not exceed 7 years.
(2) The Commissioner holds office on a full-time basis.
(3) The Commissioner holds office on the terms and conditions (if
any), in relation to matters not covered by this Act, that are
determined by the Governor-General.
53C Remuneration of Commissioner

(1) The Commissioner is to be paid the remuneration that is
determined by the Remuneration Tribunal. If no determination of
that remuneration by the Tribunal is in operation, the
Commissioner is to be paid the remuneration that is prescribed by
the regulations.
(2) The Commissioner is to be paid the allowances that are prescribed
by the regulations.
(3) This section has effect subject to the Remuneration Tribunal Act
1973.

Part 6A Age Discrimination Commissioner
Section 53D
53D Leave of absence

(1) The Commissioner has the recreation leave entitlements that are
determined by the Remuneration Tribunal.
(2) The Minister may grant the Commissioner leave of absence, other
than recreation leave, on the terms and conditions as to
remuneration or otherwise that the Minister determines.
53E Outside employment

The Commissioner must not engage in paid employment outside
the duties of his or her office without the Minister’s approval.
53F Resignation
(1) The Commissioner may resign his or her appointment by giving
the Governor-General a written resignation.
(2) The resignation takes effect on the day it is received by the
Governor-General or, if a later day is specified in the resignation,
on that later day.
53G Termination of appointment

(1) The Governor-General may terminate the appointment of the
Commissioner for misbehaviour or physical or mental incapacity.
(2) The Governor-General must terminate the appointment of the
Commissioner if:
(a) the Commissioner:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of
bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the
benefit of his or her creditors; or

Age Discrimination Commissioner Part 6A
Section 53H
(b) the Commissioner is absent, except on leave of absence, for

14 consecutive days or for 28 days in any 12 months; or
(c) the Commissioner engages, except with the Minister’s
approval, in paid employment outside the duties of his or her
office (see section 53E).
53H Acting Commissioner

The Minister may, by written instrument, appoint a person to act as
Commissioner:
(a) during a vacancy in the office of Commissioner (whether or
not an appointment has previously been made to the office);
or
(b) during any period, or during all periods, when the
Commissioner:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the functions of the
office.
Note: For rules that apply to acting appointments, see sections 33AB and
33A of the Acts Interpretation Act 1901.

Part 7 Miscellaneous
Section 54
Part 7—Miscellaneous
54 Power to require source of actuarial data or statistical data

(1) Subsection (2) applies if a person has acted in a way that would,
apart from paragraph 37(3)(a) or subsection 37(5), be unlawful
under Part 4.
(2) The President or the Commission may give the person a notice in
writing, as prescribed, requiring the person to disclose to the
President or to the Commission, as the case may be, the source of
the actuarial or statistical data on which the act of discrimination
was based.
Note: Failure to comply with the requirement is an offence under section 52.
55 Delegation
The Commission may, by writing under its seal, delegate all or any
of the powers conferred on it under this Act to:
(a) the Commissioner or another member of the Commission; or
(b) a member of the staff of the Commission; or
(c) another person or body of persons.
56 Liability of persons involved in unlawful acts

A person who causes, instructs, induces, aids or permits another
person to do an act that is unlawful under Part 4 is, for the purposes
of this Act, taken also to have done the act.
57 Conduct by directors, employees and agents
Bodies corporate
(1) If, for the purposes of this Act, it is necessary to establish the state
of mind of a body corporate in relation to particular conduct, it is
sufficient to show:

Miscellaneous Part 7
Section 57
(a) that the conduct was engaged in by a director, employee or

agent of the body corporate within the scope of his or her
actual or apparent authority; and
(b) that the director, employee or agent had the state of mind.
(2) Any conduct engaged in on behalf of a body corporate by a
director, employee or agent of the body corporate within the scope
of his or her actual or apparent authority is taken, for the purposes
of this Act, to have been engaged in also by the body corporate
unless the body corporate establishes that the body corporate took
reasonable precautions and exercised due diligence to avoid the
conduct.
Persons other than bodies corporate

(3) If, for the purposes of this Act, it is necessary to establish the state
of mind of a person other than a body corporate in relation to a
particular conduct, it is sufficient to show:
(a) that the conduct was engaged in by an employee or agent of
the person within the scope of his or her actual or apparent
authority; and
(b) that the employee or agent had the state of mind.
(4) Any conduct engaged in on behalf of a person other than a body
corporate by an employee or agent of the person within the scope
of his or her actual or apparent authority is taken, for the purposes
of this Act, to have been engaged in also by the first-mentioned
person unless the first-mentioned person establishes that the
first-mentioned person took reasonable precautions and exercised
due diligence to avoid the conduct.
(5) If:
(a) a person other than a body corporate is convicted of an
offence; and
(b) the person would not have been convicted of the offence if
subsections (3) and (4) had not been enacted;
the person is not liable to be punished by imprisonment for that
offence.

Section 58
Interpretation
(6) A reference in subsection (1) or (3) to the state of mind of a person
includes a reference to:
(a) the knowledge, intention, opinion, belief or purpose of the
person; and
(b) the person’s reasons for the intention, opinion, belief or
purpose.
(7) A reference in this section to a director of a body corporate
includes a reference to a constituent member of a body corporate
incorporated for a public purpose by a law of the Commonwealth,
of a State or of a Territory.
(8) A reference in this section to engaging in conduct includes a
reference to failing or refusing to engage in conduct.
58 Protection from civil actions

(1) The Commission, the Commissioner or another member of the
Commission, or a person acting for or on behalf of the Commission
or the Commissioner or another member of the Commission, is not
liable to an action or other proceeding for damages for or in
relation to an act done in good faith:
(a) in performance or purported performance of any function
conferred on the Commission; or
(b) in exercise or purported exercise of any power conferred on
the Commission.
(2) Subsection (3) applies if a submission has been made, a document
or information has been given, or evidence has been given, to the
Commission or to a person acting for or on behalf of the
Commission.
(3) A person is not liable to an action, suit or proceeding in respect of
loss, damage or injury of any kind suffered by another person by
reason only that the submission was made, the document or
information was given or the evidence was given.

Section 59
59 Unlawful act not basis of civil action unless expressly so provided

(1) This Act does not confer on a person a right of action in respect of
the doing of an act that is unlawful under a provision of Part 4
unless a provision of this Act expressly provides otherwise.
(2) For the purposes of subsection (1), a reference to an act that is
unlawful under a provision of Part 4 includes a reference to an act
that is an offence under a provision of Part 5.
60 Non-disclosure of private information

(1) A person bound by this section because of office, employment or
authorisation must not, either directly or indirectly:
(a) make a record of, or divulge or communicate to any person,
any information relating to the affairs of another person
acquired by the first-mentioned person because of that
person’s office or employment under or for the purposes of
this Act or because of that person being or having been so
authorised; or
(b) make use of any such information as is mentioned in
paragraph (a); or
(c) produce to any person a document relating to the affairs of
another person given for the purposes of this Act.
Penalty: Imprisonment for 2 years.
(2) A person bound by this section because of office, employment or
authorisation must not be required:
(a) to divulge or communicate to a court any information
relating to the affairs of another person acquired by the
first-mentioned person because of that person’s office or
employment under or for the purposes of this Act or because
of that person being or having been so authorised; or
(b) to produce in a court a document relating to the affairs of
another person of which the first-mentioned person has
custody, or to which that person has access, because of that
person’s office or employment under or for the purposes of

Section 60
this Act or because of that person being or having been so

authorised;
except where it is necessary to do so for the purposes of this Act.
(3) This section does not prohibit a person from:
(a) making a record of information that is required or permitted
by an Act to be recorded, if the record is made for the
purposes of or under that Act; or
(b) divulging or communicating information, or producing a
document, to any person in accordance with an arrangement
in force under section 16 of the Australian Human Rights
(c) divulging or communicating information, or producing a
document that is required or permitted by an Act to be
divulged, communicated or produced as the case may be, if
the information is divulged or communicated, or the
document is produced, for the purposes of or under that Act.
Note: A defendant bears an evidential burden in relation to a matter in
(4) Subsection (1) does not prevent a person from making a record of,
divulging, communicating or making use of information, or
producing a document, if the person does so:
(a) in the performance of a duty under or in connection with this
Act; or
(b) in the performance or exercise of a function or power
conferred on the Commission under this Act.
Note: A defendant bears an evidential burden in relation to the matter in
(5) Subsection (2) does not prevent a person from being required, for
the purposes of or under an Act, to divulge or communicate
information, or to produce a document, that is required or
permitted by that Act to be divulged, communicated or produced.

Section 61
court includes any tribunal, authority or person having power to

require the production of documents or the answering of questions.
person bound by this section because of office, employment or
authorisation means a person who is, or has at any time been:
(a) the Commissioner or another member of the Commission; or
(b) a member of the staff assisting the Commission; or
(c) a person authorised to perform or exercise any function or
power of the Commission or any function or power for or on
behalf of the Commission, being a function or power
conferred on the Commission under this Act.
produce includes permit access to.
61 Regulations
The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.

Schedule 1 Laws for which an exemption is provided by subsection 39(1)
Schedule 1—Laws for which an exemption is

provided by subsection 39(1)
Laws for which an exemption is provided by subsection 39(1)

Item Law
3 Aboriginal Land Grant (Jervis Bay Territory) Act 1986
4 Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987
5 Aboriginal Land Rights (Northern Territory) Act 1976
6 Administrative Appeals Tribunal Act 1975
8 Prescribed regulations made under the Airports Act 1996
9 Auditor-General Act 1997
10 Australian Hearing Services Act 1991
11 Regulations made under the Australian Hearing Services Act 1991
12 Australian Institute of Aboriginal and Torres Strait Islander Studies
Act 1989
13 Australian Law Reform Commission Act 1996
15 Australian War Memorial Regulations 1983
15A Civil Aviation Orders (within the meaning of the Civil Aviation Act 1988)
15B Civil Aviation Regulations 1988
15C Civil Aviation Safety Regulations 1998
15D The Designated Aviation Medical Examiner’s Handbook (within the
meaning of Part 67 of the Civil Aviation Safety Regulations 1998)
16 Classification (Publications, Films and Computer Games) Act 1995
16A Classification guidelines made under section 12 of the Classification
(Publications, Films and Computer Games) Act 1995
16B The National Classification Code (within the meaning of the Classification
(Publications, Films and Computer Games) Act 1995)
17 Commonwealth Electoral Act 1918
18 Corporations Act 2001
18A Corporations (Aboriginal and Torres Strait Islander) Act 2006
19 Crimes Act 1914
20 Criminal Code Act 1995

Laws for which an exemption is provided by subsection 39(1) Schedule 1

Item Law
21 Defence Act 1903
21A Determinations made under section 58B of the Defence Act 1903
22 Defence Force Discipline Appeals Act 1955
23 Defence Instructions (within the meaning of the Defence Act 1903)
25 Family Law Act 1975
25A Fair Work Act 2009
25B Fair Work (Registered Organisations) Act 2009
25C Fair Work (Transitional Provisions and Consequential Amendments)
Act 2009
26 Federal Circuit Court of Australia Act 1999
27 Health Insurance Act 1973
28 Hearing Services Administration Act 1997
29 Inspector-General of Intelligence and Security Act 1986
30 Marriage Act 1961
31 Motor Vehicle Standards Regulations 1989
32 National Health Act 1953
32A National Anti-Doping Scheme (within the meaning of the Sport Integrity
Australia Act 2020)
32B National Redress Scheme for Institutional Child Sexual Abuse Act 2018
33 Native Title Act 1993
34A The following instruments made under subsection 425(1AA) of the
Navigation Act 1912:
(a) Marine Orders Part 3;
(b) Marine Orders Part 6;
(c) Marine Orders Part 9;
(d) Marine Orders Part 14;
(e) Marine Orders Part 32;
(f) Marine Orders Part 51;
(g) Marine Orders Part 53.
36 Ombudsman Act 1976
37 Regulations made under the Papua New Guinea (Members of the Forces
Benefits) Act 1957

Schedule 1 Laws for which an exemption is provided by subsection 39(1)

Item Law
38 Parliamentary injury compensation scheme (within the meaning of the
Parliamentary Business Resources Act 2017)
39 Public Service Act 1999
40 Radiocommunications Act 1992
41 Referendum (Machinery Provisions) Act 1984
42 Rules made under the Road Vehicle Standards Act 2018
43 Safety, Rehabilitation and Compensation Act 1988
43A Safety, Rehabilitation and Compensation (Defence-related Claims) Act
1988
44 Seafarers Rehabilitation and Compensation Act 1992
45 Therapeutic Goods Act 1989
46 Therapeutic Goods (Medical Devices) Regulations 2002
47 Therapeutic Goods Regulations 1990

Provisions of laws for which an exemption is provided by subsection 39(1A) Schedule
2
Schedule 2—Provisions of laws for which an

exemption is provided by
subsection 39(1A)
Provisions of laws for which an exemption is provided by subsection 39(1A)

Item Law Provision(s)
1 Australian Meat and Live-stock Industry (Repeals and items 38 and 39 of
Consequential Provisions) Act 1997 Schedule 5
2 Australian Passports Act 2005 section 11
3 Australian Passports Determination 2005 section 5.1 and
Schedule 4
3AA Regulations made under the Defence Act 1903 prescribed
provisions
3A Dental Benefits Act 2008 section 5 and
Part 4
4 Horticulture Marketing and Research and sections 37 and 38
Development Services (Repeals and Consequential
Provisions) Act 2000
5 Long Service Leave (Commonwealth Employees) section 17
Act 1976
8 Regulations and Marine Orders made under the regulations made
Navigation Act 2012 for the purposes of
paragraph 29(2)(d)
of the Navigation
Act 2012 or a
Marine Order
made with respect
to the matter in
that paragraph
9 Pig Industry Act 2001 sections 32 and 33

Schedule 2 Provisions of laws for which an exemption is provided by subsection
39(1A)
Provisions of laws for which an exemption is provided by subsection 39(1A)

Item Law Provision(s)
9A Private Health Insurance Act 2007 sections 22-15 and
22-25, Part 2-3,
subsection 63-5(4)
and paragraph
66-5(2)(a),
because of the
reason mentioned
in paragraph
66-5(3)(ea)
10 Private Health Insurance (Complying Product) Rules rules made for the
made under the Private Health Insurance Act 2007 purposes of the
reason mentioned
in paragraph
66-5(3)(ea) of the
Private Health
Insurance Act
2007

Endnotes
Endnote 1—About the endnotes
Endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that
has amended (or will amend) the compiled law. The information includes
commencement details for amending laws and details of any application, saving
or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at
the provision (generally section or equivalent) level. It also includes information
about any provision of the compiled law that has been repealed in accordance
with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make
editorial and presentational changes to a compiled law in preparing a
compilation of the law for registration. The changes must not change the effect
of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief
outline of the changes in general terms. Full details of any changes can be
obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe
the amendment to be made. If, despite the misdescription, the amendment can

Endnotes
be given effect as intended, the amendment is incorporated into the compiled

law and the abbreviation “(md)” added to the details of the amendment included
in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the
abbreviation “(md not incorp)” is added to the details of the amendment
included in the amendment history.

Endnotes
ad = added or inserted o = order(s)

am = amended Ord = Ordinance
amdt = amendment orig = original
c = clause(s) par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x /sub-subparagraph(s)
Ch = Chapter(s) pres = present
def = definition(s) prev = previous
Dict = Dictionary (prev…) = previously
disallowed = disallowed by Parliament Pt = Part(s)
Div = Division(s) r = regulation(s)/rule(s)
ed = editorial change reloc = relocated
exp = expires/expired or ceases/ceased to have renum = renumbered
effect rep = repealed
F = Federal Register of Legislation rs = repealed and substituted
gaz = gazette s = section(s)/subsection(s)
LA = Legislation Act 2003 Sch = Schedule(s)
LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given SLI = Select Legislative Instrument
effect SR = Statutory Rules
(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)
cannot be given effect SubPt = Subpart(s)
mod = modified/modification underlining = whole or part not
No. = Number(s) commenced or to be commenced

Endnotes
Act Number Assent Commencement Application,

and year saving and
transitional
provisions
Age Discrimination Act 68, 2004 22 June 23 June 2004 (s 2)

2004 2004
Age Discrimination 40, 2004 21 Apr Sch 2 (items 1–21): Sch. 2 (items 18, 19,
(Consequential 2004 never commenced 21)
Provisions) Act 2004 (s 2(1) item 5)
Military Rehabilitation 52, 2004 27 Apr Sch 3 (items 7A, 7B): —
and Compensation 2004 1 July 2004 (s 2(1)
(Consequential and item 5)
Transitional Provisions)
Act 2004
Human Services 111, 2005 6 Sept 2005 Sch 2 (items 82, 83): 1 —
Legislation Amendment Oct 2005 (s 2(1) item 7)
Act 2005
Australian Sports 7, 2006 7 Mar 2006 Sch 1 (items 2, 3) and Sch 2 (items 13–19)
Anti-Doping Authority Sch 2 (items 13–19): 13
(Consequential and Mar 2006 (s 2(1) item 2)
Act 2006
Age Discrimination 63, 2006 22 June 22 June 2006 (s 2) —
Amendment Act 2006 2006
Corporations (Aboriginal 125, 2006 4 Nov 2006 Sch 1 (items 88, 89): —
and Torres Strait 1 July 2007 (s 2(1)
Islander) Consequential, item 2))
Transitional and Other
Measures Act 2006
Australian Citizenship 21, 2007 15 Mar Sch 1 (item 2) and Sch 3 Sch 3 (items 14, 16)
(Transitionals and 2007 (items 14, 16): 1 July
Consequentials) Act 2007 (s 2(1) item 2)
2007

Endnotes

and year saving and
transitional
provisions
Private Health Insurance 32, 2007 30 Mar Sch 2 (item 1): 1 Apr —
(Transitional Provisions 2007 2007 (s 2(1) item 5)
and Consequential Sch 2 (item 2): 1 July
Amendments) Act 2007 2008 (s 2(1) item 6)
Farm Household Support 60, 2007 15 Apr Sch 2 (item 17): 15 Apr —
Amendment Act 2007 2007 2007 (s 2)
Dental Benefits 42, 2008 25 June Sch 1 (item 1): 26 June —
(Consequential 2008 2008 (s 2(1) item 2)
Amendments) Act 2008
Statute Law Revision 73, 2008 3 July 2008 Sch 3 (item 25): 3 July —
Act 2008 2008 (s 2(1) item 63)
Same-Sex Relationships 144, 2008 9 Dec 2008 Sch 2 (items 4–8): 10 —
(Equal Treatment in Dec 2008 (s 2(1) item 5)
Commonwealth Laws—
General Law Reform)
Act 2008
Fair Work (State 54, 2009 25 June Sch 5 (items 1–3, 60– —
Referral and 2009 64): 1 July 2009 (s 2(1)
Consequential and Other items 11, 13)
Private Health Insurance 66, 2009 1 July 2009 Sch 1 (item 1): 1 July —
Legislation Amendment 2009 (s 2(1) item 2)
Act 2009
Disability 70, 2009 8 July 2009 Sch 1 and Sch 3 Sch 1 (item 2)
Discrimination and (items 1–13): 5 Aug
Other Human Rights 2009 (s 2(1) items 2, 7)
Legislation Amendment
Act 2009
Fair Work Amendment 124, 2009 9 Dec 2009 Sch 2 (item 122): 1 Jan —
(State Referrals and 2010 (s 2(1) item 10)
Other Measures) Act
2009

Endnotes

and year saving and
transitional
provisions
Statute Law Revision 8, 2010 1 Mar 2010 Sch 5 (item 1): 1 Mar —
Act 2010 2010 (s 2(1) item 31)
Human Services 32, 2011 25 May Sch 4 (items 16–18): —
Legislation Amendment 2011 1 July 2011 (s 2(1)
Act 2011 item 3)
Sex and Age 40, 2011 20 June Sch 2 (items 1–6): —
Discrimination 2011 29 July 2011 (s 2(1)
Legislation Amendment item 3)
Act 2011
Family Assistance and 79, 2011 25 July Sch 4 (items 1, 2): —
Other Legislation 2011 26 July 2011 (s 2(1)
Amendment (Child Care item 5)
and Other Measures) Act
2011
Fairer Private Health 26, 2012 4 Apr 2012 Sch 1 (items 1, 48(1)): Sch 1 (item 48(1))
Insurance Incentives Act 1 July 2012 (s 2(1)
2012 item 2)
Navigation 129, 2012 13 Sept Sch 2 (item 6): 1 July —
(Consequential 2012 2013 (s 2(1) item 2)
Statute Law Revision 136, 2012 22 Sept Sch 4 (items 1–3, 50): 22 Sch 4 (item 50)
Act 2012 2012 Sept 2012 (s 2(1)
item 35)
Australian Charities and 169, 2012 3 Dec 2012 Sch 2 (items 143–145): —
Not-for-profits 3 Dec 2012 (s 2(1)
Commission item 7)
(Consequential and
Transitional) Act 2012
Federal Circuit Court of 13, 2013 14 Mar Sch 1 (item 26): 12 Apr —
Australia (Consequential 2013 2013 (s 2(1) item 2)

Endnotes

and year saving and
transitional
provisions
National Disability 44, 2013 28 May Sch 2 (items 4, 5): —

Insurance Scheme 2013 29 May 2013 (s 2(1)
Legislation Amendment item 12)
Act 2013
Charities (Consequential 96, 2013 28 June Sch 1 (item 4): 1 Jan —
Amendments and 2013 2014 (s 2(1) item 2)
Act 2013
Farm Household Support 13, 2014 28 Mar Sch 2 (item 3): 1 July —
(Consequential and 2014 2014 (s 2(1) item 3)
Act 2014
Norfolk Island 59, 2015 26 May Sch 1 (items 184–203): Sch 1 (items 184–
Legislation Amendment 2015 27 May 2015 (s 2(1) 203) and Sch 2
Act 2015 item 3) (items 356–396)
Sch 1 (item 91) and
Sch 2 (items 356–396):
18 June 2015 (s 2(1)
items 2, 6)
Sch 2 (items 44, 45):
1 July 2016 (s 2(1)
item 5)
as amended by
Territories Legislation 33, 2016 23 Mar Sch 2: 24 Mar 2016 —
Amendment Act 2016 2016 (s 2(1) item 2)
Acts and Instruments 126, 2015 10 Sept Sch 1 (item 6): 5 Mar —
(Framework Reform) 2015 2016 (s 2(1) item 2)
(Consequential
Provisions) Act 2015
Defence Legislation 164, 2015 2 Dec 2015 Sch 2 (items 1–4, 80): Sch 2 (item 80)
Amendment (First 1 July 2016 (s 2(1)
Principles) Act 2015 item 2)

Endnotes

and year saving and
transitional
provisions
Parliamentary 16, 2016 8 Mar 2016 Sch 2: 9 May 2016 —

Entitlements (s 2(1) item 2)
Amendment (Injury
Compensation Scheme)
Act 2016
Parliamentary Business 38, 2017 19 May Sch 1 (item 22) and Sch Sch 3 (items 1–5, 8,
Resources 2017 3 (items 1–5, 8, 11): 11)
(Consequential and 1 Jan 2018 (s 2(1)
Transitional Provisions) items 3, 5)
Act 2017
Safety, Rehabilitation 108, 2017 14 Sept Sch 3 (items 2, 3): 12 —
and Compensation 2017 Oct 2017 (s 2(1) item 5)
Legislation Amendment
(Defence Force) Act
2017
Prime Minister and 2, 2018 20 Feb Sch 3 (item 3): 21 Feb —
Cabinet Legislation 2018 2018 (s 2(1) item 1)
Amendment (2017
Measures No. 1) Act
2018
National Redress 46, 2018 21 June Sch 5: 1 July 2018 —
Scheme for Institutional 2018 (s 2(1) item 1)
Child Sexual Abuse
(Consequential
Private Health Insurance 101, 2018 21 Sept Sch 2 (items 3, 4): 1 Apr Sch 4
Legislation Amendment 2018 2019 (s 2(1) item 2)
Act 2018 Sch 4: 22 Sept 2018 (s
2(1) item 4)
Office of National 156, 2018 10 Dec Sch 2 (item 3) and Sch 4: Sch 4
Intelligence 2018 20 Dec 2018 (s 2(1)
(Consequential and items 2, 4)
Act 2018

Endnotes

and year saving and
transitional
provisions
Road Vehicle Standards 164, 2018 10 Dec Sch 4 (item 1): 11 Dec —
(Consequential and 2018 2018 (s 2(1) item 4)
Transitional Provisions) Sch 4 (item 16): awaiting
Act 2018 commencement (s 2(1)
item 6)
Medical and Midwife 105, 2019 28 Nov Sch 2 (items 17, 20): Sch 2 (item 20)
Indemnity Legislation 2019 1 July 2020 (s 2(1)
Amendment Act 2019 item 2)
Australian Sports 11, 2020 6 Mar 2020 Sch 2 (item 1) and Sch 4 Sch 4 (items 2–7)
Anti-Doping Authority (items 2–7): 1 July 2020
Amendment (Sport (s 2(1) items 2, 5)
Integrity Australia) Act
2020
Statute Update 18, 2020 6 Mar 2020 Sch 1 (items 1–10): 6 —
(Regulations References) Sept 2020 (s 2(1) item 1)
Act 2020
Number and year FRLI registration Commencement Application, saving

and transitional
provisions
50, 2006 17 Mar 2006 Sch 30: 27 Mar 2006 —

(F2006L00820) (r 2(b))

Endnotes
Provision affected How affected
Part 1
s 4 ..................................................
am No 70, 2009; No 40, 2011
s 5 ..................................................
am No 54, 2009; No 70, 2009; No 32, 2011; No 40, 2011; No 169, 2012;
No 59, 2015; No 164, 2015
Part 2
s 10 ................................................
am No 70, 2009; No 8, 2010
s 12 ................................................
am No 70, 2009
s 13 ................................................
am No 59, 2015
Part 3
s 16 ................................................
rs No 70, 2009
Part 4
Division 2
s 23 ................................................
am No 54, 2009
Division 3
s 29 ................................................
am No 144, 2008
Division 4
s 33 ................................................
am No 63, 2006
s 34 ................................................
am No 169, 2012; No 96, 2013
s 36 ................................................
am No 54, 2009
s 38 ................................................
am No 63, 2006
s 39 ................................................
am SLI No 50, 2006; No 63, 2006; No 54, 2009; No 70, 2009; No 124,
2009; No 126, 2015; No 18, 2020
s 41 ................................................
am No 52, 2004; No 63, 2006; No 60, 2007; No 79, 2011; No 44, 2013;
No 13, 2014; No 108, 2017
s 41A .............................................
ad No 63, 2006
s 42 ................................................
am No 111, 2005; No 32, 2011
s 43 ................................................
am No 21, 2007

Endnotes
Provision affected How affected
Part 5
Division 2
s 50 ................................................
am No 70, 2009
s 51 ................................................
am No 70, 2009
Part 6
Part 6 heading ................................
rs No 70, 2009
s 53 ................................................
am No 70, 2009
Part 6A
Part 6A ..........................................
ad No 40, 2011
s 53A .............................................
ad No 40, 2011
s 53B .............................................
ad No 40, 2011
s 53C .............................................
ad No 40, 2011
s 53D .............................................
ad No 40, 2011
s 53E..............................................
ad No 40, 2011
s 53F ..............................................
ad No 40, 2011
s 53G .............................................
ad No 40, 2011
s 53H .............................................
ad No 40, 2011
am No 136, 2012
Part 7
s 55 ................................................
am No 40, 2011
s 58 ................................................
am No 40, 2011
s 60 ................................................
am No 70, 2009; No 40, 2011
Schedule 1
Schedule 1 .....................................
am No 7, 2006; No 63, 2006; No 125, 2006; No 73, 2008; No 54, 2009;
No 26, 2012; No 13, 2013; No 164, 2015; No 16, 2016; No 38, 2017; No
108, 2017; No 2, 2018; No 46, 2018; No 156, 2018; No 164, 2018 (Sch 4
item 16); No 11, 2020; No 18, 2020
Schedule 2
Schedule 2 .....................................
ad No 63, 2006
am No 32, 2007; No 42, 2008; No 66, 2009; No 129, 2012; No 101,
2018; No 105, 2019; No 18, 2020

03 Age Discrimination Act 2003 (CTH)

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03 Age Discrimination Act 2003 (CTH)

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Age Discrimination Act 2004

No. 68, 2004

Compilation date: 6 September 2020

Includes amendments up to: Act No. 18, 2020

Registered: 23 September 2020

Prepared by the Office of Parliamentary Counsel, Canberra

Authorised Version C2020C00283 registered 23/09/2020

Authorised Version C2020C00283 registered 23/09/2020

Part 2—Application and constitutional provisions 7

Part 3—Concept of age discrimination 13

Part 4—Unlawful age discrimination 15

Age Discrimination Act 2004 i

Compilation No. 43 Compilation date: 06/09/2020 Registered: 23/09/2020

Authorised Version C2020C00283 registered 23/09/2020

ii Age Discrimination Act 2004

Compilation No. 43 Compilation date: 06/09/2020 Registered: 23/09/2020

Authorised Version C2020C00283 registered 23/09/2020

Part 6A—Age Discrimination Commissioner 51

Schedule 1—Laws for which an exemption is provided

Schedule 2—Provisions of laws for which an

Age Discrimination Act 2004 iii

Compilation No. 43 Compilation date: 06/09/2020 Registered: 23/09/2020

Authorised Version C2020C00283 registered 23/09/2020

An Act relating to discrimination on the ground of

Age Discrimination Act 2004 1

Compilation No. 43 Compilation date: 06/09/2020 Registered: 23/09/2020

Authorised Version C2020C00283 registered 23/09/2020

(ii) changing negative stereotypes about older people;

• This Act makes it unlawful to discriminate on the ground of

• This Act has effect subject to certain geographical and

• Discrimination on the ground of age can be direct or indirect

• It is unlawful to discriminate on the ground of age in relation

• It is not unlawful to discriminate on the ground of age if a

• It is an offence to do certain things related to age

• Complaints can be made to the Commission about unlawful

• Functions are given to the Commission (see Part 6).

2 Age Discrimination Act 2004

Compilation No. 43 Compilation date: 06/09/2020 Registered: 23/09/2020

Authorised Version C2020C00283 registered 23/09/2020

• The Age Discrimination Commissioner is established (see

• Provision is made for miscellaneous matters such as

Chief Executive Medicare has the same meaning as in the Human

Age Discrimination Act 2004 3

Compilation No. 43 Compilation date: 06/09/2020 Registered: 23/09/2020

Authorised Version C2020C00283 registered 23/09/2020

Commission means the Australian Human Rights Commission.

4 Age Discrimination Act 2004

Compilation No. 43 Compilation date: 06/09/2020 Registered: 23/09/2020

Authorised Version C2020C00283 registered 23/09/2020

instrumentality of a State means a body or authority established

Age Discrimination Act 2004 5

Compilation No. 43 Compilation date: 06/09/2020 Registered: 23/09/2020

Authorised Version C2020C00283 registered 23/09/2020

(e) services of the kind provided by the members of any

6 Age discrimination not to include disability discrimination

7 Meaning of act—omission to act

8 Commonwealth taken to be employer

6 Age Discrimination Act 2004

Compilation No. 43 Compilation date: 06/09/2020 Registered: 23/09/2020