Age Discrimination Act 2004 (Cth)

Age Discrimination Act 2004

No. 68, 2004

Compilation No. 56

Compilation date: 11 December 2024

Includes amendments: Act No. 127, 2024

About this compilation

This compilation

This is a compilation of the Age Discrimination Act 2004 that shows the text of the law as amended and in force on 11 December 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Objects 4 Simplified outline 5 Definitions 6 Age discrimination not to include disability discrimination 7 Meaning of act—omission to act 8 Commonwealth taken to be employer Part 2—Application and constitutional provisions 9 Geographical application of Act 10 Application of Act—constitutional powers 11 Compensation—constitutional safety net 12 Operation of State and Territory laws 13 Extent to which Act binds the Crown Part 3—Concept of age discrimination 14 Discrimination on the ground of age—direct discrimination 15 Discrimination on the ground of age—indirect discrimination 16 Act done because of age and for other reason Part 4—Unlawful age discrimination etc. Division 1—Simplified outline 17 Simplified outline Division 2—Discrimination in work 18 Discrimination in employment 19 Discrimination against commission agents 20 Discrimination against contract workers 21 Partnerships 22 Qualifying bodies 23 Registered organisations under the Fair Work (Registered Organisations) Act 2009 24 Employment agencies 25 Exemption for youth wages Division 3—Discrimination in other areas 26 Education 27 Access to premises 28 Goods, services and facilities 29 Accommodation 30 Land 31 Administration of Commonwealth laws and programs 32 Requests for information Division 4—General exemptions 33 Positive discrimination 34 Charities 35 Religious bodies 36 Voluntary bodies 37 Superannuation, insurance and credit—actuarial data etc. 38 Superannuation legislation 39 Direct compliance with laws, orders etc. 40 Taxation laws 41 Pensions, allowances and benefits etc. 41A Commonwealth employment programs 42 Health 43 Migration and citizenship etc. Division 5—Exemptions granted by Commission 44 Commission may grant exemptions 45 Review by Administrative Review Tribunal 46 Notice of decisions to be published 47 Effect of exemptions Division 6—Victimisation 47A Victimisation Part 5—Offences Division 1—General rules relating to offences 48 Application of the Criminal Code 49 Unlawful act not offence unless expressly provided Division 2—Specific offences 50 Advertisements 51 Victimisation 52 Failure to disclose source of actuarial or statistical data Part 6—Functions of the Australian Human Rights Commission 53 Functions of the Commission Part 6A—Age Discrimination Commissioner 53A Age Discrimination Commissioner 53B Terms and conditions of appointment 53C Remuneration of Commissioner 53D Leave of absence 53E Outside employment 53F Resignation 53G Termination of appointment 53H Acting Commissioner Part 7—Miscellaneous 54 Power to require source of actuarial data or statistical data 55 Delegation 56 Liability of persons involved in unlawful acts 57 Conduct by directors, employees and agents 58 Protection from civil actions 59 Unlawful act not basis of civil action unless expressly so provided 60 Non‑disclosure of private information 61 Regulations Schedule 1—Laws for which an exemption is provided by subsection 39(1) Schedule 2—Provisions of laws for which an exemption is provided by subsection 39(1A) Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history