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Contents (1977 - 48)
Anti-Discrimination Act 1977 No 48
Current version for 8 December 2016 to date (accessed 19 November 2017 at 04:45)
Part 4G Division 3
Division 3 Discrimination in other areas
49ZYL   Education
(1)  It is unlawful for an educational authority to discriminate against a person on the ground of age:
(a)  by refusing or failing to accept the person’s application for admission as a student, or
(b)  in the terms 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 age:
(a)  by denying or limiting access to any benefit provided by the educational authority, or
(b)  by expelling the student or subjecting the student to any other detriment.
(3)  Nothing in this section applies to or in respect of:
(a)  the admission of, or the refusal of admission to, a person to a school, college, university or other institution if the level of education or training sought by the person is provided only for students above a particular age, or
(b)  a private educational authority, or
(c)  an education authority prescribed by the regulations in relation to such circumstances (if any) as may be so prescribed.
(4)  Nothing in this section applies to or in respect of a refusal by an educational authority to enrol at a government school or registered non-government school a child who is not of or above the age of 6 years. In this subsection, registered non-government school has the same meaning as in the Education Reform Act 1990.
(5)  Nothing in this section applies to or in respect of benefits, including concessions, provided in good faith to a student by reason of his or her age.
49ZYM   (Repealed)
49ZYN   Provision of goods and services
(1)  It is unlawful for a person who provides, for payment or not, goods or services to discriminate against another person on the ground of age:
(a)  by refusing to provide the other person with those goods or services, or
(b)  in the terms on which the other person is provided with those goods or services.
(2)  Nothing in subsection (1) applies to or in respect of:
(a)  benefits, including concessions, provided in good faith to a person by reason of his or her age, or
(b)  holiday tours offered or provided to persons who are of a particular age or age group.
(3)  Nothing in this section renders it unlawful for a person to discriminate against a person on the ground of age in disposing of goods, or in providing services, by gift or will or in accordance with the terms of a gift or will.
49ZYO   Accommodation
(1)  It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of age:
(a)  by refusing the person’s application for accommodation, or
(b)  in the terms on which the principal or agent offers the other person accommodation, or
(c)  by deferring the other person’s application for accommodation or according the other person a lower order of precedence in any list of applicants for that accommodation.
(2)  It is unlawful for a person, whether as principal or agent, to discriminate against a person for whom accommodation has been provided on the ground of age:
(a)  in the terms or conditions on which accommodation is provided, or
(b)  by denying or limiting access to any benefit associated with accommodation, or
(c)  by evicting the person or subjecting the person to any other detriment.
(3)  Nothing in this section applies 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, in those premises, and
(b)  the accommodation provided in those premises is for no more than 6 persons, and
(c)  the accommodation is provided with a concession provided in good faith to a person by reason of the person’s age.
49ZYP   Registered clubs
(1)  It is unlawful for a registered club to discriminate against a person (not being a person under the age of 18 years) on the ground of age:
(a)  by refusing or failing to accept the person’s application for membership of the club, or
(b)  in the terms on which it is prepared to admit the person to membership of the club.
(2)  It is unlawful for a registered club to discriminate against a member of the registered club on the ground of age:
(a)  by denying or limiting access to any benefit provided by the club, or
(b)  by depriving the member of membership of the club or varying the terms of that membership, or
(c)  by subjecting the member to any other detriment.
(3)  Nothing in subsection (1) or (2) applies to or in respect of a registered club:
(a)  that has as its principal object the provision of benefits for persons who are of a particular age or age group, or
(b)  so as to prevent the retention by the club of different categories of membership for members of different ages or age groups.
(4)  In determining whether the principal object of a registered club is as referred to in subsection (3) (a), regard is to be had to:
(a)  the essential character of the club, and
(b)  the extent to which the affairs of the club are so conducted that the persons primarily enjoying the benefits of membership are of the relevant age or age group, and
(c)  any other relevant circumstance.