Part 2 Prohibition of disability discrimination Division 5 Exemptions Section 47 is offered to, or may be obtained by, the other person, if: (f) the discrimination: (i) is based upon actuarial or statistical data on which it is reasonable for the first-mentioned person to rely; and (ii) is reasonable having regard to the matter of the data and other relevant factors; or (g) in a case where no such actuarial or statistical data is available and cannot reasonably be obtained—the discrimination is reasonable having regard to any other relevant factors. 47 Acts done under statutory authority (1) This Part does not render unlawful anything done by a person in direct compliance with: (b) an order of a court; or (c) 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); to the extent to which the industrial instrument has specific provisions relating to the payment of rates of salary or wages to persons, in circumstances in which: (iii) if the persons were not in receipt of the salary or wages, they would be eligible for a disability support pension; and (iv) the salary or wages are determined by reference to the capacity of the person; or (d) an order, award or determination of a court or tribunal having power to fix minimum wages, to the extent to which the order, award or determination has specific provisions relating to the payment of rates of salary or wages to persons, in circumstances in which: 40 Disability Discrimination Act 1992 Compilation No. 33 Compilation date: 12/4/18 Authorised Version C2018C00125 registered 19/04/2018 Registered: 19/4/18

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