Prohibition of disability discrimination Part 2 Exemptions Division 5 Section 48 (i) if the persons were not in receipt of the salary or wages, they would be eligible for a disability support pension; and (ii) the salary or wages payable to each person are determined by reference to the capacity of that person. 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. (2) This Part does not render unlawful anything done by a person in direct compliance with a prescribed law. (4) In subsection (1): disability support pension has the same meaning as in the Social Security Act 1991. (5) In subsection (2): law means: (a) a law of the Commonwealth or of a State or Territory; or (b) regulations or any other instrument made under such a law. Note: See also subsection 98(6B) of the Civil Aviation Act 1988, which allows regulations made under that Act to contain provisions that are inconsistent with this Act if the inconsistency is necessary for the safety of air navigation. 48 Infectious diseases This Part does not render it unlawful for a person to discriminate against another person on the ground of the other person’s disability if: (a) the person’s disability is an infectious disease; and (b) the discrimination is reasonably necessary to protect public health. Note: For discrimination in relation to an assistance animal that has an infectious disease, see subsection 54A(4). Disability Discrimination Act 1992 Compilation No. 33 Compilation date: 12/4/18 Authorised Version C2018C00125 registered 19/04/2018 41 Registered: 19/4/18