Age Discrimination Act 2004
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Short title
This Act may be cited as the Age Discrimination Act 2004.
Section 2 — Commencement
This Act commences on the day after it receives the Royal Assent.
Section 3 — Objects
The objects of this Act are: (a) to eliminate, as far as possible, discrimination against persons on the ground of age in the areas of work, education, access to premises, the provision of goods,…
Section 4 — Simplified outline
The following is a simplified outline of this Act: • This Act makes it unlawful to discriminate on the ground of age. • This Act has effect subject to certain geographical and constitutional…
Section 5 — Definitions
In this Act: act has a meaning affected by section 7. administrative office means: (a) an office established by, or an appointment made under, a law of the Commonwealth; and (b) an office established…
Section 6 — Age discrimination not to include disability discrimination
For the purposes of this Act, a reference to discrimination against a person on the ground of the person’s age is taken not to include a reference to discrimination against a person on the ground of…
Section 7 — Meaning of act—omission to act
For the purposes of this Act, omitting to do an act is taken to be the doing of an act and a reference to an act includes a reference to an omission to do an act.
Section 8 — Commonwealth taken to be employer
For the purposes of this Act, the Commonwealth is taken to be the employer of all Commonwealth employees.
Section 9 — Geographical application of Act
(1) In this section: Australia includes the external Territories. limited application provisions means the provisions of Divisions 2 and 3 of Part 4 (other than sections 23, 31 and 32). (2) Subject…
Section 10 — Application of Act—constitutional powers
(1) In this section: Australia includes the external Territories. banking has the same meaning as in paragraph 51(xiii) of the Constitution. foreign corporation has the same meaning as in paragraph…
Section 11 — Compensation—constitutional safety net
(1) If: (a) the operation of this Act would result in the acquisition of property otherwise than on just terms; and (b) the acquisition would not be valid, apart from this section, because a…
Section 12 — 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…
Section 13 — Extent to which Act binds the Crown
(1) This Act binds the Crown in right of the Commonwealth and of each of the States. (2) This Act does not make the Crown in right of the Commonwealth or of a State liable to be prosecuted for an…
Section 14 — Discrimination on the ground of age—direct discrimination
For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the age of the aggrieved person if: (a) the discriminator…
Section 15 — Discrimination on the ground of age—indirect discrimination
(1) For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the age of the aggrieved person if: (a) the discriminator…
Section 16 — Act done because of age and for other reason
(1) This section applies if: (a) an act is done for 2 or more reasons; and (b) one of the reasons (whether or not it is the dominant or a substantial reason) is: (i) the age of a person; or (ii) a…
Section 17 — Simplified outline
The following is a simplified outline of this Part: • This Part makes it unlawful to discriminate against someone on the ground of age in respect of the following: (a) employment and related matters;…
Section 18 — Discrimination in employment
(1) It is unlawful for an employer or a person acting or purporting to act on behalf of an employer to discriminate against a person on the ground of the other person’s age: (a) in the arrangements…
Section 19 — Discrimination against commission agents
(1) It is unlawful for a principal to discriminate against a person on the ground of the person’s age: (a) in the arrangements the principal makes for the purpose of determining who should be engaged…
Section 20 — Discrimination against contract workers
(1) It is unlawful for a principal to discriminate against a contract worker on the ground of the contract worker’s age: (a) in the terms or conditions on which the principal allows the contract…
Section 21 — Partnerships
(1) It is unlawful for 6 or more persons who are proposing to form themselves into a partnership to discriminate against another person on the ground of the other person’s age: (a) in determining who…
Section 22 — Qualifying bodies
(1) It is unlawful for an authority or body that is empowered to confer, renew, extend, revoke or withdraw an authorisation or qualification that is needed for or facilitates the practice of a…
Section 23 — Registered organisations under the Fair Work (Registered Organisations) Act 2009
(1) It is unlawful for a registered organisation, the committee of management of a registered organisation or a member of the committee of management of a registered organisation to discriminate…
Section 24 — Employment agencies
(1) It is unlawful for an employment agency to discriminate against a person on the ground of the person’s age: (a) by refusing to provide the person with any of its services; or (b) in the terms or…
Section 25 — Exemption for youth wages
(1) This Division does not make it unlawful for a person to discriminate against another person on the ground of the other person’s age, in relation to youth wages: (a) in the arrangements made for…
Section 26 — Education
(1) It is unlawful for an educational authority to discriminate against a person on the ground of the person’s age: (a) by refusing or failing to accept the person’s application for admission as a…
Section 27 — Access to premises
It is unlawful for a person to discriminate against another person on the ground of the other person’s age: (a) by refusing to allow the other person access to, or the use of, any premises that the…
Section 28 — Goods, services and facilities
It is unlawful for a person who, whether for payment or not, provides goods or services, or makes facilities available, to discriminate against another person on the ground of the other person’s age:…
Section 29 — Accommodation
(1) It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of the other person’s age: (a) by refusing the other person’s application for…
Section 30 — Land
(1) It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of the other person’s age: (a) by refusing or failing to dispose of an estate or…
Section 31 — Administration of Commonwealth laws and programs
(1) It is unlawful for a person who: (a) performs any function or exercises any power under a Commonwealth law or for the purposes of a Commonwealth program; or (b) has any other responsibility for…
Section 32 — Requests for information
It is unlawful for a person (the first person) to request or require another person (the other person) to provide information (whether by way of completing a form or otherwise) if: (a) the…
Section 33 — Positive discrimination
This Part does not make it unlawful for a person to discriminate against another person, on the ground of the other person’s age, by an act that is consistent with the purposes of this Act, if: (a)…
Section 34 — Charities
This Part does not: (a) affect a provision (whether made before or after the commencement of this Part) of the governing rules (within the meaning of the Australian Charities and Not-for-profits…
Section 35 — Religious bodies
This Part does not affect an act or practice of a body established for religious purposes that: (a) conforms to the doctrines, tenets or beliefs of that religion; or (b) is necessary to avoid injury…
Section 36 — Voluntary bodies
(1) This Part does not make it unlawful for a voluntary body to discriminate against a person, on the ground of the person’s age, in connection with: (a) the admission of persons as members of the…
Section 37 — Superannuation, insurance and credit—actuarial data etc.
Superannuation and insurance (1) Subsections (2) and (3) apply to the following: (a) an annuity; (b) a life insurance policy; (c) a policy of insurance against accident or any other policy of…
Section 38 — Superannuation legislation
(1) This Part does not make unlawful anything done by a person in direct compliance with: (a) a Commonwealth Act (or a provision of a Commonwealth Act) relating to superannuation; or (b) a regulation…
Section 39 — Direct compliance with laws, orders etc.
Acts, regulations and instruments covered by Schedule 1 (1) This Part does not make unlawful anything done by a person in direct compliance with: (a) an Act mentioned in Schedule 1; or (b) a…
Section 40 — Taxation laws
This Part does not make unlawful anything done by a person in direct compliance with a taxation law (within the meaning of the Income Tax Assessment Act 1997).
Section 41 — Pensions, allowances and benefits etc.
(1) This Part does not make unlawful anything done by a person in direct compliance with: (a) the A New Tax System (Family Assistance) Act 1999; or (b) the A New Tax System (Family Assistance)…
Section 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…
Section 42 — Health
Exempted health programs (1) This Part does not make an exempted health program (see subsection (6)) unlawful. Example: A program for providing free influenza vaccines to older people, based on…
Section 43 — Migration and citizenship etc.
(1) This Part does not make unlawful anything done by a person in relation to the administration of: (a) the Migration Act 1958; or (b) the Immigration (Guardianship of Children) Act 1946; or (c) a…
Section 44 — Commission may grant exemptions
(1) The Commission may, on application by: (a) a person: (i) on that person’s own behalf; or (ii) on behalf of that person and another person or other persons; or (iii) on behalf of another person or…
Section 45 — Review by Administrative Review Tribunal
An application may be made to the Administrative Review Tribunal for a review of a decision made by the Commission under section 44.
Section 46 — Notice of decisions to be published
(1) The Commission, not later than one month after it makes a decision under section 44, is to cause to be published in the Gazette a notice of the making of the decision: (a) setting out its…
Section 47 — Effect of exemptions
This Part does not make it unlawful for: (a) a person who has been granted an exemption from a provision of Division 2 or 3; or (b) a person in the employment or under the direction or control of a…
Section 47A — Victimisation
(1) It is unlawful for a person to commit an act of victimisation against another person. Note 1: See also section 51 (offence of victimisation). Note 2: See also the definition of unlawful…
Section 48 — Application of the Criminal Code
Part 2.5 of Chapter 2 of the Criminal Code does not apply to offences against this Act. Note: Part 2.5 of Chapter 2 of the Criminal Code sets out the general principles of corporate criminal…