Age Discrimination Act 2004
Sections and provisions with full text and the judgments that cite each one.
Section 49 — Unlawful act not offence unless expressly provided
Except as expressly provided by this Part, nothing in this Act makes it an offence to do an act that is unlawful because of a provision of Part 4.
Section 50 — Advertisements
(1) A person commits an offence if: (a) the person publishes or displays an advertisement or notice, or causes or permits an advertisement or notice to be published or displayed; and (b) the…
Section 51 — Victimisation
Victimisation—actual detriment (1) A person (the first person) commits an offence if: (a) the first person engages in conduct; and (b) the first person’s conduct causes detriment to another person…
Section 52 — Failure to disclose source of actuarial or statistical data
(1) A person commits an offence if: (a) the President or the Commission gives the person a notice in writing under subsection 54(2), requiring the person to disclose the source of actuarial or…
Section 53 — Functions of the Commission
(1) The following functions are conferred on the Commission: (a) to exercise the powers conferred on it by section 44; (b) to promote an understanding and acceptance of, and compliance with, this…
Section 53A — Age Discrimination Commissioner
(1) There is to be an Age Discrimination Commissioner, who is to be appointed by the Governor-General by written instrument. Note: Subject to subsection 53B(1A), the Age Discrimination Commissioner…
Section 53B — Terms and conditions of appointment
(1) The Commissioner holds office for the period specified in the instrument of appointment. (1A) A person must not be appointed as the Age Discrimination Commissioner under section 53A for a period…
Section 53C — Remuneration of Commissioner
(1) The Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to…
Section 53D — Leave of absence
(1) The Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal. (2) The Minister may grant the Commissioner leave of absence, other than recreation leave,…
Section 53E — Outside employment
The Commissioner must not engage in paid employment outside the duties of his or her office without the Minister’s approval.
Section 53F — Resignation
(1) The Commissioner may resign his or her appointment by giving the Governor-General a written resignation. (2) The resignation takes effect on the day it is received by the Governor-General or, if…
Section 53G — Termination of appointment
(1) The Governor-General may terminate the appointment of the Commissioner for misbehaviour or physical or mental incapacity. (2) The Governor-General must terminate the appointment of the…
Section 53H — Acting Commissioner
The Minister may, by written instrument, appoint a person to act as Commissioner: (a) during a vacancy in the office of Commissioner (whether or not an appointment has previously been made to the…
Section 54 — Power to require source of actuarial data or statistical data
(1) Subsection (2) applies if a person has acted in a way that would, apart from paragraph 37(3)(a) or subsection 37(5), be unlawful under Part 4. (2) The President or the Commission may give the…
Section 55 — Delegation
The Commission may, by writing under its seal, delegate all or any of the powers conferred on it under this Act to: (a) the Commissioner or another member of the Commission; or (b) a member of the…
Section 56 — Liability of persons involved in unlawful acts
A person who causes, instructs, induces, aids or permits another person to do an act that is unlawful under Part 4 is, for the purposes of this Act, taken also to have done the act.
Section 57 — Conduct by directors, employees and agents
Bodies corporate (1) If, for the purposes of this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show: (a) that the…
Section 58 — Protection from civil actions
(1) The Commission, the Commissioner or another member of the Commission, or a person acting for or on behalf of the Commission or the Commissioner or another member of the Commission, is not liable…
Section 59 — Unlawful act not basis of civil action unless expressly so provided
(1) This Act does not confer on a person a right of action in respect of the doing of an act that is unlawful under a provision of Part 4 unless a provision of this Act expressly provides otherwise.…
Section 60 — Non-disclosure of private information
(1) A person bound by this section because of office, employment or authorisation must not, either directly or indirectly: (a) make a record of, or divulge or communicate to any person, any…
Section 61 — Regulations
The Governor-General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving…