Part II Prohibition of discrimination etc. Division 4 Exemptions Section 40 relationship status, pregnancy, breastfeeding or family responsibilities, in connection with: (a) the admission of persons as members of the body; or (b) the provision of benefits, facilities or services to members of the body. 40 Acts done under statutory authority (1) Nothing in Division 1 or 2 affects anything done by a person in direct compliance with: (c) a determination or decision of the Commission; (d) an order of a court; or (e) an order, determination or award of a court or tribunal having power to fix minimum wages and other terms and conditions of employment; or (g) 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). 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) Nothing in Division 1 or 2 affects anything done by a person in direct compliance with any of the following as in force on 1 August 1984: (a) the Gift Duty Assessment Act 1941; (b) the operation of: (i) the definition of pensioner in subsection 4(1); or (ii) the definition of concessional beneficiary in subsection 84(1); of the National Health Act 1953; 54 Compilation No. 42 Sex Discrimination Act 1984 Compilation date: 11/09/2021 Authorised Version C2021C00420 registered 08/10/2021 Registered: 08/10/2021