Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act relating to discrimination on the ground of age
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Introduced HR 26 Jun 2003

Age Discrimination Bill 2003
Supplementary Explanatory Memorandum

Download RTF

2002-2003

THE PARLIAMENT OF THE COMMONWEALTH

OF AUSTRALIA

HOUSE OF REPRESENTATIVES

AGE DISCRIMINATION BILL 2003

SUPPLEMENTARY EXPLANATORY MEMORANDUM

Amendments to be Moved on Behalf of the Government

(Circulated by authority of the Attorney-General,

the Honourable Daryl Williams AM QC MP)

AGE DISCRIMINATION BILL 2003

GENERAL OUTLINE

The Bill was introduced on 26 June 2003. The Government amendments to the Bill are intended to ensure continued operation of existing Commonwealth programs and policies relating to health and family and community services.

The amendments to clause 41 of the Bill are intended to make clear that decisions made in accordance with certain disallowable instruments made under Commonwealth Acts are not made unlawful.

The amendment to clause 42 of the Bill amends the definition of `exempted health program' to make clear that certain existing health programs are not made unlawful.

FINANCIAL IMPACT STATEMENT

These Government amendments are budget neutral.

NOTES ON CLAUSES

Clause 41 - Pensions, allowances and benefits etc.

1.       There is a new subclause (2A), which provides that Part 4 does not make unlawful anything done in direct compliance with a determination in force under subparagraph 169(1)(a)(i) of the A New Tax System (Family Assistance) (Administration) Act 1999.

2.       There is a new subclause (3A), which provides that Part 4 does not make unlawful anything done in direct compliance with a determination in force under subparagraph 209(1)(a)(i) of the Social Security (Administration) Act 1999.

Clause 42 - Health

3.       Clause 42 defines `exempted health programs' and provides that such programs and things done in accordance with such programs are not unlawful. The amended definition of `exempted health program' makes clear that cost is a consideration that may be taken into account under exempted health programs.

4.       It also makes clear that the definition may cover programs provided to an age group on the basis of evidence relating only to that age group where no comparable data relating to other age groups is available.

5.       Finally, it makes clear that the definition may cover programs based on evidence reasonably available from time to time. The definition currently requires the program to be based on evidence available at the time the program was actually established.

        -2-