Unlawful age discrimination Part 4
General exemptions Division 4
Section 39
(6) To avoid doubt, section 14 of the Legislation Act 2003 does not
prevent a regulation made for the purposes of subsection (5) from
specifying an Act, regulation or instrument as in force at a
particular time or as in force from time to time.
Court orders
(7) This Part does not make unlawful anything done by a person in
direct compliance with an order of a court.
Workplace relations
(8) This Part does not make unlawful anything done by a person in
direct compliance with any of the following:
(a) an order, determination or award of a court or tribunal having
power to fix minimum wages;
(b) an instrument (an industrial instrument) that is:
(i) a fair work instrument (within the meaning of the Fair
Work Act 2009); or
(ii) a transitional instrument or Division 2B State
instrument (within the meaning of the Fair Work
(Transitional Provisions and Consequential
Amendments) Act 2009).
Note:
A person does not comply with an industrial instrument for the
purpose of this subsection if that person purports to comply with
a provision of that instrument that has no effect. Accordingly, the
exemption under this subsection for acting in direct compliance
with such an instrument would not apply in such circumstances.
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.
Age Discrimination Act 2004
Compilation No. 46
Compilation date: 03/12/2021
Authorised Version C2021C00565 registered 10/12/2021
35
Registered: 10/12/2021