Commonwealth Numbered Acts

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AGE DISCRIMINATION ACT 2004 No. 68, 2004 - SECT 39

Direct compliance with laws, orders etc.

Acts, regulations and instruments mentioned in Schedule 1

(1)
This Part does not make unlawful anything done by a person in direct compliance with:

(a) an Act mentioned in Schedule 1; or
(b) a regulation or any other instrument mentioned in Schedule 1.

Other Acts or regulations—2 year exemption period

(2)
This Part does not make unlawful anything done by a person, in direct compliance with any other Commonwealth Act or regulation, during the period:

(a) beginning on the day on which this Act commences; and
(b) ending 2 years after that day.

(3)
To avoid doubt, subsection (2) does not affect the operation of any other provision in this Division.

State and Territory Acts, regulations and instruments

(4)
This Part does not make unlawful anything done by a person in direct compliance with:

(a) an Act of a State or Territory; or
(b) a regulation or any other instrument made under an Act of a State or Territory.

(5)
Subsection (4) does not apply in relation to an Act, regulation or other instrument of a State or Territory if the Act, regulation or instrument is specified in regulations made for the purposes of this subsection.

(6)
To avoid doubt, section 49A of the Acts Interpretation Act 1901 does not prevent a regulation made for the purposes of subsection (5) from specifying an Act, regulation or instrument as in force at a particular time or as in force from time to time.

Court orders

(7)
This Part does not make unlawful anything done by a person in direct compliance with an order of a court.

Workplace relations

(8)
This Part does not make unlawful anything done by a person in direct compliance with any of the following:

(a) an order or award of a court or tribunal having power to fix minimum wages;
(b) a certified agreement (within the meaning of the Workplace Relations Act 1996 );
(c) an Australian workplace agreement (within the meaning of the Workplace Relations Act 1996 ).



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