Section 12 — Age Discrimination Act 2004: Operation of State and Territory laws

(1) A reference in this section to this Act is a reference to this Act as it has effect because of a provision of sections 9 and 10. (2) A reference in this section to a law of a State or Territory is a reference to a law of a State or Territory that deals with discrimination on the ground of age. (3) This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act. (4) If: (a) a law of a State or Territory relating to discrimination deals with a matter dealt with by this Act; and (b) a person has made a complaint or initiated a proceeding under that law in respect of an act in respect of which the person would, apart from this subsection, have been entitled to make a complaint under the Australian Human Rights Commission Act 1986 alleging that the act is unlawful under a provision of Part 4 of this Act; the person is not entitled to make a complaint or institute a proceeding under the Australian Human Rights Commission Act 1986 alleging that the act is unlawful under a provision of Part 4 of this Act. (5) If: (a) a law of a State or Territory relating to discrimination deals with a matter dealt with by this Act; and (b) an act by a person that constitutes an offence against that law also constitutes an offence against this Act; the person may be prosecuted and convicted either under that law of the State or Territory or under this Act (6) Nothing in subsection (5) makes a person liable to be punished more than once in respect of the same act.