Unlawful age discrimination Part 4 Discrimination in work Division 2 Section 23 that is needed for or facilitates the practice of a profession, the carrying on of a trade or the engaging in of an occupation to discriminate against a person on the ground of the person’s age: (a) by refusing or failing to confer, renew or extend the authorisation or qualification; or (b) in the terms or conditions on which it is prepared to confer the authorisation or qualification or to renew or extend the authorisation or qualification; or (c) by revoking or withdrawing the authorisation or qualification or varying the terms or the conditions upon which it is held. Exemption for inherent requirements (2) This section does not make it unlawful for an authority or body to discriminate against a person, on the ground of the person’s age, if the person is unable to carry out the inherent requirements of the profession, trade or occupation because of his or her age. (3) In deciding whether the person is unable to carry out those requirements because of his or her age, take into account: (a) the person’s past training, qualifications and experience relevant to the particular profession, trade or occupation; and (b) if the person is already a member of the profession, carrying on the trade or engaged in the occupation—the person’s performance in the profession, trade or occupation; and (c) all other relevant factors that it is reasonable to take into account. 23 Registered organisations under the Fair Work (Registered Organisations) Act 2009 (1) It is unlawful for a registered organisation, the committee of management of a registered organisation or a member of the committee of management of a registered organisation to discriminate against a person, on the ground of the person’s age: (a) by refusing or failing to accept the person’s application for membership; or Age Discrimination Act 2004 Compilation No. 46 Compilation date: 03/12/2021 Authorised Version C2021C00565 registered 10/12/2021 21 Registered: 10/12/2021