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Contents (1977 - 48)
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Anti-Discrimination Act 1977 No 48
Current version for 8 December 2016 to date (accessed 23 September 2017 at 01:18)
Part 4A Division 4
Division 4 Exceptions to Part 4A
49P   Public health
Nothing in this Part renders unlawful discrimination against a person on the ground of disability if the disability concerned is an infectious disease and the discrimination is reasonably necessary to protect public health.
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.
49Q   Superannuation, insurance
Nothing in this Part renders unlawful discrimination against a person on the ground of disability in the terms or conditions appertaining to a superannuation or provident fund or scheme or with respect to the terms on which an annuity, a life assurance policy, an accident or insurance policy or other policy of insurance is offered or may be obtained, where:
(a)  the terms or conditions:
(i)  are based upon actuarial or statistical data on which it is reasonable to rely, and
(ii)  are reasonable having regard to the data and any other relevant factors, or
(b)  in a case where no such actuarial or statistical data is available and cannot reasonably be obtained—the terms or conditions are reasonable having regard to any other relevant factors,
and the source on which any data referred to in paragraph (a) is based is disclosed to the Tribunal, where the Tribunal so requires, and any other relevant factors to which regard has been had as referred to in paragraph (a) or (b) are disclosed to the Tribunal, where the Tribunal so requires.
49R   Sport
Nothing in this Part renders unlawful discrimination against a person on the ground of disability, being discrimination consisting of the exclusion of the person from a sporting activity:
(a)  if the person is not reasonably capable of performing the actions reasonably required in relation to the sporting activity, or
(b)  if the persons who participate or are to participate in the sporting activity are selected by a method which is reasonable on the basis of their skills and abilities relevant to the sporting activity and relative to each other, or
(c)  if the sporting activity is conducted only for persons who have a particular disability and the person does not have that disability.