A Bill for an Act to amend the Age Discrimination Act 2004, and for related purposes
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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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
(c) meets at least one of the following requirements:
(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 | Regulation 8.10 |