Unlawful age discrimination Part 4 Discrimination in work Division 2 Section 19 (5) In deciding whether the other person is unable to carry out those requirements because of his or her age, take into account: (a) the other person’s past training, qualifications and experience relevant to the particular employment; and (b) if the other person is already employed by the employer—the other person’s performance as an employee; and (c) all other relevant factors that it is reasonable to take into account. 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 as a commission agent; or (b) in determining who should be engaged as a commission agent; or (c) in the terms or conditions on which the person is engaged as a commission agent. (2) It is unlawful for a principal to discriminate against a commission agent on the ground of the commission agent’s age: (a) in the terms or conditions that the principal affords the commission agent as a commission agent; or (b) by denying the commission agent access, or limiting the commission agent’s access, to opportunities for promotion, transfer or training, or to any other benefits associated with the position as a commission agent; or (c) by terminating the engagement; or (d) by subjecting the commission agent to any other detriment. Exemption for inherent requirements (3) Paragraphs (1)(a), (1)(b) and (2)(c) do not make it unlawful for a principal to discriminate against another person, on the ground of the other person’s age, if the other person is unable to carry out the Age Discrimination Act 2004 Compilation No. 46 Compilation date: 03/12/2021 Authorised Version C2021C00565 registered 10/12/2021 17 Registered: 10/12/2021