Age Discrimination Amendment Act 2006

No. 63, 2006

An Act to amend the Age Discrimination Act 2004, and for related purposes

[Assented to 22 June 2006]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Age Discrimination Amendment Act 2006.

2 Commencement

This Act commences on the day on which it receives the Royal Assent.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendment of the Age Discrimination Act 2004

Age Discrimination Act 2004

1 Paragraph 33(a) (example)

Omit “Example”, substitute “Example 1”.

2 At the end of paragraph 33(a)

Add:

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.

3 Paragraph 38(1)(a)

After “Commonwealth Act”, insert “(or a provision of a Commonwealth Act)”.

4 Paragraph 38(1)(b)

Repeal the paragraph, substitute:

(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.

5 After subsection 39(1)

Insert:

Provisions of Acts, regulations and instruments mentioned in 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 mentioned in Schedule 2.

6 At the end of section 39

Add:

Service of documents

(9) This Part does not make unlawful anything done by a person in 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.

7 After subsection 41(2A)

Insert:

(2AA) This Part does not make unlawful anything done by a person in direct compliance with any of the following:

(a) section 8B, 24A or 24B of the Farm Household Support Act 1992;

(b) a scheme formulated under section 52A or 52B of that Act.

8 At the end of section 41

Add:

(6) This Part does not make unlawful anything done by a person in direct compliance with the Veterans’ Children Education Scheme (within the meaning of the Veterans’ Entitlements Act 1986).

9 After section 41

Insert:

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.

(2) This Part does not make unlawful anything done by a person in accordance with an exempted employment program.

(3) In this section:

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

(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.

10 Schedule 1 (after table item 15)

Insert:

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)

11 Schedule 1 (after table item 16)

Insert:

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)

12 Schedule 1 (after table item 21)

Insert:

21A	Determinations made under section 58B of the Defence Act 1903

13 Schedule 1 (after table item 34)

Insert:

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.

14 Schedule 1 (table item 38)

Repeal the item.

15 At the end of the Act

Add:

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 Consequential Provisions) Act 1997	items 38 and 39 of Schedule 5
2	Australian Passports Act 2005	section 11
3	Australian Passports Determination 2005	section 5.1 and Schedule 4
4	Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000	sections 37 and 38
5	Long Service Leave (Commonwealth Employees) Act 1976	section 17
6	Medical Indemnity (Prudential Supervision and Product Standards) Act 2003	Part 3
7	Medical Indemnity (Prudential Supervision and Product Standards) Regulations 2003	Part 3
8	Navigation Act 1912	section 48A
9	Pig Industry Act 2001	sections 32 and 33
10	Private Health Insurance Incentives Act 1998	Parts 2 and 5
11	Workplace Relations Regulations 2006	regulations 8.10, 9.1, 9.5 and 9.20

[Minister’s second reading speech made in—

House of Representatives on 29 March 2006

Senate on 13 June 2006]

(39/06)