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SEX DISCRIMINATION ACT 1984 - SECT 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 ;

                     (c)  the Income Tax Assessment Act 1936 ;

                     (d)  the International Tax Agreements Act 1953 ;

                     (e)  the Papua New Guinea (Members of the Forces Benefits) Act 1957 ;

                      (f)  the Sales Tax (Exemptions and Classifications) Act 1935 ;

                     (h)  the Social Security Act 1947 ;

                      (i)  the Taxation (Unpaid Company Tax) Assessment Act 1982 ;

                      (j)  the Social Services Act 1980 of Norfolk Island.

          (2A)  A minister of religion (as defined in subsection 5(1) of the Marriage Act 1961 ) may refuse to solemnise a marriage despite anything in Division 1 or 2, as applying by reference to section 5A, 5B, 5C or 6, if any of the circumstances mentioned in paragraph 47(3)(a), (b) or (c) of the Marriage Act 1961 apply.

       (2AA)  A religious marriage celebrant (as defined in subsection 5(1) of the Marriage Act 1961 ) may refuse to solemnise a marriage despite anything in Division 1 or 2, as applying by reference to section 5A, 5B, 5C or 6, if:

                     (a)  the identification of the person as a religious marriage celebrant on the register of marriage celebrants has not been removed at the time the marriage is solemnised; and

                     (b)  the circumstances mentioned in subsection 47A(1) of the Marriage Act 1961 apply.

       (2AB)  A chaplain in the Defence Force may refuse to solemnise a marriage despite anything in Division 1 or 2, as applying by reference to section 5A, 5B, 5C or 6, if any of the circumstances mentioned in paragraph 81(2)(a), (b) or (c) of the Marriage Act 1961 apply.

Note:          Paragraph 37(1)(d) also provides that nothing in Division 1 or 2 affects any act or practice of a body established for religious purposes that conforms to the doctrines, tenets or beliefs of that religion or is necessary to avoid injury to the religious susceptibilities of adherents of that religion.

          (2B)  Nothing in Division 1 or 2, as applying by reference to section 5A, 5B or 5C, affects anything done by a person in direct compliance with a law of the Commonwealth, or of a State or Territory, that is prescribed by the regulations for the purpose of this subsection.

             (3)  Nothing in Division 1 or 2, as applying by reference to section 6, affects anything done by a person in direct compliance with any regulations, rules, by-laws, determinations or directions made under the Gift Duty Assessment Act 1941 , the Income Tax Assessment Act 1936 or the Sales Tax (Exemptions and Classifications) Act 1935 .

             (4)  Nothing in Division 1 or 2, as applying by reference to section 6, affects anything done by a person for the purposes of the administration of the AUSTUDY scheme or the ABSTUDY scheme.

             (6)  Nothing in Division 1 or 2 affects anything done by a person in compliance with a provision of a law of the Commonwealth, of a State or of a Territory, being a provision that is included for the purpose referred to in subsection 7D(1).

Note:          See also subsection 98(6A) of the Civil Aviation Act 1988 , which allows regulations made under that Act to contain provisions relating to medical standards that are inconsistent with this Act if the inconsistency is necessary for the safety of air navigation.



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