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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 19:17)
Part 4G Division 4
Division 4 Exceptions to Part 4G
49ZYQ   Legal capacity and welfare of children
Nothing in this Part:
(a)  affects the operation of a law that relates to the legal capacity or the legal entitlements, obligations or disqualifications of persons who are under 18 years of age, or
(b)  affects the operation of a law the object of which is to protect the welfare of those persons, including provisions of the criminal law that are designed to protect them.
49ZYR   Special needs programs and activities
Nothing in this Part applies to or in respect of anything done to afford persons who are of a particular age or age group access to facilities, services or opportunities to meet their special needs or to promote equal or improved access for them to facilities, services and opportunities.
49ZYS   Superannuation
(1)  Nothing in this Part renders unlawful discrimination against a person on the ground of age in the terms or conditions appertaining to a superannuation or provident fund or scheme if, subject to subsection (2), one or more of the following apply:
(a)  the discrimination occurs because of the application of a standard in force under the Occupational Superannuation Standards Act 1987, or a requirement under the Superannuation Industry (Supervision) Act 1993, of the Commonwealth,
(b)  the discrimination is required in order to comply with, or obtain a benefit of, or avoid a penalty under, any other Act of the Commonwealth,
(c)  the discrimination is based on actuarial or statistical data from a source on which it is reasonable to rely,
(d)  if there is no data of a kind referred to in paragraph (c), the discrimination is based on such other data as may be available and on which it is reasonable to rely,
(e)  if none of the above apply, the discrimination is reasonable having regard to any other relevant factors,
(f)  the discrimination is based on an existing condition and relates to a person who became a member of the fund or scheme before the commencement of this section or not more than 12 months after that commencement, or happens not more than 12 months after that commencement.
(2)  An exemption under subsection (1) (c)–(e) is available only if the sources on which the data are based and those relevant factors (if any) are disclosed to the Tribunal, if the Tribunal so requires.
(3)  This section has effect despite section 54 (1) (d).
49ZYT   Provision of insurance
Nothing in this Part renders unlawful discrimination on the ground of age the terms on which any annuity, life assurance policy or accident or insurance policy or any other kind of insurance is offered or may be obtained if:
(a)  those terms:
(i)  are based on actuarial or statistical data from a source on which it is reasonable to rely or, if there are no such data, on such other data as may be available, and
(ii)  are reasonable having regard to the data and any other relevant factors, and
(b)  the sources on which the data are based and those relevant factors (if any) are disclosed to the Tribunal, if the Tribunal so requires.
49ZYU   Credit applications
Nothing in this Part renders unlawful discrimination against a person on the ground of age with respect to the criteria on which an application for credit is assessed or the terms on which credit is offered or may be obtained if:
(a)  those criteria or terms:
(i)  are based on actuarial or statistical data from a source on which it is reasonable to rely or, if there are no such data, on such other data as may be available, and
(ii)  are reasonable having regard to the data and any other relevant factors, and
(b)  the sources on which the data are based and those relevant factors (if any) are disclosed to the Tribunal, if the Tribunal so requires.
49ZYV   Safety procedures
Nothing in this Part renders unlawful discrimination against a person on the ground of age with respect to:
(a)  the manner in which fitness to control a vehicle or a class of vehicle is assessed, or
(b)  the terms and conditions on which and the length of time during which a licence to drive or ride a vehicle is provided or made available,
as the case requires, if that manner is, or those terms and conditions and length of time are, imposed in order to meet safety considerations that are reasonable in the circumstances.
49ZYW   Sport
(1)  Nothing in this Part renders unlawful the exclusion of persons of particular ages from participation in any sporting activity.
(2)  Subsection (1) does not apply:
(a)  to the coaching of persons engaged in any sporting activity, or
(b)  to the administration of any sporting activity, or
(c)  to any sporting activity prescribed by the regulations for the purposes of this section.
49ZYX   Certain activities or matters may be prescribed to be lawful
Nothing in this Part renders unlawful any activity or matter declared to be lawful by regulation made for the purposes of this Part.
49ZYY   Operation of Part 4E not affected
Nothing in this Part affects the operation of Part 4E.