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Age Discrimination Act 2004
No. 68, 2004
In force
Administered by
Attorney-General's Department
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C2026C00266 C57
01 July 2026
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Part 1—Preliminary
1 Short title
2 Commencement
3 Objects
4 Simplified outline
5 Definitions
6 Age discrimination not to include disability discrimination
7 Meaning of act—omission to act
8 Commonwealth taken to be employer
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Part 2—Application and constitutional provisions
9 Geographical application of Act
10 Application of Act—constitutional powers
11 Compensation—constitutional safety net
12 Operation of State and Territory laws
13 Extent to which Act binds the Crown
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Part 3—Concept of age discrimination
14 Discrimination on the ground of age—direct discrimination
15 Discrimination on the ground of age—indirect discrimination
16 Act done because of age and for other reason
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Part 4—Unlawful age discrimination etc.
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Division 1—Simplified outline
17 Simplified outline
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Division 2—Discrimination in work
18 Discrimination in employment
19 Discrimination against commission agents
20 Discrimination against contract workers
21 Partnerships
22 Qualifying bodies
23 Registered organisations under the Fair Work (Registered Organisations) Act 2009
24 Employment agencies
25 Exemption for youth wages
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Division 3—Discrimination in other areas
26 Education
27 Access to premises
28 Goods, services and facilities
29 Accommodation
30 Land
31 Administration of Commonwealth laws and programs
32 Requests for information
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Division 4—General exemptions
33 Positive discrimination
34 Charities
35 Religious bodies
36 Voluntary bodies
37 Superannuation, insurance and credit—actuarial data etc.
38 Superannuation legislation
39 Direct compliance with laws, orders etc.
40 Taxation laws
41 Pensions, allowances and benefits etc.
41A Commonwealth employment programs
42 Health
43 Migration and citizenship etc.
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Division 5—Exemptions granted by Commission
44 Commission may grant exemptions
45 Review by Administrative Review Tribunal
46 Notice of decisions to be published
47 Effect of exemptions
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Division 6—Victimisation
47A Victimisation
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Part 5—Offences
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Division 1—General rules relating to offences
48 Application of the Criminal Code
49 Unlawful act not offence unless expressly provided
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Division 2—Specific offences
50 Advertisements
51 Victimisation
52 Failure to disclose source of actuarial or statistical data
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Part 6—Functions of the Australian Human Rights Commission
53 Functions of the Commission
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Part 6A—Age Discrimination Commissioner
53A Age Discrimination Commissioner
53B Terms and conditions of appointment
53C Remuneration of Commissioner
53D Leave of absence
53E Outside employment
53F Resignation
53G Termination of appointment
53H Acting Commissioner
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Part 7—Miscellaneous
54 Power to require source of actuarial data or statistical data
55 Delegation
56 Liability of persons involved in unlawful acts
57 Conduct by directors, employees and agents
58 Protection from civil actions
59 Unlawful act not basis of civil action unless expressly so provided
60 Non-disclosure of private information
61 Regulations
Schedule 1—Laws for which an exemption is provided by subsection 39(1)
Schedule 2—Provisions of laws for which an exemption is provided by subsection 39(1A)
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
