An Act to amend the Anti-Discrimination Act 1977 with respect to its application to persons addicted to prohibited drugs.
1 Name of Act
This Act is the Anti-Discrimination Amendment (Drug Addiction) Act 2002.
2 Commencement
This Act commences on the date of assent.
3 Amendment of Anti-Discrimination Act 1977 No 48
The Anti-Discrimination Act 1977 is amended as set out in Schedule 1.
Schedule 1 Amendment
(Section 3)
Section 49PA
Insert after section 49P:49PA Persons addicted to prohibited drugs(1) This section applies to the provisions of Division 2 (Discrimination in work), other than sections 49H, 49I and 49J.(2) Nothing in those provisions renders unlawful discrimination against a person on the ground of disability if:(a) the disability relates to the person’s addiction to a prohibited drug, and(b) the person is actually addicted to a prohibited drug at the time of the discrimination.(3) However, nothing in this section makes it lawful to discriminate against a person on the ground of the person having hepatitis C, HIV infection or any medical condition other than addiction to a prohibited drug.(4) In this section:prohibited drug means a prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985, but does not include:(a) methadone or buprenorphine, or(b) any other drug that is declared by the regulations not to be a prohibited drug for the purposes of this section.