Unlawful age discrimination Part 4 Discrimination in work Division 2 Section 25 Exemption for inherent requirements (2) This section does not make it unlawful for an employment agency 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 work sought 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 work sought; and (b) all other relevant factors that it is reasonable to take into account. Definition (4) In this section: employment agency means any person who, or body that, whether for payment or not, assists persons to find employment or other work or assists employers to find employees or workers. 25 Exemption for youth wages (1) This Division does not make it unlawful for a person to discriminate against another person on the ground of the other person’s age, in relation to youth wages: (a) in the arrangements made for the purpose of determining who should be offered work; or (b) in determining who should be offered work; or (c) in payment, or offer of payment, of remuneration for work. (2) In this section: youth wages means remuneration for persons who are under 21. Age Discrimination Act 2004 Compilation No. 46 Compilation date: 03/12/2021 Authorised Version C2021C00565 registered 10/12/2021 23 Registered: 10/12/2021

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