Anti-Discrimination Act 1977 (NSW)

See also—

Equality Legislation Amendment (LGBTIQA+) Bill 2023 [Non-government Bill— Mr A H Greenwich, MP]

Anti-Discrimination Amendment (Heterosexual Discrimination) Bill 2024 [Non-government Bill— the Hon M J Banasiak, MLC]

whole Act: Am 1994 No 28, Sch 4 (1) (“a trade union” and “the trade union” omitted wherever occurring, “an industrial organisation” and “the industrial organisation” inserted instead respectively).

An Act to render unlawful racial, sex and other types of discrimination in certain circumstances and to promote equality of opportunity between all persons.

Part 1Preliminary1Name of Act

This Act may be cited as the Anti-Discrimination Act 1977.

2Commencement(1)

This section and section 1 shall commence on the date of assent to this Act.

(2)

Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3

(Repealed)

s 3: Am 1980 No 67, sec 2 (a); 1981 No 15, Schs 1 (1), 2 (1), 4 (1), 5 (1); 1982 No 142, Schs 1 (1), 2 (1), 3 (1). Rep 1985 No 112, Sch 1 (1).

4Definitions(1)

In this Act, except in so far as the context or subject-matter otherwise indicates or requires—

accommodation includes residential or business accommodation.

associate of a person means—

• (a)

  any person with whom the person associates, whether socially or in business or commerce, or otherwise, and

• (b)

  any person who is wholly or mainly dependent on, or a member of the household of, the person.

Board means the Anti-Discrimination Board constituted under this Act.

commission agent means an agent who is remunerated by commission.

contract worker means an employee who, under a contract of employment performs work for an employer who has undertaken to perform that work for another person.

corporation has the same meaning as in the Corporations Act 2001 of the Commonwealth.

council means a council, a county council or a joint organisation within the meaning of the Local Government Act 1993.

disability means—

• (a)

  total or partial loss of a person’s bodily or mental functions or of a part of a person’s body, or

• (b)

  the presence in a person’s body of organisms causing or capable of causing disease or illness, or

• (c)

  the malfunction, malformation or disfigurement of a part of a person’s body, or

• (d)

  a disorder or malfunction that results in a person learning differently from a person without the disorder or malfunction, or

• (e)

  a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour.

educational authority means a person or body administering a school, college, university or other institution at which education or training is provided.

employment includes work under a contract for services.

employment agency means a person who, for profit or not, provides services for the purpose of finding work or employment for others or for supplying employers with workers or employees.

functions includes powers, authorities and duties.

head of a Public Service agency has the same meaning as in the Government Sector Employment Act 2013.

homosexual means male or female homosexual.

industrial organisation means an industrial organisation within the meaning of the Industrial Relations Act 1996 or an organisation registered under the Industrial Relations Act 1988 of the Commonwealth.

marital or domestic status means the status or condition of being—

• (a)

  single, or

• (b)

  married, or

• (c)

  married but living separately and apart from one’s spouse, or

• (d)

  divorced, or

• (e)

  widowed, or

• (f)

  in a de facto relationship.

near relative, in relation to a person, means the spouse, de facto partner, parent, child, grandparent, grandchild, brother or sister of the person.

President means the President of the Board.

principal means—

• (a)

  in relation to a commission agent, a person for whom work is done by that commission agent, or

• (b)

  in relation to a contract worker, a person for whom a contract worker performs work otherwise than under a contract of employment.

private educational authority means a person or body administering a school, college, university or other institution at which education or training is provided, not being—

• (a)

  a school, college, university or other institution established under the Education Act 1990 (by the Minister administering that Act), the Technical and Further Education Commission Act 1990 or an Act of incorporation of a university, or

• (b)

  an agricultural college administered by the Minister for Agriculture.

Public Service agency has the same meaning as in the Government Sector Employment Act 2013.

race includes colour, nationality, descent and ethnic, ethno-religious or national origin.

recognised transgender person means a person the record of whose sex is altered under Part 5A of the Births, Deaths and Marriages Registration Act 1995 or under the corresponding provisions of a law of another Australian jurisdiction.

registered club has the same meaning as in the Registered Clubs Act 1976.

regulation means a regulation made under this Act.

relative of a person means any person to whom the person is related by blood, marriage, affinity or adoption, or the de facto partner of the person.

services includes—

• (a)

  services relating to banking, insurance and the provision of grants, loans, credit or finance,

• (b)

  services relating to entertainment, recreation or refreshment,

• (c)

  services relating to transport or travel,

• (d)

  services of any profession or trade,

• (e)

  services provided by a council or public authority,

• (f)

  services consisting of access to, and the use of any facilities in, any place or vehicle that the public or a section of the public is entitled or allowed to enter or use, for payment or not.

Tribunal means the Civil and Administrative Tribunal.

vehicle includes a ship, an aircraft and a hovercraft.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2)

A reference in this Act to the exercise of a function includes, where that function is a duty, a reference to the performance of that duty.

(3)

For the purposes of this Act, the fact that a race may comprise two or more distinct races does not prevent it from being a race.

(4)

A reference in this Act to the conferring, renewing or extending of an authorisation or a qualification, in relation to an authority or a body which is empowered to confer, renew or extend an authorisation or a qualification that is needed for or facilitates the practice of a profession, the carrying on of a trade or the engaging in of an occupation, includes a reference to the conferring, renewing, extending, granting, awarding, approving, issuing or accepting of a recognition, registration, enrolment, approval or certification by such an authority or such a body or to the admission of a person to membership of such an authority or such a body.

(5)

Notes included in this Act do not form part of this Act.

(6), (7)

(Repealed)

s 4: Am 1980 No 67, sec 2 (b); 1981 No 15, Schs 1 (2), 2 (2) (20), 4 (2), 5 (2); 1981 No 123, Sch 8; 1982 No 142, Schs 1 (2), 3 (2), 4 (1); 1987 No 63, Sch 2; 1989 No 130, Sch 1; 1990 No 118, Sch 3; 1994 No 28, Schs 1 (1), 3 (1), 4 (2), 5 (1); 1995 No 11, Sch 1.3 [1]; 1996 No 17, Sch 5.1; 1996 No 22, Sch 1 [1]; 1997 No 9, Sch 1 [1]–[6]; 1997 No 77, Sch 2.1 [1]; 2001 No 34, Sch 4.2 [1]; 2004 No 79, Sch 1 [1] [2]; 2008 No 23, Sch 1 [1]–[4]; 2010 No 19, Sch 3.4 [1]; 2011 No 48, Sch 2.1 [1]; 2013 No 95, Sch 2.7 [1]; 2015 No 58, Sch 3.8 [1]; 2017 No 63, Sch 4.2 [1]; 2017 No 65, Sch 2.1.

4AAct done because of unlawful discrimination and for other reasons

If—

• (a)

  an act is done for 2 or more reasons, and

• (b)

  one of the reasons consists of unlawful discrimination under this Act against a person (whether or not it is the dominant or a substantial reason for doing the act),

then, for the purposes of this Act, the act is taken to be done for that reason.

s 4A: Ins 1994 No 28, Sch 4 (3).

4BReferences to certain employers(1)

A reference in this Act to an employer—

• (a)

  in relation to employment in a Public Service agency, is a reference to the head of the agency, and

• (b)

  in relation to employment in the NSW Police Force, is a reference to the Commissioner of Police, and

• (c)

  in relation to employment in the Teaching Service, is a reference to the Secretary of the Department of Education.

(2)

Any thing determined or done with respect to any matter concerning any such employment by a person who is employed in any Public Service agency, the NSW Police Force or the Teaching Service and who is authorised to determine and do things in that respect is taken to have been determined or done by the head of the agency, the Commissioner of Police or the Secretary of the Department of Education, respectively.

(3)

Subsection (2) includes anything determined or done with respect to—

• (a)

  any offer of employment, or

• (b)

  the terms and conditions on which employment is offered, or

• (c)

  the opportunity afforded for promotion, transfer, training or other benefits associated with employment, or

• (d)

  dismissal from employment.

s 4B: Ins 1997 No 9, Sch 1 [7]. Am 2004 No 114, Sch 2.1 [1]–[3]; 2011 No 62, Sch 3.1; 2015 No 58, Sch 3.8 [2]–[4].

5Act binds Crown

This Act binds the Crown not only in right of New South Wales but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.

Part 2Racial discriminationDivision 1General6

(Repealed)

s 6: Rep 1981 No 15, Sch 5 (3).

7What constitutes discrimination on the ground of race(1)

A person (the perpetrator) discriminates against another person (the aggrieved person) on the ground of race if the perpetrator—

• (a)

  on the ground of the aggrieved person’s race or the race of a relative or associate of the aggrieved person, treats the aggrieved person less favourably than in the same circumstances, or in circumstances which are not materially different, the perpetrator treats or would treat a person of a different race or who has such a relative or associate of a different race, or

• (b)

  on the ground of the aggrieved person’s race or the race of a relative or associate of the aggrieved person, segregates the aggrieved person from persons of a different race or from persons who have such a relative or associate of a different race, or

• (c)

  requires the aggrieved person to comply with a requirement or condition with which a substantially higher proportion of persons not of that race, or who have a relative or associate not of that race, comply or are able to comply, being a requirement which is not reasonable having regard to the circumstances of the case and with which the aggrieved person does not or is not able to comply.

(2)

For the purposes of subsection (1) (a) and (b), something is done on the ground of a person’s race if it is done on the ground of the person’s race, a characteristic that appertains generally to persons of that race or a characteristic that is generally imputed to persons of that race.

s 7: Am 1981 No 15, Sch 5 (4). Subst 1994 No 28, Sch 4 (4). Am 2013 No 38, Sch 1.1 [1]–[4].

Division 2Discrimination in work8Discrimination against applicants and employees(1)

It is unlawful for an employer to discriminate against a person on the ground of race—

• (a)

  in the arrangements the employer makes for the purpose of determining who should be offered employment,

• (b)

  in determining who should be offered employment, or

• (c)

  in the terms on which the employer offers employment.

(2)

It is unlawful for an employer to discriminate against an employee on the ground of race—

• (a)

  in the terms or conditions of employment which the employer affords the employee,

• (b)

  by denying the employee access, or limiting the employee’s access, to opportunities for promotion, transfer or training, or to any other benefits associated with employment, or

• (c)

  by dismissing the employee or subjecting the employee to any other detriment.

(3)

Subsections (1) and (2) do not apply to employment for the purposes of a private household.

s 8: Am 1994 No 28, Schs 4 (5), 5 (2) (3) (5).

9Discrimination against commission agents(1)

It is unlawful for a principal to discriminate against a person on the ground of race—

• (a)

  in the arrangements the principal makes for the purpose of determining who should be engaged as a commission agent,

• (b)

  in determining who should be engaged as a commission agent, or

• (c)

  in the terms on which the principal engages the person as a commission agent.

(2)

It is unlawful for a principal to discriminate against a commission agent on the ground of race—

• (a)

  in the terms or conditions which the principal affords him or her as a commission agent,

• (b)

  by denying him or her access, or limiting his or her access, to opportunities for promotion, transfer or training, or to any other benefits associated with his or her position as a commission agent, or

• (c)

  by terminating his or her engagement or subjecting him or her to any other detriment.

s 9: Am 1994 No 28, Schs 4 (5), 5 (6)–(9).

10Discrimination against contract workers

It is unlawful for a principal to discriminate against a contract worker on the ground of race—

• (a)

  in the terms on which the principal allows him or her to work,

• (b)

  by not allowing him or her to work or continue to work,

• (c)

  by denying him or her access, or limiting his or her access, to any benefit associated with the work in respect of which the contract with his or her employer is made, or

• (d)

  by subjecting him or her to any other detriment.

s 10: Am 1994 No 28, Schs 4 (5), 5 (6) (8) (9).

10APartnerships(1)

It is unlawful for a firm consisting of 6 or more partners, or for any one or more of 6 or more persons proposing to form themselves into a partnership, to discriminate against a person on the ground of race—

• (a)

  in the arrangements made for the purpose of determining who should be offered a position as partner in the firm,

• (b)

  in determining who should be offered a position as partner in the firm, or

• (c)

  in the terms on which the person is offered a position as partner in the firm.

(2)

It is unlawful for a firm consisting of 6 or more partners to discriminate against a partner on the ground of race—

• (a)

  by denying the partner access, or limiting the partner’s access, to any benefit arising from membership of the firm,

• (b)

  by expelling the partner from the firm, or

• (c)

  by subjecting the partner to any other detriment.

s 10A: Ins 1981 No 15, Sch 5 (5). Am 1994 No 28, Schs 4 (5), 5 (10)–(13).

10BDiscrimination by local government councillors

It is unlawful for any member or members of a council of a local government area when acting (whether alone or together) in the course of his, her or their official functions to discriminate against another member of the council on the ground of race.

s 10B: Ins 1994 No 28, Sch 4 (6).

11Industrial organisations(1)

It is unlawful for an industrial organisation to discriminate against a person who is not a member of the industrial organisation on the ground of race—

• (a)

  by refusing or failing to accept the person’s application for membership, or

• (b)

  in the terms on which it is prepared to admit the person to membership.

(2)

It is unlawful for an industrial organisation to discriminate against a person who is a member of the industrial organisation on the ground of race—

• (a)

  by denying the person access, or limiting the person’s access, to any benefit provided by the industrial organisation,

• (b)

  by depriving the person of membership or varying the terms of the person’s membership, or

• (c)

  by subjecting the person to any other detriment.

s 11: Am 1994 No 28, Schs 4 (5), 5 (4) (7).

12Qualifying bodies

It is unlawful for an authority or a body which is empowered to confer, renew or extend an authorisation or a qualification that is needed for or facilitates the practice of a profession, the carrying on of a trade or the engaging in of an occupation to discriminate against a person on the ground of race—

• (a)

  by refusing or failing to confer, renew or extend the authorisation or qualification,

• (b)

  in the terms on which it is prepared to confer the authorisation or qualification or to renew or extend the authorisation or qualification, or

• (c)

  by withdrawing the authorisation or qualification or varying the terms or conditions upon which it is held.

s 12: Am 1981 No 15, Sch 5 (6); 1994 No 28, Sch 4 (5).

13Employment agencies

It is unlawful for an employment agency to discriminate against a person on the ground of race—

• (a)

  by refusing to provide the person with any of its services,

• (b)

  in the terms on which it offers to provide the person with any of its services, or

• (c)

  in the manner in which it provides the person with any of its services.

s 13: Am 1981 No 15, Sch 5 (7); 1994 No 28, Schs 4 (5), 5 (7).

14Exception—genuine occupational qualification

Nothing in this Division applies to or in respect of any work or employment where that work or employment involves any one or more of the following—

• (a)

  participation in a dramatic performance or other entertainment in a capacity for which a person of a particular race is required for reasons of authenticity,

• (b)

  participation as an artist’s or photographic model in the production of a work of art, visual image or sequence of visual images for which a person of a particular race is required for reasons of authenticity,

• (c)

  working in a place where food or drink is, for payment or not, provided to and consumed by persons in circumstances in which a person of a particular race is required for reasons of authenticity, or

• (d)

  providing persons of a particular race with services for the purpose of promoting their welfare where those services can most effectively be provided by a person of the same race.

15Exception—employment intended to provide training in skills to be exercised outside New South Wales

Nothing in this Division applies to or in respect of anything done by an employer in or in connection with the employment in New South Wales of a person not ordinarily resident in New South Wales where that employment is intended to provide the person with training in skills to be exercised by the person wholly outside New South Wales.

s 15: Am 1994 No 28, Sch 5 (7).

16Exception—employment on ship or aircraft

Nothing in this Division applies to or in respect of the employment of a person on a ship or an aircraft in New South Wales if that person was engaged for that employment outside New South Wales.

Division 3Discrimination in other areas17Education(1)

It is unlawful for an educational authority to discriminate against a person on the ground of race—

• (a)

  by refusing or failing to accept the person’s application for admission as a student, or

• (b)

  in the terms on which it is prepared to admit the person as a student.

(2)

It is unlawful for an educational authority to discriminate against a student on the ground of race—

• (a)

  by denying the student access, or limiting the student’s access, to any benefit provided by the educational authority, or

• (b)

  by expelling the student or subjecting the student to any other detriment.

(3)

Nothing in this section applies to or in respect of a prescribed educational authority in relation to such circumstances, if any, as may be prescribed.

s 17: Am 1994 No 28, Schs 4 (5), 5 (4) (7) (14) (15).

18

(Repealed)

s 18: Am 1994 No 28, Schs 4 (5), 5 (7) (16). Rep 1997 No 9, Sch 1 [8].

19Provision of goods and services

It is unlawful for a person who provides (whether or not for payment) goods or services to discriminate against another person on the ground of race—

• (a)

  by refusing to provide the person with those goods or services, or

• (b)

  in the terms on which the other person is provided with those goods or services.

s 19: Am 1994 No 28, Schs 4 (5), 5 (7). Subst 1997 No 9, Sch 1 [9].

20Accommodation(1)

It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of race—

• (a)

  by refusing the person’s application for accommodation,

• (b)

  in the terms on which the person offers the person accommodation, or

• (c)

  by deferring the person’s application for accommodation or according the person a lower order of precedence in any list of applicants for that accommodation.

(2)

It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of race—

• (a)

  by denying the person access, or limiting the person’s access, to any benefit associated with accommodation occupied by the person, or

• (b)

  by evicting the person or subjecting the person to any other detriment.

(3)

Nothing in this section applies to or in respect of the provision of accommodation in premises if—

• (a)

  the person who provides or proposes to provide the accommodation or a near relative of that person resides, and intends to continue to reside, on those premises, and

• (b)

  the accommodation provided in those premises is for no more than 6 persons.

s 20: Am 1994 No 28, Schs 4 (5), 5 (4) (7) (17).

20ARegistered clubs(1)

It is unlawful for a registered club to discriminate against a person who is not a member of the registered club on the ground of race—

• (a)

  by refusing or failing to accept the person’s application for membership, or

• (b)

  in the terms on which it is prepared to admit the person to membership.

(2)

It is unlawful for a registered club to discriminate against a person who is a member of the registered club on the ground of race—

• (a)

  by denying the person access, or limiting the person’s access, to any benefit provided by the registered club,

• (b)

  by depriving the person of membership or varying the terms of the person’s membership, or

• (c)

  by subjecting the person to any other detriment.

(3)

Nothing in subsection (1) or (2) applies to or in respect of a registered club if the principal object of the registered club is to provide benefits for persons of a specified race defined otherwise than by reference to—

• (a)

  colour, or

• (b)

  a description which has the effect of excluding persons of that race who are of a different colour from those persons, or the majority of those persons, who do not come within that description.

(4)

In determining whether the principal object of a registered club is as referred to in subsection (3), regard shall be had to—

• (a)

  the essential character of the registered club,

• (b)

  the extent to which the affairs of the registered club are so conducted that the persons primarily enjoying the benefits of membership are of the race specified in the principal object, and

• (c)

  any other relevant circumstance.

s 20A: Ins 1981 No 15, Sch 4 (3). Am 1994 No 28, Schs 4 (5), 5 (4) (7).

Division 3ARacial vilification

pt 2, div 3A: Ins 1989 No 48, Sch 1 (1).

20BDefinition of “public act”

In this Division, public act includes—

• (a)

  any form of communication to the public, including speaking, writing, printing, displaying notices, broadcasting, telecasting, screening and playing of tapes or other recorded material, and

• (b)

  any conduct (not being a form of communication referred to in paragraph (a)) observable by the public, including actions and gestures and the wearing or display of clothing, signs, flags, emblems and insignia, and

• (c)

  the distribution or dissemination of any matter to the public with knowledge that the matter promotes or expresses hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of the race of the person or members of the group.

s 20B: Ins 1989 No 48, Sch 1 (1).

20CRacial vilification unlawful(1)

It is unlawful for a person, by a public act, to incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of the race of the person or members of the group.

(2)

Nothing in this section renders unlawful—

• (a)

  a fair report of a public act referred to in subsection (1), or

• (b)

  a communication or the distribution or dissemination of any matter on an occasion that would be subject to a defence of absolute privilege (whether under the Defamation Act 2005 or otherwise) in proceedings for defamation, or

• (c)

  a public act, done reasonably and in good faith, for academic, artistic, scientific or research purposes or for other purposes in the public interest, including discussion or debate about and expositions of any act or matter.

s 20C: Ins 1989 No 48, Sch 1 (1). Am 2005 No 77, Sch 6.1 [1].

20D

(Repealed)

s 20D: Ins 1989 No 48, Sch 1 (1). Am 1994 No 28, Sch 1 (2). Rep 2018 No 32, Sch 2 [1].

Division 4Exceptions to Part 221Special needs programs and activities

Nothing in this Part applies to or in respect of anything done in affording persons of a particular race access to facilities, services or opportunities to meet their special needs or to promote equal or improved access for them to facilities, services and opportunities.

s 21: Subst 1994 No 28, Sch 4 (7).

22Sport

Nothing in this Part applies to or in respect of anything done on the grounds of a person’s nationality or place of birth or length of time for which the person has been resident in a particular place or area—

• (a)

  in selecting one or more persons to represent a place or an area in any sport or game, or

• (b)

  in pursuance of the rules of any competition in so far as they relate to eligibility to compete in any sport or game.

s 22: Am 1994 No 28, Sch 5 (17).

Part 2AProhibition of sexual harassment

pt 2A (ss 22A–22J): Ins 1997 No 9, Sch 1 [10].

22AMeaning of “sexual harassment”

For the purposes of this Part, a person sexually harasses another person if—

• (a)

  the person makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the other person, or

• (b)

  the person engages in other unwelcome conduct of a sexual nature in relation to the other person,

in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the other person would be offended, humiliated or intimidated.

pt 2A (ss 22A–22J): Ins 1997 No 9, Sch 1 [10].

22BHarassment of employees, commission agents, contract workers, partners etc(1)

It is unlawful for an employer to sexually harass—

• (a)

  an employee, or

• (b)

  a person who is seeking employment with the employer.

(2)

It is unlawful for an employee to sexually harass a fellow employee or a person who is seeking employment with the same employer.

(3)

It is unlawful for a person to sexually harass—

• (a)

  a commission agent or contract worker of the person, or

• (b)

  a person who is seeking to become a commission agent or contract worker of the person.

(4)

It is unlawful for a commission agent or contract worker to sexually harass a fellow commission agent or fellow contract worker.

(5)

It is unlawful for a partner in a partnership to sexually harass another partner, or a person who is seeking to become a partner, in the same partnership.

(6)

It is unlawful for a workplace participant to sexually harass another workplace participant at a place that is a workplace of both those persons.

(7)

It is unlawful for a member of either House of Parliament to sexually harass—

• (a)

  a workplace participant at a place that is a workplace of both the member and the workplace participant, or

• (b)

  another member of Parliament at a place that is a workplace of both members.

(8)

It is unlawful for a workplace participant to sexually harass a member of either House of Parliament at a place that is the workplace of both the member and the workplace participant.

(9)

In this section—

place includes a ship, aircraft or vehicle.

workplace means a place at which a workplace participant works or otherwise attends in connection with being a workplace participant.

workplace participant means any of the following—

• (a)

  an employer or employee,

• (b)

  a commission agent or contract worker,

• (c)

  a partner in a partnership,

• (d)

  a person who is self-employed,

• (e)

  a volunteer or unpaid trainee.

(10)

Without limiting the definition of workplace, the workplace of a member of either House of Parliament is taken to include the following—

• (a)

  the whole of Parliament House,

• (b)

  any ministerial office or electoral office of the member,

• (c)

  any other place that the member otherwise attends in connection with his or her Ministerial, parliamentary or electoral duties.

pt 2A (ss 22A–22J): Ins 1997 No 9, Sch 1 [10].

22CHarassment by members of qualifying bodies(1)

It is unlawful for a member or an employee of an authority or body which is empowered to confer, renew or extend an authorisation or a qualification that is needed for or facilitates the practice of a profession, the carrying on of a trade or the engaging in of an occupation to sexually harass a person seeking action in connection with an occupational qualification.

(2)

In this section—

action in connection with an occupational qualification means conferring, renewing, extending, revoking or withdrawing an authorisation or qualification.

pt 2A (ss 22A–22J): Ins 1997 No 9, Sch 1 [10].

22DHarassment in employment agencies

It is unlawful for—

• (a)

  a person who operates an employment agency, or

• (b)

  an employee of an employment agency,

to sexually harass another person in the course of providing, or offering to provide, any of the agency’s services to that other person.

pt 2A (ss 22A–22J): Ins 1997 No 9, Sch 1 [10].

22EHarassment at educational institutions(1)

It is unlawful for a member of the staff of an educational institution to sexually harass—

• (a)

  a person who is a student at the institution, or

• (b)

  a person who is seeking to become a student at the institution.

(2)

It is unlawful for a person who is an adult student at an educational institution to sexually harass—

• (a)

  a person who is a student at the institution, or

• (b)

  a member of the staff of the institution.

(3)

If a complaint under subsection (2) is found to have been substantiated after an inquiry under Part 9, the Tribunal may make any order that it is empowered to make under section 113 (1) (b). However, if the respondent student was over the age of 16, but under the age of 18, when the unlawful conduct occurred, the Tribunal may not make an order requiring the student to pay damages under section 113 (1) (b) (i).

(4)

In this section—

adult student means a student who has attained the age of 16 years.

educational institution means a school, college, university or other institution at which education or training is provided.

pt 2A (ss 22A–22J): Ins 1997 No 9, Sch 1 [10].

22FProvision of goods and services

It is unlawful for a person to sexually harass another person in the course of—

• (a)

  receiving, or seeking to receive, goods or services from that other person, or

• (b)

  providing, or offering to provide, goods or services to that other person.

pt 2A (ss 22A–22J): Ins 1997 No 9, Sch 1 [10].

22GProvision of accommodation(1)

It is unlawful for a person to sexually harass another person in the course of providing, or offering to provide, (whether as principal or agent) accommodation to that other person.

(2)

This section does not apply to anything done by a person in the course of providing, or offering to provide, accommodation in a private household.

pt 2A (ss 22A–22J): Ins 1997 No 9, Sch 1 [10].

22HLand

It is unlawful for a person to sexually harass another person in the course of dealing (whether as principal or agent) with that other person in connection with—

• (a)

  disposing of, or offering to dispose of, an estate or interest in land to the other person, or

• (b)

  acquiring, or offering to acquire, an estate or interest in land from the other person.

pt 2A (ss 22A–22J): Ins 1997 No 9, Sch 1 [10].

22ISport(1)

It is unlawful for a person engaged in a sporting activity to sexually harass another person engaged in a sporting activity.

(2)

For the purposes of this section, a person is engaged in a sporting activity if—

• (a)

  the person is involved in an organised sporting competition,

• (b)

  the person is coaching a person or team, or is being coached, for the purposes of an organised sporting competition,

• (c)

  the person is carrying out an activity relating to the administration of a sport or an organised sporting competition,

• (d)

  the person is officiating at an organised sporting competition or carrying out related duties or functions,

• (e)

  the person is officially involved in a function relating to a sport or an organised sporting competition.

pt 2A (ss 22A–22J): Ins 1997 No 9, Sch 1 [10].

22JState laws and programs(1)

It is unlawful for a person to sexually harass another person—

• (a)

  in the course of performing any function under a State law or for the purposes of a State program, or

• (b)

  in the course of carrying out any other responsibility for the administration of a State law or the conduct of a State program.

(2)

In this section—

State law means—

• (a)

  an Act, a statutory rule, or a determination made under or pursuant to an Act, or

• (b)

  an order or award made under or pursuant to such a law.

State program means a program conducted by or on behalf of the State Government.

pt 2A (ss 22A–22J): Ins 1997 No 9, Sch 1 [10].

Part 3Sex discriminationDivision 1General23Definitions

In this Part—

man means a member of the male sex irrespective of his age.

woman means a member of the female sex irrespective of her age.

24What constitutes discrimination on the ground of sex(1)

A person (the perpetrator) discriminates against another person (the aggrieved person) on the ground of sex if the perpetrator—

• (a)

  on the ground of the aggrieved person’s sex or the sex of a relative or associate of the aggrieved person, treats the aggrieved person less favourably than in the same circumstances, or in circumstances which are not materially different, the perpetrator treats or would treat a person of the opposite sex or who does not have such a relative or associate of that sex, or

• (b)

  requires the aggrieved person to comply with a requirement or condition with which a substantially higher proportion of persons of the opposite sex, or who do not have a relative or associate of that sex, comply or are able to comply, being a requirement which is not reasonable having regard to the circumstances of the case and with which the aggrieved person does not or is not able to comply.

(1A)

For the purposes of subsection (1) (a), something is done on the ground of a person’s sex if it is done on the ground of the person’s sex, a characteristic that appertains generally to persons of that sex or a characteristic that is generally imputed to persons of that sex.

(1B)

For the purposes of this section, but without limiting the generality of this section, the fact that a woman is or may become pregnant is a characteristic that appertains generally to women.

(1C)

For the purposes of this section, but without limiting the generality of this section, the fact that a woman is breastfeeding or may breastfeed is a characteristic that appertains generally to women. For the purposes of this Act, breastfeeding includes the act of expressing breast milk.

(2)

For the purposes of subsection (1), the circumstances in which a person treats or would treat another person of the opposite sex are not materially different by reason of the fact that the persons between whom the discrimination occurs—

• (a)

  are a woman who is pregnant and a man, or

• (b)

  are not of the same marital or domestic status, or

• (c)

  are a woman who is breastfeeding and a man.

(3)

(Repealed)

s 24: Am 1981 No 15, Sch 5 (8); 1994 No 28, Sch 4 (8); 2007 No 45, Sch 1 [1] [2]; 2008 No 23, Sch 1 [5]; 2013 No 38, Sch 1.1 [5]–[7].

Division 2Discrimination in work25Discrimination against applicants and employees(1)

It is unlawful for an employer to discriminate against a person on the ground of sex—

• (a)

  in the arrangements the employer makes for the purpose of determining who should be offered employment,

• (b)

  in determining who should be offered employment, or

• (c)

  in the terms on which the employer offers employment.

(1A)

(Repealed)

(2)

It is unlawful for an employer to discriminate against an employee on the ground of sex—

• (a)

  in the terms or conditions of employment which the employer affords the employee,

• (b)

  by denying the employee access, or limiting the employee’s access, to opportunities for promotion, transfer or training, or to any other benefits associated with employment, or

• (c)

  by dismissing the employee or subjecting the employee to any other detriment.

(2A)

(Repealed)

(3)

Subsections (1) and (2) do not apply to employment—

• (a)

  for the purposes of a private household,

• (b)

  where the number of persons employed by the employer, disregarding any persons employed within the employer’s private household, does not exceed 5, or

• (c)

  by a private educational authority.

(4)

For the purposes of subsection (3) (b), a corporation shall be regarded as the employer of the employees of any other corporation which, with respect to the firstmentioned corporation, is a related body corporate within the meaning of the Corporations Act 2001 of the Commonwealth.

s 25: Am 1981 No 15, Sch 5 (9); 1981 No 123, Sch 8; 1994 No 28, Schs 4 (9) (10), 5 (2) (3) (5) (18); 1997 No 9, Sch 1 [11]; 2001 No 34, Sch 4.2 [2]; 2018 No 4, Sch 1.1 [1].

26Discrimination against commission agents(1)

It is unlawful for a principal to discriminate against a person on the ground of sex—

• (a)

  in the arrangements the principal makes for the purpose of determining who should be engaged as a commission agent,

• (b)

  in determining who should be engaged as a commission agent, or

• (c)

  in the terms on which the principal engages the person as a commission agent.

(2)

It is unlawful for a principal to discriminate against a commission agent on the ground of sex—

• (a)

  in the terms or conditions which the principal affords him or her as a commission agent,

• (b)

  by denying him or her access, or limiting his or her access, to opportunities for promotion, transfer or training, or to any other benefits associated with his or her position as a commission agent, or

• (c)

  by terminating his or her engagement or subjecting him or her to any other detriment.

s 26: Am 1994 No 28, Schs 4 (9), 5 (6)–(9).

27Discrimination against contract workers

It is unlawful for a principal to discriminate against a contract worker on the ground of sex—

• (a)

  in the terms on which the principal allows the contract worker to work,

• (b)

  by not allowing the contract worker to work or continue to work,

• (c)

  by denying the contract worker access, or limiting his or her access, to any benefit associated with the work in respect of which the contract with his or her employer is made, or

• (d)

  by subjecting the contract worker to any other detriment.

s 27: Am 1994 No 28, Schs 4 (9), 5 (6) (9) (19).

27APartnerships(1)

It is unlawful for a firm consisting of 6 or more partners, or for any one or more of 6 or more persons proposing to form themselves into a partnership, to discriminate against a person on the ground of sex—

• (a)

  in the arrangements made for the purpose of determining who should be offered a position as a partner in the firm,

• (b)

  in determining who should be offered a position as partner in the firm, or

• (c)

  in the terms on which the person is offered a position as partner in the firm.

(2)

It is unlawful for a firm consisting of 6 or more partners to discriminate against a partner on the ground of sex—

• (a)

  by denying the partner access, or limiting the partner’s access, to any benefit arising from membership of the firm,

• (b)

  by expelling the partner from the firm, or

• (c)

  by subjecting the partner to any other detriment.

s 27A: Ins 1981 No 15, Sch 5 (10). Am 1994 No 28, Schs 4 (9), 5 (10)–(13).

27BDiscrimination by local government councillors

It is unlawful for any member or members of a council of a local government area when acting (whether alone or together) in the course of his, her or their official functions to discriminate against another member of the council on the ground of sex.

s 27B: Ins 1994 No 28, Sch 4 (11).

28Industrial organisations(1)

It is unlawful for an industrial organisation to discriminate against a person who is not a member of the industrial organisation on the ground of sex—

• (a)

  by refusing or failing to accept the person’s application for membership, or

• (b)

  in the terms on which it is prepared to admit the person to membership.

(2)

It is unlawful for an industrial organisation to discriminate against a person who is a member of the industrial organisation on the ground of sex—

• (a)

  by denying the person access, or limiting the person’s access, to any benefit provided by the industrial organisation,

• (b)

  by depriving the person of membership or varying the terms of the person’s membership, or

• (c)

  by subjecting the person to any other detriment.

s 28: Am 1994 No 28, Schs 4 (9), 5 (4) (7).

29Qualifying bodies

It is unlawful for an authority or a body which is empowered to confer, renew or extend an authorisation or a qualification that is needed for or facilitates the practice of a profession, the carrying on of a trade or the engaging in of an occupation to discriminate against a person on the ground of sex—

• (a)

  by refusing or failing to confer, renew or extend the authorisation or qualification,

• (b)

  in the terms on which it is prepared to confer the authorisation or qualification or to renew or extend the authorisation or qualification, or

• (c)

  by withdrawing the authorisation or qualification or varying the terms or conditions upon which it is held.

s 29: Am 1981 No 15, Sch 5 (11); 1994 No 28, Sch 4 (9).

30Employment agencies

It is unlawful for an employment agency to discriminate against a person on the ground of sex—

• (a)

  by refusing to provide the person with any of its services,

• (b)

  in the terms on which it offers to provide the person with any of its services, or

• (c)

  in the manner in which it provides the person with any of its services.

s 30: Am 1981 No 15, Sch 5 (12); 1994 No 28, Schs 4 (9), 5 (7).

31Exception—genuine occupational qualification(1)

Nothing in this Division renders unlawful discrimination against a person on the ground of the person’s sex where being a person of a particular sex is a genuine occupational qualification for the job.

(2)

Being a person of a particular sex is a genuine occupational qualification for a job where any one or more of the following requirements is satisfied—

• (a)

  the essential nature of the job calls for a person of that sex for reasons of physiognomy or physique, excluding physical strength or stamina, or, in dramatic performances or other entertainment, for reasons of authenticity, so that the essential nature of the job would be materially different if carried out by a person of the opposite sex, or

• (b)

  the job needs to be held by a person of that sex to preserve decency or privacy because it involves the fitting of a person’s clothing, or

• (c)

  the job requires the holder of the job to enter a lavatory ordinarily used by persons of that sex while it is used by persons of that sex, or

• (d)

  the job requires the holder of the job to search persons of that sex, or

• (e)

  the job requires the holder of the job to enter areas ordinarily used by persons of that sex while in a state of undress or while bathing or showering, or

• (f)

  the job requires the holder of the job to live in premises provided by the employer and—

  • (i)

    those premises are not equipped with separate sleeping accommodation for persons of the opposite sex and sanitary facilities which could be used by persons of the opposite sex in privacy from persons of that sex, and

  • (ii)

    it is not reasonable to expect the employer either to equip those premises with accommodation and facilities of that kind or to provide other premises for persons of the opposite sex, or

• (g)

  the job requires the holder of the job to keep persons of that sex in custody in a prison or other institution or in part of a prison or other institution, or

• (h)

  the holder of the job provides persons of that sex with personal services relating to their welfare or education, or similar personal services, and they or a substantial number of them might reasonably object to its being carried out by a person of the opposite sex, or

• (i)

  the job is one of two to be held by a married couple.

(3)

Being a person of a particular sex is a genuine occupational qualification for a prescribed job or a job of a prescribed class or description.

(4)

Nothing in subsection (2) limits the Governor’s power to make a regulation for the purposes of subsection (3).

s 31: Am 1981 No 15, Sch 5 (13); 1987 No 48, Sch 32; 1994 No 28, Sch 4 (9). Subst 1994 No 28, Sch 5 (20).

Division 3Discrimination in other areas31AEducation(1)

It is unlawful for an educational authority to discriminate against a person on the ground of sex—

• (a)

  by refusing or failing to accept the person’s application for admission as a student, or

• (b)

  in the terms on which it is prepared to admit the person as a student.

(2)

It is unlawful for an educational authority to discriminate against a student on the ground of sex—

• (a)

  by denying the student access, or limiting the student’s access, to any benefit provided by the educational authority, or

• (b)

  by expelling the student or subjecting the student to any other detriment.

(3)

Nothing in this section applies to or in respect of—

• (a)

  a private educational authority, or

• (b)

  a refusal or failure to accept a person’s application for admission as a student by an educational authority where the educational authority administers a school, college, university or other institution which is conducted solely for students of the opposite sex to the sex of the applicant.

(4)

The admission into any such school, college, university or other institution of a transgender person as referred to in Part 3A who identifies with the sex of persons for whom the school, college, university or other institution is conducted does not, for the purposes of subsection (3) (b), affect its status as a school, college, university or other institution conducted solely for students of the same sex.

s 31A: Ins 1981 No 15, Sch 5 (14). Am 1994 No 28, Schs 4 (9), 5 (4) (7) (14) (15); 1996 No 22, Sch 1 [2].

32

(Repealed)

s 32: Am 1982 No 142, Sch 4 (2); 1994 No 28, Schs 4 (9), 5 (7) (21). Rep 1997 No 9, Sch 1 [12].

33Provision of goods and services(1)

It is unlawful for a person who provides, for payment or not, goods or services to discriminate against another person on the ground of sex—

• (a)

  by refusing to provide the person with those goods or services, or

• (b)

  in the terms on which he or she provides the person with those goods or services.

(2)

Where a skill is commonly exercised in a different way in relation to men and women, a person does not contravene subsection (1) by exercising the skill in relation to men only, or women only, in accordance with the person’s normal practice.

s 33: Am 1981 No 15, Sch 5 (15); 1994 No 28, Schs 4 (9), 5 (4) (7) (16).

34Accommodation(1)

It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of sex—

• (a)

  by refusing the person’s application for accommodation,

• (b)

  in the terms on which he or she offers the person accommodation, or

• (c)

  by deferring the person’s application for accommodation or according to the person a lower order of precedence in any list of applicants for that accommodation.

(2)

It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of sex—

• (a)

  by denying the person access, or limiting the person’s access, to any benefit associated with accommodation occupied by the person, or

• (b)

  by evicting the person or subjecting the person to any other detriment.

(3)

Nothing in this section applies to or in respect of the provision of accommodation in premises if—

• (a)

  the person who provides or proposes to provide the accommodation or a near relative of that person resides, and intends to continue to reside, on those premises, and

• (b)

  the accommodation provided in those premises is for no more than 6 persons.

s 34: Am 1994 No 28, Schs 4 (9), 5 (4) (7) (16).

34ARegistered clubs(1)

It is unlawful for a registered club to discriminate against a person who is not a member of the registered club on the ground of sex—

• (a)

  by refusing or failing to accept the person’s application for membership, or

• (b)

  in the terms on which it is prepared to admit the person to membership.

(2)

It is unlawful for a registered club to discriminate against a person who is a member of a registered club on the ground of sex—

• (a)

  by denying the person access, or limiting the person’s access, to any benefit provided by the registered club,

• (b)

  by depriving the person of membership or varying the terms of the person’s membership, or

• (c)

  by subjecting the person to any other detriment.

(3)

Nothing in subsection (1) or (2) renders unlawful discrimination by a registered club against a person on the ground of sex if membership of the registered club is available to persons of the opposite sex only.

(3A)

The admission into any such registered club of a transgender person as referred to in Part 3A who identifies with the sex of persons for whom membership of the registered club is available does not, for the purposes of subsection (3), affect its status as a registered club the membership of which is available to persons of the same sex only.

(4)

Nothing in subsection (1) (paragraph (a) excepted) or subsection (2) renders unlawful discrimination by a registered club against a person on the ground of sex if the discrimination occurs in relation to the use or enjoyment of any benefit provided by the registered club where—

• (a)

  it is not practicable for the benefit to be used or enjoyed—

  • (i)

    simultaneously, or

  • (ii)

    to the same extent,

  by both men and women, and

• (b)

  either—

  • (i)

    the same, or an equivalent, benefit is provided for the use of men and women separately from each other, or

  • (ii)

    men and women are each entitled to a fair and reasonable proportion of the use and enjoyment of the benefit.

(5)

In determining any matter relating to the application of subsection (4), regard shall be had to—

• (a)

  the purposes for which the registered club is established,

• (b)

  the membership of the registered club, including any class or type of membership,

• (c)

  the nature of the benefits provided by the registered club,

• (d)

  the opportunities for the use and enjoyment of those benefits by men and women, and

• (e)

  any other relevant circumstance.

s 34A: Ins 1981 No 15, Sch 4 (4). Am 1994 No 28, Schs 4 (9), 5 (4) (7); 1996 No 22, Sch 1 [3].

Division 4Exceptions to Part 335Pregnancy, childbirth and breastfeeding

Nothing in this Part renders unlawful discrimination by a person against a man on the ground of sex by reason only of the fact that that person grants to a woman rights or privileges in connection with pregnancy, childbirth or breastfeeding.

s 35: Am 1994 No 28, Sch 4 (9); 2007 No 45, Sch 1 [3].

36Superannuation

Nothing in this Part renders unlawful discrimination on the ground of sex in the terms or conditions appertaining to a superannuation or provident fund or scheme, where—

• (a)

  the terms or conditions—

  • (i)

    are based upon actuarial or statistical data on which it is reasonable to rely, and

  • (ii)

    are reasonable having regard to the data and any other relevant factors, or

• (b)

  in a case where no such actuarial or statistical data is available and cannot reasonably be obtained—the terms or conditions are reasonable having regard to any other relevant factors,

and the source on which any data referred to in paragraph (a) is based is disclosed to the Tribunal, where the Tribunal so requires, and any other relevant factors to which regard has been had as referred to in paragraph (a) or (b) are disclosed to the Tribunal, where the Tribunal so requires.

s 36: Am 1994 No 28, Sch 4 (12).

37Insurance etc

Nothing in this Part renders unlawful discrimination on the ground of sex with respect to the terms on which an annuity, a life assurance policy, an accident or insurance policy or other policy of insurance is offered or may be obtained where—

• (a)

  the discrimination is—

  • (i)

    based upon actuarial or statistical data from a source on which it is reasonable to rely, and

  • (ii)

    reasonable having regard to the data and any other relevant factors, and

• (b)

  the source on which the actuarial or statistical data referred to in paragraph (a) (i) is based is disclosed to the Tribunal, where the Tribunal so requires.

s 37: Am 1981 No 15, Sch 2 (20).

38Sport

Nothing in this Part renders unlawful the exclusion of persons of the one sex from participation in any sporting activity not being the coaching of persons engaged in any sporting activity, the administration of any sporting activity or any prescribed sporting activity.

Part 3ADiscrimination on transgender groundsDivision 1General

pt 3A, div 1: Ins 1996 No 22, Sch 1 [4].

38AInterpretation

A reference in this Part to a person being transgender or a transgender person is a reference to a person, whether or not the person is a recognised transgender person—

• (a)

  who identifies as a member of the opposite sex by living, or seeking to live, as a member of the opposite sex, or

• (b)

  who has identified as a member of the opposite sex by living as a member of the opposite sex, or

• (c)

  who, being of indeterminate sex, identifies as a member of a particular sex by living as a member of that sex,

and includes a reference to the person being thought of as a transgender person, whether the person is, or was, in fact a transgender person.

s 38A: Ins 1996 No 22, Sch 1 [4].

38BWhat constitutes discrimination on transgender grounds(1)

A person (the perpetrator) discriminates against another person (the aggrieved person) on transgender grounds if the perpetrator—

• (a)

  on the ground of the aggrieved person being transgender or a relative or associate of the aggrieved person being transgender, treats the aggrieved person less favourably than in the same circumstances (or in circumstances which are not materially different) the perpetrator treats or would treat a person who he or she did not think was a transgender person or who does not have such a relative or associate who he or she did not think was a transgender person, or

• (b)

  requires the aggrieved person to comply with a requirement or condition with which a substantially higher proportion of persons who are not transgender persons, or who do not have a relative or associate who is a transgender person, comply or are able to comply, being a requirement which is not reasonable having regard to the circumstances of the case and with which the aggrieved person does not or is not able to comply, or

• (c)

  treats the aggrieved person, being a recognised transgender person, as being of the person’s former sex or requires the aggrieved person, being a recognised transgender person, to comply with a requirement or condition with which a substantially higher proportion of persons of the person’s former sex comply or are able to comply, being a requirement or condition which is not reasonable having regard to the circumstances of the case and with which the aggrieved person does not or is not able to comply.

(2)

For the purposes of subsection (1) (a), something is done on the ground of a person being transgender if it is done on the ground of the person being transgender, a characteristic that appertains generally to transgender persons or a characteristic that is generally imputed to transgender persons.

s 38B: Ins 1996 No 22, Sch 1 [4]. Am 2013 No 38, Sch 1.1 [8] [9].

Division 2Discrimination in work

pt 3A, div 2: Ins 1996 No 22, Sch 1 [4].

38CDiscrimination against applicants and employees(1)

It is unlawful for an employer to discriminate against a person on transgender grounds—

• (a)

  in the arrangements the employer makes for the purpose of determining who should be offered employment, or

• (b)

  in determining who should be offered employment, or

• (c)

  in the terms on which employment is offered.

(2)

It is unlawful for an employer to discriminate against an employee on transgender grounds—

• (a)

  in the terms or conditions of employment that are afforded to the employee, or

• (b)

  by denying the employee access, or limiting the employee’s access, to opportunities for promotion, transfer or training, or to any other benefits associated with employment, or

• (c)

  by dismissing the employee or subjecting the employee to any other detriment.

(3)

Subsections (1) and (2) do not apply to employment—

• (a)

  for the purposes of a private household, or

• (b)

  if the number of persons employed by the employer (disregarding any persons employed within the employer’s private household) does not exceed 5, or

• (c)

  by a private educational authority.

(4)

For the purposes of subsection (3) (b), a corporation is regarded as the employer of the employees of any other corporation which, with respect to the firstmentioned corporation, is a related body corporate within the meaning of the Corporations Act 2001 of the Commonwealth.

s 38C: Ins 1996 No 22, Sch 1 [4]. Am 2001 No 34, Sch 4.2 [3].

38DDiscrimination against commission agents(1)

It is unlawful for a principal to discriminate against a person on transgender grounds—

• (a)

  in the arrangements the principal makes for the purpose of determining who should be engaged as a commission agent, or

• (b)

  in determining who should be engaged as a commission agent, or

• (c)

  in the terms on which the principal engages the person as a commission agent.

(2)

It is unlawful for a principal to discriminate against a commission agent on transgender grounds—

• (a)

  in the terms or conditions that are afforded to the commission agent, or

• (b)

  by denying the commission agent access, or limiting the commission agent’s access, to opportunities for promotion, transfer or training, or to any other benefits associated with his or her position as a commission agent, or

• (c)

  by terminating the commission agent’s engagement or subjecting the commission agent to any other detriment.

ss 38D–38J: Ins 1996 No 22, Sch 1 [4].

38EDiscrimination against contract workers

It is unlawful for a principal to discriminate against a contract worker on transgender grounds—

• (a)

  in the terms on which the contract worker is allowed to work, or

• (b)

  by not allowing the contract worker to work or continue to work, or

• (c)

  by denying the contract worker access, or limiting the contract worker’s access, to any benefit associated with the work performed by the contract worker, or

• (d)

  by subjecting the contract worker to any other detriment.

ss 38D–38J: Ins 1996 No 22, Sch 1 [4].

38FPartnerships(1)

It is unlawful for a firm consisting of 6 or more partners, or for any one or more of 6 or more persons proposing to form themselves into a partnership, to discriminate against a person on transgender grounds—

• (a)

  in the arrangements made for the purpose of determining who should be offered a position as partner in the firm, or

• (b)

  in determining who should be offered a position as partner in the firm, or

• (c)

  in the terms on which the person is offered a position as partner in the firm.

(2)

It is unlawful for a firm consisting of 6 or more partners to discriminate against a partner on transgender grounds—

• (a)

  by denying the partner access, or limiting the partner’s access, to any benefit arising from membership of the firm, or

• (b)

  by expelling the partner from the firm, or

• (c)

  by subjecting the partner to any other detriment.

ss 38D–38J: Ins 1996 No 22, Sch 1 [4].

38GDiscrimination by local government councillors

It is unlawful for any member or members of a council of a local government area when acting (whether alone or together) in the course of the member’s or members’ official functions to discriminate against another member of the council on transgender grounds.

ss 38D–38J: Ins 1996 No 22, Sch 1 [4].

38HIndustrial organisations(1)

It is unlawful for an industrial organisation to discriminate on transgender grounds against a person who is not a member of the industrial organisation—

• (a)

  by refusing or failing to accept the person’s application for membership, or

• (b)

  in the terms on which it is prepared to admit the person to membership.

(2)

It is unlawful for an industrial organisation to discriminate against a member of the organisation on transgender grounds—

• (a)

  by denying the member access, or limiting the member’s access, to any benefit provided by the organisation, or

• (b)

  by depriving the member of membership or varying the terms of his or her membership, or

• (c)

  by subjecting the member to any other detriment.

ss 38D–38J: Ins 1996 No 22, Sch 1 [4].

38IQualifying bodies

It is unlawful for an authority or a body which is empowered to confer, renew or extend an authorisation or a qualification that is needed for or facilitates the practice of a profession, the carrying on of a trade or the engaging in of an occupation to discriminate against a person on transgender grounds—

• (a)

  by refusing or failing to confer, renew or extend the authorisation or qualification, or

• (b)

  in the terms on which it is prepared to confer the authorisation or qualification or to renew or extend the authorisation or qualification, or

• (c)

  by withdrawing the authorisation or qualification or varying the terms or conditions on which it is held.

ss 38D–38J: Ins 1996 No 22, Sch 1 [4].

38JEmployment agencies

It is unlawful for an employment agency to discriminate against a person on transgender grounds—

• (a)

  by refusing to provide the person with any of its services, or

• (b)

  in the terms on which it offers to provide the person with any of its services, or

• (c)

  in the manner in which it provides the person with any of its services.

ss 38D–38J: Ins 1996 No 22, Sch 1 [4].

Division 3Discrimination in other areas38KEducation(1)

It is unlawful for an educational authority to discriminate against a person on transgender grounds—

• (a)

  by refusing or failing to accept the person’s application for admission as a student, or

• (b)

  in the terms on which it is prepared to admit the person as a student.

(2)

It is unlawful for an educational authority to discriminate against a student on transgender grounds—

• (a)

  by denying the student access, or limiting the student’s access, to any benefit provided by the educational authority, or

• (b)

  by expelling the student or subjecting the student to any other detriment.

(3)

Nothing in this section applies to or in respect of a private educational authority.

s 38K: Ins 1996 No 22, Sch 1 [4].

38L

(Repealed)

s 38L: Ins 1996 No 22, Sch 1 [4]. Rep 1997 No 9, Sch 1 [13].

38MProvision of goods and services

It is unlawful for a person who provides (whether or not for payment) goods or services to discriminate against another person on transgender grounds—

• (a)

  by refusing to provide the person with those goods or services, or

• (b)

  in the terms on which the other person is provided with those goods or services.

ss 38M–38O: Ins 1996 No 22, Sch 1 [4].

38NAccommodation(1)

It is unlawful for a person, whether as principal or agent, to discriminate against another person on transgender grounds—

• (a)

  by refusing the person’s application for accommodation, or

• (b)

  in the terms on which he or she offers the person accommodation, or

• (c)

  by deferring the person’s application for accommodation or giving the person a lower order of precedence in any list of applicants for that accommodation.

(2)

It is unlawful for a person, whether as principal or agent, to discriminate against another person on transgender grounds—

• (a)

  by denying the person access, or limiting the person’s access, to any benefit associated with accommodation occupied by the person, or

• (b)

  by evicting the person or subjecting the person to any other detriment.

(3)

Nothing in this section applies to or in respect of the provision of accommodation in premises if—

• (a)

  the person who provides or proposes to provide the accommodation or a near relative of that person resides, and intends to continue to reside, in those premises, and

• (b)

  the accommodation provided in those premises is for no more than 6 persons.

ss 38M–38O: Ins 1996 No 22, Sch 1 [4].

38ORegistered clubs(1)

It is unlawful for a registered club to discriminate on transgender grounds against a person who is not a member of the registered club—

• (a)

  by refusing or failing to accept the person’s application for membership of the club, or

• (b)

  in the terms on which it is prepared to admit the person to membership of the club.

(2)

It is unlawful for a registered club to discriminate on transgender grounds against a member of the registered club—

• (a)

  by denying the member access, or limiting the members’ access, to any benefit provided by the club, or

• (b)

  by depriving the member of membership or varying the terms of his or her membership, or

• (c)

  by subjecting the member to any other detriment.

ss 38M–38O: Ins 1996 No 22, Sch 1 [4].

Division 4Exceptions to Part 3A

pt 3A, div 4 (ss 38P, 38Q): Ins 1996 No 22, Sch 1 [4].

38PSport(1)

Nothing in this Part renders unlawful the exclusion of a transgender person from participation in any sporting activity for members of the sex with which the transgender person identifies.

(2)

Subsection (1) does not apply—

• (a)

  to the coaching of persons engaged in any sporting activity, or

• (b)

  to the administration of any sporting activity, or

• (c)

  to any sporting activity prescribed by the regulations for the purposes of this section.

pt 3A, div 4 (ss 38P, 38Q): Ins 1996 No 22, Sch 1 [4].

38QSuperannuation

A person does not discriminate against a transgender person (whether or not a recognised transgender person) on transgender grounds if, in the administration of a superannuation or provident fund or scheme, the other person treats the transgender person as being of the opposite sex to the sex with which the transgender person identifies.

pt 3A, div 4 (ss 38P, 38Q): Ins 1996 No 22, Sch 1 [4].

Division 5Transgender vilification

pt 3A, div 5: Ins 1996 No 22, Sch 1 [4].

38RDefinition

In this Division—

public act includes—

• (a)

  any form of communication to the public, including speaking, writing, printing, displaying notices, broadcasting, telecasting, screening and playing of tapes or other recorded material, or

• (b)

  any conduct (not being a form of communication referred to in paragraph (a)) observable by the public, including actions and gestures and the wearing or display of clothing, signs, flags, emblems and insignia, or

• (c)

  the distribution or dissemination of any matter to the public with knowledge that the matter promotes or expresses hatred towards, serious contempt for, or severe ridicule of—

  • (i)

    a person on the ground that the person is a transgender person, or

  • (ii)

    a group of persons on the ground that the members of the group are transgender persons.

s 38R: Ins 1996 No 22, Sch 1 [4].

38STransgender vilification unlawful(1)

It is unlawful for a person, by a public act, to incite hatred towards, serious contempt for, or severe ridicule of—

• (a)

  a person on the ground that the person is a transgender person, or

• (b)

  a group of persons on the ground that the members of the group are transgender persons.

(2)

Nothing in this section renders unlawful—

• (a)

  a fair report of a public act referred to in subsection (1), or

• (b)

  a communication or the distribution or dissemination of any matter on an occasion that would be subject to a defence of absolute privilege (whether under the Defamation Act 2005 or otherwise) in proceedings for defamation, or

• (c)

  a public act, done reasonably and in good faith, for academic, artistic, scientific, research or religious discussion or instruction purposes or for other purposes in the public interest, including discussion or debate about and expositions of any act or matter.

s 38S: Ins 1996 No 22, Sch 1 [4]. Am 2005 No 77, Sch 6.1 [2].

38T

(Repealed)

s 38T: Ins 1996 No 22, Sch 1 [4]. Rep 2018 No 32, Sch 2 [2].

Part 4Discrimination on the ground of marital or domestic status

pt 4, hdg: Am 2008 No 23, Sch 1 [6].

Division 1General39What constitutes discrimination on the ground of marital or domestic status(1)

A person (the perpetrator) discriminates against another person (the aggrieved person) on the ground of marital or domestic status if the perpetrator—

• (a)

  on the ground of the aggrieved person’s marital or domestic status or the marital or domestic status of a relative or associate of the aggrieved person, treats the aggrieved person less favourably than in the same circumstances, or in circumstances which are not materially different, the perpetrator treats or would treat a person of a different marital or domestic status or who does not have such a relative or associate of that marital or domestic status, or

• (b)

  requires the aggrieved person to comply with a requirement or condition with which a substantially higher proportion of persons of a different marital or domestic status, or who do not have a relative or associate of that marital or domestic status, comply or are able to comply, being a requirement which is not reasonable having regard to the circumstances of the case and with which the aggrieved person does not or is not able to comply.

(1A)

For the purposes of subsection (1) (a), something is done on the ground of a person’s marital or domestic status if it is done on the ground of the person’s marital or domestic status, a characteristic that appertains generally to persons of that marital or domestic status or a characteristic that is generally imputed to persons of that marital or domestic status.

(2)

For the purposes of subsection (1), the circumstances in which a person treats or would treat another person of a different marital or domestic status are not materially different by reason of the fact that the persons between whom the discrimination occurs are not of the same sex.

(3)

(Repealed)

s 39: Am 1981 No 15, Sch 5 (16); 1994 No 28, Sch 4 (13); 2008 No 23, Sch 1 [5]; 2013 No 38, Sch 1.1 [10]–[12].

Division 2Discrimination in work40Discrimination against applicants and employees(1)

It is unlawful for an employer to discriminate against a person on the ground of marital or domestic status—

• (a)

  in the arrangements the employer makes for the purpose of determining who shall be offered employment,

• (b)

  in determining who should be offered employment, or

• (c)

  in the terms on which the employer offers employment.

(2)

It is unlawful for an employer to discriminate against an employee on the ground of marital or domestic status—

• (a)

  in the terms or conditions of employment which the employer affords the employee,

• (b)

  by denying the employee access, or limiting the employee’s access, to opportunities for promotion, transfer or training, or to any other benefits associated with employment, or

• (c)

  by dismissing the employee or subjecting the employee to any other detriment.

(3)

Subsections (1) and (2) do not apply to employment—

• (a)

  for the purposes of a private household,

• (b)

  where the number of persons employed by the employer, disregarding any persons employed within the employer’s private household, does not exceed 5, or

• (c)

  by a private educational authority.

(4)

For the purposes of subsection (3) (b), a corporation shall be regarded as the employer of the employees of any other corporation which, with respect to the firstmentioned corporation, is a related body corporate within the meaning of the Corporations Act 2001 of the Commonwealth.

s 40: Am 1981 No 15, Sch 5 (17); 1981 No 123, Sch 8; 1994 No 28, Schs 4 (14), 5 (2) (3) (5) (18); 1997 No 9, Sch 1 [11]; 2001 No 34, Sch 4.2 [4]; 2008 No 23, Sch 1 [5].

41Discrimination against commission agents(1)

It is unlawful for a principal to discriminate against a person on the ground of marital or domestic status—

• (a)

  in the arrangements the principal makes for the purpose of determining who should be engaged as a commission agent,

• (b)

  in determining who should be engaged as a commission agent, or

• (c)

  in the terms on which the principal engages the person as a commission agent.

(2)

It is unlawful for a principal to discriminate against a commission agent on the ground of marital or domestic status—

• (a)

  in the terms or conditions which the principal affords him or her as a commission agent,

• (b)

  by denying him or her access, or limiting his or her access, to opportunities for promotion, transfer or training, or to any other benefits associated with his or her position as a commission agent, or

• (c)

  by terminating his or her engagement or subjecting him or her to any other detriment.

s 41: Am 1994 No 28, Schs 4 (14), 5 (6)–(9); 2008 No 23, Sch 1 [5].

42Discrimination against contract workers

It is unlawful for a principal to discriminate against a contract worker on the ground of marital or domestic status—

• (a)

  in the terms on which the principal allows the contract worker to work,

• (b)

  by not allowing the contract worker to work or continue to work,

• (c)

  by denying the contract worker access, or limiting his or her access, to any benefit associated with the work in respect of which the contract with his or her employer is made, or

• (d)

  by subjecting the contract worker to any other detriment.

s 42: Am 1994 No 28, Schs 4 (14), 5 (6) (9) (19); 2008 No 23, Sch 1 [5].

42APartnerships(1)

It is unlawful for a firm consisting of 6 or more partners, or for any one or more of 6 or more persons proposing to form themselves into a partnership, to discriminate against a person on the ground of marital or domestic status—

• (a)

  in the arrangements made for the purpose of determining who should be offered a position as partner in the firm,

• (b)

  in determining who should be offered a position as partner in the firm, or

• (c)

  in the terms on which the person is offered a position as partner in the firm.

(2)

It is unlawful for a firm consisting of 6 or more partners to discriminate against a partner on the ground of marital or domestic status—

• (a)

  by denying the partner access, or limiting the partner’s access, to any benefit arising from membership of the firm,

• (b)

  by expelling the partner from the firm, or

• (c)

  by subjecting the partner to any other detriment.

s 42A: Ins 1981 No 15, Sch 5 (18). Am 1994 No 28, Schs 4 (14), 5 (10)–(13); 2008 No 23, Sch 1 [5].

42BDiscrimination by local government councillors

It is unlawful for any member or members of a council of a local government area when acting (whether alone or together) in the course of his, her or their official functions to discriminate against another member of the council on the ground of marital or domestic status.

s 42B: Ins 1994 No 28, Sch 4 (15). Am 2008 No 23, Sch 1 [5].

43Industrial organisations(1)

It is unlawful for an industrial organisation to discriminate against a person who is not a member of the industrial organisation on the ground of marital or domestic status—

• (a)

  by refusing or failing to accept the person’s application for membership, or

• (b)

  in the terms on which it is prepared to admit the person to membership.

(2)

It is unlawful for an industrial organisation to discriminate against a person who is a member of the industrial organisation on the ground of marital or domestic status—

• (a)

  by denying the person access, or limiting the person’s access, to any benefit provided by the industrial organisation,

• (b)

  by depriving the person of membership or varying the terms of the person’s membership, or

• (c)

  by subjecting the person to any other detriment.

s 43: Am 1994 No 28, Schs 4 (14), 5 (4) (7); 2008 No 23, Sch 1 [5].

44Qualifying bodies

It is unlawful for an authority or a body which is empowered to confer, renew or extend an authorisation or a qualification that is needed for or facilitates the practice of a profession, the carrying on of a trade or the engaging in of an occupation to discriminate against a person on the ground of marital or domestic status—

• (a)

  by refusing or failing to confer, renew or extend the authorisation or qualification,

• (b)

  in the terms on which it is prepared to confer the authorisation or qualification or to renew or extend the authorisation or qualification, or

• (c)

  by withdrawing the authorisation or qualification or varying the terms or conditions upon which it is held.

s 44: Am 1981 No 15, Sch 5 (19); 1994 No 28, Sch 4 (14); 2008 No 23, Sch 1 [5].

45Employment agencies

It is unlawful for an employment agency to discriminate against a person on the ground of marital or domestic status—

• (a)

  by refusing to provide the person with any of its services,

• (b)

  in the terms on which it offers to provide the person with any of its services, or

• (c)

  in the manner in which it provides the person with any of its services.

s 45: Am 1981 No 15, Sch 5 (20); 1994 No 28, Schs 4 (14), 5 (7); 2008 No 23, Sch 1 [5].

46Exception—employment of married couple

Nothing in this Division renders unlawful discrimination against a person on the ground of marital or domestic status in relation to a job which is one of two to be held by a married couple.

s 46: Am 1994 No 28, Sch 4 (14); 2008 No 23, Sch 1 [5].

Division 3Discrimination in other areas46AEducation(1)

It is unlawful for an educational authority to discriminate against a person on the ground of marital or domestic status—

• (a)

  by refusing or failing to accept the person’s application for admission as a student, or

• (b)

  in the terms on which it is prepared to admit the person as a student.

(2)

It is unlawful for an educational authority to discriminate against a student on the ground of marital or domestic status—

• (a)

  by denying the student access, or limiting the student’s access, to any benefit provided by the educational authority, or

• (b)

  by expelling the student or subjecting the student to any other detriment.

(3)

Nothing in this section applies to or in respect of a private educational authority.

s 46A: Ins 1981 No 15, Sch 5 (21). Am 1994 No 28, Schs 4 (14), 5 (4) (7) (14) (15); 2008 No 23, Sch 1 [5].

47Provision of goods and services

It is unlawful for a person who provides, for payment or not, goods or services to discriminate against a person on the ground of marital or domestic status—

• (a)

  by refusing to provide the person with those goods or services, or

• (b)

  in the terms on which he or she provides the person with those goods or services.

s 47: Subst 1981 No 15, Sch 5 (21). Am 1994 No 28, Sch 4 (14). Subst 1994 No 28, Sch 4 (16). Am 2008 No 23, Sch 1 [5].

48Accommodation(1)

It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of marital or domestic status—

• (a)

  by refusing the person’s application for accommodation,

• (b)

  in the terms on which he or she offers the person accommodation, or

• (c)

  by deferring the person’s application for accommodation or according the person a lower order of precedence in any list of applicants for that accommodation.

(2)

It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of marital or domestic status—

• (a)

  by denying the person access, or limiting the person’s access, to any benefit associated with accommodation occupied by the person, or

• (b)

  by evicting the person or subjecting the person to any other detriment.

(3)

Nothing in this section applies to or in respect of the provision of accommodation in premises if—

• (a)

  the person who provides or proposes to provide the accommodation or a near relative of that person resides, and intends to continue to reside, on those premises, and

• (b)

  the accommodation provided in those premises is for no more than 6 persons.

s 48: Am 1994 No 28, Schs 4 (14), 5 (4) (7) (16); 2008 No 23, Sch 1 [5].

48ARegistered clubs(1)

It is unlawful for a registered club to discriminate against a person who is not a member of the registered club on the ground of marital or domestic status—

• (a)

  by refusing or failing to accept the person’s application for membership, or

• (b)

  in the terms on which it is prepared to admit the person to membership.

(2)

It is unlawful for a registered club to discriminate against a person who is a member of the registered club on the ground of marital or domestic status—

• (a)

  by denying the person access, or limiting the person’s access, to any benefit provided by the registered club,

• (b)

  by depriving the person of membership or varying the terms of the person’s membership, or

• (c)

  by subjecting the person to any other detriment.

s 48A: Ins 1981 No 15, Sch 4 (5). Am 1994 No 28, Schs 4 (14), 5 (4) (7); 2008 No 23, Sch 1 [5].

Division 4Exception to Part 449Superannuation

Nothing in this Part renders unlawful discrimination on the ground of marital or domestic status in the terms or conditions appertaining to a superannuation or provident fund or scheme, where—

• (a)

  the terms or conditions—

  • (i)

    are based upon actuarial or statistical data on which it is reasonable to rely, and

  • (ii)

    are reasonable having regard to the data and any other relevant factors, or

• (b)

  in a case where no such actuarial or statistical data is available and cannot reasonably be obtained—the terms or conditions are reasonable having regard to any other relevant factors,

and the source on which any data referred to in paragraph (a) is based is disclosed to the Tribunal, where the Tribunal so requires, and any other relevant factors to which regard has been had as referred to in paragraph (a) or (b) are disclosed to the Tribunal, where the Tribunal so requires.

s 49: Am 1994 No 28, Sch 4 (12); 2008 No 23, Sch 1 [5].

Part 4ADiscrimination on the ground of disability

pt 4A: Ins 1981 No 15, Sch 1 (3). Subst 1994 No 28, Sch 3 (2).

Division 1General

Ins 1996 No 22, Sch 1 [4].
Part 3A, Div 5	Ins 1996 No 22, Sch 1 [4].
Sec 38R	Ins 1996 No 22, Sch 1 [4].
Sec 38S	Ins 1996 No 22, Sch 1 [4]. Am 2005 No 77, Sch 6.1 [2].
Sec 38T	Ins 1996 No 22, Sch 1 [4]. Rep 2018 No 32, Sch 2 [2].
Part 4, heading	Am 2008 No 23, Sch 1 [6].
Sec 39	Am 1981 No 15, Sch 5 (16); 1994 No 28, Sch 4 (13); 2008 No 23, Sch 1 [5]; 2013 No 38, Sch 1.1 [10]–[12].
Sec 40	Am 1981 No 15, Sch 5 (17); 1981 No 123, Sch 8; 1994 No 28, Schs 4 (14), 5 (2) (3) (5) (18); 1997 No 9, Sch 1 [11]; 2001 No 34, Sch 4.2 [4]; 2008 No 23, Sch 1 [5].
Sec 41	Am 1994 No 28, Schs 4 (14), 5 (6)–(9); 2008 No 23, Sch 1 [5].
Sec 42	Am 1994 No 28, Schs 4 (14), 5 (6) (9) (19); 2008 No 23, Sch 1 [5].
Sec 42A	Ins 1981 No 15, Sch 5 (18). Am 1994 No 28, Schs 4 (14), 5 (10)–(13); 2008 No 23, Sch 1 [5].
Sec 42B	Ins 1994 No 28, Sch 4 (15). Am 2008 No 23, Sch 1 [5].
Sec 43	Am 1994 No 28, Schs 4 (14), 5 (4) (7); 2008 No 23, Sch 1 [5].
Sec 44	Am 1981 No 15, Sch 5 (19); 1994 No 28, Sch 4 (14); 2008 No 23, Sch 1 [5].
Sec 45	Am 1981 No 15, Sch 5 (20); 1994 No 28, Schs 4 (14), 5 (7); 2008 No 23, Sch 1 [5].
Sec 46	Am 1994 No 28, Sch 4 (14); 2008 No 23, Sch 1 [5].
Sec 46A	Ins 1981 No 15, Sch 5 (21). Am 1994 No 28, Schs 4 (14), 5 (4) (7) (14) (15); 2008 No 23, Sch 1 [5].
Sec 47	Subst 1981 No 15, Sch 5 (21). Am 1994 No 28, Sch 4 (14). Subst 1994 No 28, Sch 4 (16). Am 2008 No 23, Sch 1 [5].
Sec 48	Am 1994 No 28, Schs 4 (14), 5 (4) (7) (16); 2008 No 23, Sch 1 [5].
Sec 48A	Ins 1981 No 15, Sch 4 (5). Am 1994 No 28, Schs 4 (14), 5 (4) (7); 2008 No 23, Sch 1 [5].
Sec 49	Am 1994 No 28, Sch 4 (12); 2008 No 23, Sch 1 [5].
Part 4A	Ins 1981 No 15, Sch 1 (3). Subst 1994 No 28, Sch 3 (2).
Sec 49A	Ins 1981 No 15, Sch 1 (3). Am 1982 No 142, Sch 1 (3). Subst 1994 No 28, Sch 3 (2).
Sec 49B	Ins 1981 No 15, Sch 1 (3). Am 1982 No 142, Sch 1 (3); 1984 No 153, Sch 16. Subst 1994 No 28, Sch 3 (2). Am 2004 No 79, Sch 2 [1]; 2013 No 38, Sch 1.1 [13]–[15].
Sec 49C	Ins 1981 No 15, Sch 1 (3). Am 1982 No 142, Sch 1 (3). Subst 1994 No 28, Sch 3 (2).
Sec 49D	Ins 1981 No 15, Sch 1 (3). Am 1982 No 142, Sch 1 (3). Subst 1994 No 28, Sch 3 (2). Am 2001 No 34, Sch 4.2 [5].
Secs 49E–49H	Ins 1981 No 15, Sch 1 (3). Am 1982 No 142, Sch 1 (3). Subst 1994 No 28, Sch 3 (2).
Sec 49I	Ins 1981 No 15, Sch 1 (3). Am 1982 No 142, Schs 1 (3), 4 (3). Subst 1994 No 28, Sch 3 (2).
Secs 49J–49L	Ins 1981 No 15, Sch 1 (3). Am 1982 No 142, Sch 1 (3). Subst 1994 No 28, Sch 3 (2).
Sec 49LA	Ins 1981 No 15, Sch 4 (6). Am 1982 No 142, Sch 1 (3). Rep 1994 No 28, Sch 3 (2).
Sec 49M	Ins 1981 No 15, Sch 1 (3). Am 1982 No 142, Sch 1 (3). Subst 1994 No 28, Sch 3 (2).
Sec 49N	Ins 1981 No 15, Sch 1 (3). Am 1981 No 15, Sch 2 (20); 1982 No 142, Sch 1 (3). Subst 1994 No 28, Sch 3 (2).
Sec 49O	Ins 1981 No 15, Sch 1 (3). Am 1982 No 142, Sch 1 (3). Subst 1994 No 28, Sch 3 (2).
Sec 49P	Ins 1982 No 142, Sch 1 (4). Subst 1994 No 28, Sch 3 (2).
Sec 49PA	Ins 2002 No 6, Sch 1.
Secs 49Q, 49R	Ins 1982 No 142, Sch 1 (4). Subst 1994 No 28, Sch 3 (2).
Part 4B	Ins 1982 No 142, Sch 1 (4). Rep 1994 No 28, Sch 3 (2). Ins 2000 No 24, Sch 1 [1].
Sec 49S	Ins 1982 No 142, Sch 1 (4). Rep 1994 No 28, Sch 3 (2). Ins 2000 No 24, Sch 1 [1]. Am 2008 No 23, Sch 1 [7]; 2010 No 19, Sch 3.4 [2] [3]; 2018 No 28, Sch 1.3.
Sec 49T	Ins 1982 No 142, Sch 1 (4). Rep 1994 No 28, Sch 3 (2). Ins 2000 No 24, Sch 1 [1]. Am 2013 No 38, Sch 1.1 [16] [17].
Sec 49U	Ins 1982 No 142, Sch 1 (4). Rep 1994 No 28, Sch 3 (2). Ins 2000 No 24, Sch 1 [1].
Sec 49V	Ins 1982 No 142, Sch 1 (4). Rep 1994 No 28, Sch 3 (2). Ins 2000 No 24, Sch 1 [1]. Am 2001 No 34, Sch 4.2 [6].
Secs 49W–49ZC	Ins 1982 No 142, Sch 1 (4). Rep 1994 No 28, Sch 3 (2). Ins 2000 No 24, Sch 1 [1].
Part 4BA	Ins 2023 No 15, Sch 1.
Sec 49ZD	Ins 1982 No 142, Sch 1 (4). Rep 1994 No 28, Sch 3 (2). Ins 2023 No 15, Sch 1.
Sec 49ZE	Ins 1982 No 142, Sch 1 (4). Rep 1994 No 28, Sch 3 (2). Ins 2023 No 15, Sch 1.
Part 4C, Div 1	Ins 1982 No 142, Sch 2 (2).
Sec 49ZF	Ins 1982 No 142, Sch 2 (2). Am 1994 No 28, Sch 5 (16).
Sec 49ZG	Ins 1982 No 142, Sch 2 (2). Subst 1994 No 28, Sch 4 (17). Am 2013 No 38, Sch 1.1 [18]–[20].
Part 4C, Div 2	Ins 1982 No 142, Sch 2 (2).
Sec 49ZH	Ins 1982 No 142, Sch 2 (2). Am 1994 No 28, Schs 4 (18), 5 (2) (3) (5) (18); 1997 No 9, Sch 1 [11]; 2001 No 34, Sch 4.2 [7].
Sec 49ZI	Ins 1982 No 142, Sch 2 (2). Am 1994 No 28, Schs 4 (18), 5 (6)–(9).
Sec 49ZJ	Ins 1982 No 142, Sch 2 (2). Am 1994 No 28, Schs 4 (18), 5 (6) (9) (19).
Sec 49ZK	Ins 1982 No 142, Sch 2 (2). Am 1994 No 28, Schs 4 (18), 5 (10)–(13).
Sec 49ZKA	Ins 1994 No 28, Sch 4 (19).
Sec 49ZL	Ins 1982 No 142, Sch 2 (2). Am 1994 No 28, Schs 4 (18), 5 (4) (7).
Sec 49ZM	Ins 1982 No 142, Sch 2 (2). Am 1994 No 28, Sch 4 (18).
Sec 49ZN	Ins 1982 No 142, Sch 2 (2). Am 1994 No 28, Schs 4 (18), 5 (7).
Part 4C, Div 3	Ins 1982 No 142, Sch 2 (2).
Sec 49ZO	Ins 1982 No 142, Sch 2 (2). Am 1994 No 28, Schs 4 (18), 5 (4) (7) (14) (15).
Sec 49ZP	Ins 1982 No 142, Sch 2 (2). Am 1994 No 28, Schs 4 (18), 5 (7) (16).
Sec 49ZQ	Ins 1982 No 142, Sch 2 (2). Am 1994 No 28, Schs 4 (18), 5 (4) (7) (16).
Sec 49ZR	Ins 1982 No 142, Sch 2 (2). Am 1994 No 28, Schs 4 (18), 5 (4) (7).
Part 4C, Div 4	Ins 1993 No 97, Sch 1 (1).
Sec 49ZS	Ins 1993 No 97, Sch 1 (1).
Sec 49ZT	Ins 1993 No 97, Sch 1 (1). Am 2005 No 77, Sch 6.1 [3].
Sec 49ZTA	Ins 1993 No 97, Sch 1 (1). Rep 2018 No 32, Sch 2 [3].
Part 4E	Ins 1990 No 99, Sch 1 (1).
Sec 49ZU	Ins 1990 No 99, Sch 1 (1). Am 1995 No 11, Sch 1.3 [2]; 1995 No 18, Sch 5; 1997 No 9, Sch 1 [14] [15]; 2003 No 17, Sch 3.1; 2004 No 114, Sch 2.1 [2]; 2011 No 62, Sch 3.1.
Sec 49ZV	Ins 1990 No 99, Sch 1 (1).
Sec 49ZW	Ins 1990 No 99, Sch 1 (1). Am 1991 No 94, Sch 2.
Sec 49ZX	Ins 1990 No 99, Sch 1 (1). Am 1996 No 108, Sch 2.1; 2007 No 51, Sch 5.
Part 4F	Ins 1994 No 28, Sch 2.
Sec 49ZXA	Ins 1994 No 28, Sch 2.
Sec 49ZXB	Ins 1994 No 28, Sch 2. Am 2005 No 77, Sch 6.1 [4].
Sec 49ZXC	Ins 1994 No 28, Sch 2. Rep 2018 No 32, Sch 2 [4].
Part 4G	Ins 1993 No 91, sec 3.
Sec 49ZYA	Ins 1993 No 91, sec 3. Am 2008 No 114, Sch 2.2; 2013 No 1, Sch 1.1; 2013 No 38, Sch 1.1 [21]–[23].
Secs 49ZYB–49ZYE	Ins 1993 No 91, sec 3.
Sec 49ZYF	Ins 1993 No 91, sec 3. Am 1996 No 17, Sch 5.
Secs 49ZYG, 49ZYH	Ins 1993 No 91, sec 3.
Sec 49ZYI	Ins 1993 No 91, sec 3. Subst 1994 No 28, Sch 4 (20). Am 2009 No 106, Sch 3.1.
Secs 49ZYJ, 49ZYK	Ins 1993 No 91, sec 3.
Sec 49ZYL	Ins 1993 No 91, sec 3. Am 2017 No 63, Sch 4.2 [2].
Sec 49ZYM	Ins 1993 No 91, sec 3. Rep 1997 No 9, Sch 1 [16].
Sec 49ZYN	Ins 1993 No 91, sec 3.
Sec 49ZYO	Ins 1993 No 91, sec 3. Am 1997 No 9, Sch 1 [17].
Secs 49ZYP–49ZYR	Ins 1993 No 91, sec 3.
Sec 49ZYS	Ins 1993 No 91, sec 3. Am 1995 No 99, Sch 2.1; 1997 No 9, Sch 1 [18].
Secs 49ZYT–49ZYY	Ins 1993 No 91, sec 3.
Sec 50	Am 1994 No 28, Sch 5 (7).
Sec 51	Subst 1982 No 142, Sch 4 (4). Am 1993 No 47, Sch 1; 1994 No 28, Schs 4 (21), 5 (22).
Sec 52	Subst 1994 No 28, Sch 4 (22).
Sec 53	Subst 1994 No 28, Sch 4 (22). Am 1997 No 9, Sch 1 [19]; 1997 No 147, Sch 2.3 [1].
Part 6, heading	Am 1980 No 67, sec 2 (c).
Sec 54	Am 1981 No 15, Schs 2 (20), 4 (7), 5 (22). Subst 1982 No 142, Sch 4 (5). Am 1994 No 28, Schs 4 (23), 5 (7); 1997 No 9, Sch 1 [20]; 1997 No 11, Sch 1.1 [1]; 1998 No 113, Sch 2.1; 2011 No 27, Sch 2.3; 2014 No 88, Sch 2.1 [1].
Sec 56	Am 1994 No 28, Sch 4 (24).
Sec 57	Am 1981 No 15, Schs 4 (8), 5 (23); 1982 No 142, Sch 4 (6); 1997 No 9, Sch 1 [21]; 1997 No 11, Sch 1.1 [2]; 1998 No 11, Sch 6.1 [2]; 2014 No 88, Sch 2.1 [2].
Sec 58	Rep 1981 No 15, Sch 5 (24).
Sec 59	Subst 1994 No 28, Sch 4 (25). Am 2008 No 23, Sch 1 [5].
Sec 59A	Ins 2010 No 66, Sch 2.1.
Part 7	Rep 1982 No 142, Sch 3 (3).
Secs 60–68	Rep 1982 No 142, Sch 3 (3).
Secs 68A, 68B	Ins 1981 No 15, Sch 5 (25). Rep 1982 No 142, Sch 3 (3).
Sec 69	Rep 1982 No 142, Sch 3 (3).
Part 7A	Ins 1981 No 15, Sch 2 (3). Rep 1997 No 77, Sch 2.1 [2].
Sec 69A	Ins 1981 No 15, Sch 2 (3). Am 1982 No 142, Sch 4 (7); 1986 No 218, Sch 1 (1); 1994 No 28, Sch 5 (23). Rep 1997 No 77, Sch 2.1 [2].
Sec 69B	Ins 1981 No 15, Sch 2 (3). Rep 1997 No 77, Sch 2.1 [2].
Sec 69C	Ins 1981 No 15, Sch 2 (3). Subst 1982 No 142, Sch 4 (8). Am 1983 No 117, sec 3. Rep 1997 No 77, Sch 2.1 [2].
Sec 69D	Ins 1981 No 15, Sch 2 (3). Rep 1997 No 77, Sch 2.1 [2].
Sec 69E	Ins 1981 No 15, Sch 2 (3). Am 1982 No 142, Sch 4 (9); 1994 No 28, Sch 5 (9) (17) (23); 1996 No 17, Sch 5. Rep 1997 No 77, Sch 2.1 [2].
Sec 69F	Ins 1981 No 15, Sch 2 (3). Am 1994 No 28, Sch 5 (24) (25); 1997 No 9, Sch 1 [22]. Rep 1997 No 77, Sch 2.1 [2].
Sec 69G	Ins 1981 No 15, Sch 2 (3). Am 1982 No 142, Sch 4 (10); 1994 No 28, Sch 5 (26). Rep 1997 No 77, Sch 2.1 [2].
Sec 69H	Ins 1981 No 15, Sch 2 (3). Am 1982 No 142, Sch 4 (11); 1994 No 28, Sch 5 (24). Rep 1997 No 77, Sch 2.1 [2].
Sec 69I	Ins 1981 No 15, Sch 2 (3). Am 1994 No 28, Sch 5 (25); 1997 No 9, Sch 1 [23]. Rep 1997 No 77, Sch 2.1 [2].
Sec 69J	Ins 1981 No 15, Sch 2 (3). Am 1982 No 142, Sch 4 (12); 1994 No 28, Sch 5 (27). Rep 1997 No 77, Sch 2.1 [2].
Sec 69K	Ins 1981 No 15, Sch 2 (3). Subst 1982 No 142, Sch 4 (13). Am 1994 No 28, Sch 5 (17) (23). Rep 1997 No 77, Sch 2.1 [2].
Sec 69L	Ins 1981 No 15, Sch 2 (3). Am 1982 No 142, Sch 4 (14); 1994 No 28, Sch 5 (16). Rep 1997 No 77, Sch 2.1 [2].
Sec 69M	Ins 1981 No 15, Sch 2 (3). Am 1982 No 142, Sch 4 (15). Rep 1997 No 77, Sch 2.1 [2].
Sec 69N	Ins 1981 No 15, Sch 2 (3). Am 1982 No 142, Sch 4 (16); 1997 No 9, Sch 1 [24]. Rep 1997 No 77, Sch 2.1 [2].
Sec 69NA	Ins 1997 No 9, Sch 1 [25]. Rep 1997 No 77, Sch 2.1 [2].
Sec 69O	Ins 1981 No 15, Sch 2 (3). Am 1997 No 9, Sch 1 [23] [26]. Rep 1997 No 77, Sch 2.1 [2].
Sec 70	Am 1981 No 15, Sch 2 (4); 1982 No 142, Sch 3 (4).
Sec 72	Am 1990 No 99, Sch 1 (2); 1999 No 31, Sch 1.1 [1].
Sec 73	Am 1981 No 15, Sch 3 (1). Subst 1982 No 142, Sch 3 (5). Am 1994 No 28, Sch 5 (25); 1999 No 31, Sch 1.1 [2] [3].
Sec 74	Am 1981 No 15, Sch 3 (2); 1990 No 108, Sch 1; 1994 No 28, Sch 5 (17). Subst 2020 No 30, Sch 2.3.
Sec 75	Am 1981 No 15, Sch 3 (3); 1990 No 99, Sch 1 (3); 1994 No 28, Sch 5 (24) (25) (28); 1999 No 31, Sch 1.1 [4].
Sec 76	Am 1994 No 28, Sch 5 (26); 1999 No 31, Sch 1.1 [5].
Sec 77	Am 1981 No 15, Sch 3 (4); 1994 No 28, Sch 5 (24).
Sec 78	Am 1994 No 28, Sch 5 (25); 1997 No 9, Sch 1 [27]; 2015 No 58, Sch 3.8 [5].
Sec 79	Am 1994 No 28, Sch 5 (8); 1999 No 31, Sch 1.1 [6].
Sec 80	Am 1981 No 15, Sch 3 (5); 1988 No 34, Sch 1; 1990 No 99, Sch 1 (4); 1994 No 28, Sch 5 (8) (9); 1999 No 31, Sch 1.1 [7]–[9].
Sec 81	Subst 1981 No 15, Sch 3 (6). Am 1994 No 28, Sch 5 (8) (29) (30).
Sec 82	Am 1994 No 28, Sch 5 (16); 1999 No 31, Sch 1.1 [10].
Sec 83	Rep 1981 No 15, Sch 3 (7).
Sec 84	Am 1981 No 15, Sch 3 (8); 1982 No 142, Sch 4 (17); 1994 No 28, Sch 5 (8) (9) (16) (31); 1999 No 31, Sch 1.1 [11]–[14]; 2015 No 58, Sch 3.8 [6] [7].
Sec 85	Am 1981 No 15, Sch 2 (5); 1994 No 28, Sch 5 (16).
Sec 86	Subst 1981 No 15, Sch 2 (6). Am 1982 No 142, Sch 3 (6); 1994 No 28, Sch 5 (16); 1997 No 9, Sch 1 [23]. Subst 2015 No 58, Sch 3.8 [8].
Part 9, heading	Am 1981 No 15, Sch 2 (7); 1982 No 142, Sch 3 (7).
Part 9, Div 1, heading	Subst 2004 No 79, Sch 1 [3].
Sec 87	Am 1981 No 15, Sch 2 (20); 1982 No 142, Sch 4 (18); 1989 No 48, Sch 1 (2); 1993 No 97, Sch 1 (2), 1994 No 28, Schs 4 (26), 5 (28); 1996 No 22, Sch 1 [5]; 1997 No 9, Sch 1 [28] [29]. Subst 2004 No 79, Sch 1 [3]. Am 2005 No 98, Sch 3.4 [1].
Part 9, Div 2, heading	Am 1982 No 142, Sch 3 (8). Subst 2004 No 79, Sch 1 [3].
Part 9, Div 2, Subdiv 1, heading	Ins 2004 No 79, Sch 1 [3].
Secs 87A–87C	Ins 2004 No 79, Sch 1 [3].
Sec 88	Am 1981 No 15, Sch 2 (20); 1982 No 142, Schs 3 (9), 4 (19); 1989 No 48, Sch 1 (3); 1993 No 97, Sch 1 (3); 1994 No 28, Schs 4 (27), 5 (32). Subst 2004 No 79, Sch 1 [3].
Sec 88A	Ins 1997 No 9, Sch 1 [30]. Subst 2004 No 79, Sch 1 [3].
Sec 88B	Ins 2004 No 79, Sch 1 [3]. Am 2005 No 31, Sch 2 [1].
Sec 88C	Ins 2004 No 79, Sch 1 [3].
Part 9, Div 2, Subdiv 2, heading	Ins 2004 No 79, Sch 1 [3].
Sec 89	Am 1981 No 142, Schs 3 (9), 4 (20); 1994 No 28, Sch 5 (32); 1997 No 9, Sch 1 [31]. Subst 2004 No 79, Sch 1 [3].
Sec 89A	Ins 1981 No 15, Sch 2 (8). Am 1982 No 142, Schs 3 (9), 4 (20); 1994 No 28, Sch 5 (32) (33). Subst 2004 No 79, Sch 1 [3].
Sec 89B	Ins 1989 No 48, Sch 1 (4). Am 1994 No 28, Sch 4 (28); 1996 No 22, Sch 1 [6]; 1997 No 9, Sch 1 [32]. Subst 2004 No 79, Sch 1 [3]. Am 2018 No 32, Sch 2 [5].
Sec 89C	Ins 1993 No 97, Sch 1 (4). Rep 1997 No 9, Sch 1 [33].
Part 9, Div 2, Subdiv 3, heading	Ins 2004 No 79, Sch 1 [3].
Sec 90	Am 1982 No 142, Schs 3 (9), 4 (21); 1994 No 28, Sch 5 (29) (33); 1998 No 48, Sch 2.1 [1]. Subst 2004 No 79, Sch 1 [3].
Sec 90A	Ins 1994 No 28, Sch 4 (29). Am 1997 No 9, Sch 1 [34]. Subst 2004 No 79, Sch 1 [3]. Am 2018 No 32, Sch 2 [6].
Secs 90B, 90C	Ins 2004 No 79, Sch 1 [3].
Sec 91	Am 1981 No 15, Sch 2 (20); 1982 No 142, Schs 3 (9), 4 (22); 1989 No 48, Sch 1 (5); 1993 No 97, Sch 1 (5); 1994 No 28, Sch 5 (32); 1997 No 9, Sch 1 [35]; 2000 No 53, Sch 1.1 [1] [2]. Subst 2004 No 79, Sch 1 [3]. Rep 2018 No 32, Sch 2 [7].
Secs 91A–91C	Ins 2004 No 79, Sch 1 [3].
Part 9, Div 2, Subdiv 4, heading	Ins 2004 No 79, Sch 1 [3].
Sec 92	Am 1982 No 142, Sch 3 (9); 1993 No 47, Sch 1; 1994 No 28, Schs 4 (30), 5 (32) (33). Subst 2004 No 79, Sch 1 [3].
Part 9, Div 2, Subdiv 5, heading	Ins 2004 No 79, Sch 1 [3].
Secs 92A–92C	Ins 2004 No 79, Sch 1 [3].
Sec 93	Am 1982 No 142, Sch 3 (9). Subst 2004 No 79, Sch 1 [3].
Part 9, Div 2, Subdiv 6, heading	Ins 2004 No 79, Sch 1 [3].
Sec 93A	Ins 2004 No 79, Sch 1 [3]. Am 2018 No 32, Sch 2 [8].
Secs 93B, 93C	Ins 2004 No 79, Sch 1 [3].
Sec 94	Am 1981 No 15, Sch 2 (20); 1982 No 142, Sch 3 (9); 1994 No 28, Sch 5 (9) (32) (33). Subst 2004 No 79, Sch 1 [3].
Sec 94A	Ins 1982 No 142, Sch 3 (10). Am 1994 No 28, Sch 5 (29) (32). Subst 2004 No 79, Sch 1 [3].
Part 9, Div 2, Subdiv 7	Ins 2004 No 79, Sch 1 [3].
Sec 94B	Ins 2004 No 79, Sch 1 [3]. Am 2019 No 10, Sch 1.1 [1] [2].
Sec 94C	Ins 2004 No 79, Sch 1 [3]. Am 2015 No 58, Sch 3.8 [9].
Part 9, Div 3, heading	Am 1981 No 15, Sch 2 (9). Subst 2004 No 79, Sch 1 [3]. Am 2013 No 95, Sch 2.7 [2].
Sec 95	Am 1981 No 15, Sch 2 (20). Subst 2004 No 79, Sch 1 [3]. Am 2013 No 95, Sch 2.7 [3].
Sec 95A	Ins 1991 No 34, Sch 3. Subst 1996 No 17, Sch 5. Am 1997 No 77, Sch 2.1 [4]. Rep 2004 No 79, Sch 1 [3].
Sec 96	Am 1981 No 15, Sch 2 (20). Subst 2004 No 79, Sch 1 [3]. Am 2013 No 95, Sch 2.7 [4] [5]; 2018 No 32, Sch 2 [9].
Sec 97	Am 1981 No 15, Sch 2 (20). Subst 2004 No 79, Sch 1 [3]. Rep 2013 No 95, Sch 2.7 [6].
Sec 98	Am 1981 No 15, Sch 2 (20); 1994 No 28, Sch 4 (31). Subst 2004 No 79, Sch 1 [3]. Am 2005 No 98, Sch 3.4 [2]; 2008 No 77, Sch 2.3 [1].
Sec 99	Am 1981 No 15, Sch 2 (20). Rep 1997 No 77, Sch 2.1 [5]. Ins 2004 No 79, Sch 1 [3]. Am 2015 No 58, Sch 3.8 [9].
Sec 100	Am 1981 No 15, Sch 2 (10) (20). Subst 2004 No 79, Sch 1 [3].
Sec 101	Am 1981 No 15, Sch 2 (11); 1994 No 28, Sch 5 (34). Subst 2004 No 79, Sch 1 [3].
Sec 101A	Ins 1981 No 15, Sch 2 (12). Rep 2004 No 79, Sch 1 [3].
Sec 101B	Ins 1984 No 17, Sch 1 (1). Am 1993 No 47, Sch 1; 1994 No 28, Sch 4 (32). Rep 1997 No 77, Sch 2.1 [5].
Secs 102–104	Am 1981 No 15, Sch 2 (20). Subst 2004 No 79, Sch 1 [3].
Sec 105	Subst 2004 No 79, Sch 1 [3]. Am 2013 No 95, Sch 2.7 [7].
Sec 106	Am 1981 No 15, Sch 2 (20). Subst 2004 No 79, Sch 1 [3]. Rep 2013 No 95, Sch 2.7 [8].
Sec 107	Am 1981 No 15, Sch 2 (20); 1982 No 142, Sch 3 (9). Rep 1997 No 77, Sch 2.1 [5]. Ins 2004 No 79, Sch 1 [3]. Rep 2008 No 77, Sch 2.3 [2].
Sec 108	Am 1981 No 15, Sch 2 (13) (20); 1982 No 142, Sch 4 (23); 1984 No 17, Sch 1 (2); 1986 No 218, Sch 1 (2). Rep 1997 No 77, Sch 2.1 [5]. Ins 2004 No 79, Sch 1 [3]. Am 2008 No 77, Sch 2.3 [3] (am 2008 No 114, Sch 2.1).
Sec 109	Subst 2004 No 79, Sch 1 [3]. Am 2016 No 48, Sch 2.2; 2023 No 41, Sch 2.2.
Sec 110	Am 1981 No 15, Sch 2 (20). Rep 1997 No 77, Sch 2.1 [5]. Ins 2004 No 79, Sch 1 [3]. Subst 2008 No 77, Sch 2.3 [4]. Rep 2013 No 95, Sch 2.7 [9].
Sec 110A	Ins 1984 No 17, Sch 1 (3). Am 1993 No 47, Sch 1; 1994 No 28, Sch 4 (33). Rep 2000 No 33, Sch 2.1.
Sec 111	Am 1981 No 15, Sch 2 (20); 1994 No 28, Sch 4 (34); 1997 No 77, Sch 2.1 [6]. Subst 2004 No 79, Sch 1 [3]. Rep 2013 No 95, Sch 2.7 [10].
Sec 111A	Ins 2007 No 3, Sch 1 [1]. Am 2013 No 37, Sch 3.2 [1] [2].
Sec 112	Am 1981 No 15, Sch 2 (14); 1982 No 142, Schs 3 (9), 4 (24); 1986 No 218, Sch 1 (3); 1994 No 28, Sch 5 (8). Subst 2004 No 79, Sch 1 [3].
Sec 113	Am 1981 No 15, Sch 2 (20); 1982 No 142, Sch 4 (25); 1989 No 48, Sch 1 (6); 1993 No 97, Sch 1 (6), 1994 No 28, Sch 4 (35); 1997 No 9, Sch 1 [36]. Subst 2004 No 79, Sch 1 [3].
Sec 114	Am 1981 No 15, Sch 2 (20); 1994 No 28, Sch 5 (9). Subst 2004 No 79, Sch 1 [3]. Am 2013 No 95, Sch 2.7 [11] [12].
Sec 115	Am 1981 No 15, Sch 2 (20). Rep 1997 No 77, Sch 2.1 [5]. Ins 2004 No 79, Sch 1 [3]. Rep 2013 No 95, Sch 2.7 [13].
Sec 116	Am 1981 No 15, Sch 2 (20); 1989 No 48, Sch 1 (7); 1993 No 47, Sch 1; 1994 No 28, Sch 4 (36). Subst 2004 No 79, Sch 1 [3]. Am 2013 No 95, Sch 2.7 [14].
Sec 117	Am 1981 No 15, Sch 2 (20). Rep 1997 No 77, Sch 2.1 [5].
Secs 117A, 117B	Ins 1981 No 15, Sch 2 (15). Rep 1997 No 77, Sch 2.1 [5].
Sec 118	Am 1981 No 15, Sch 2 (16) (20). Subst 1997 No 77, Sch 2.1 [7]. Rep 2004 No 79, Sch 1 [3].
Part 9, Div 4, heading	Am 1981 No 15, Sch 2 (17).
Sec 119	Am 1981 No 15, Sch 1 (4); 1982 No 142, Schs 3 (11), 4 (26); 2004 No 79, Sch 1 [4]; 2009 No 37, Sch 1.2 [1] [2]; 2010 No 62, Sch 2.1; 2014 No 64, Sch 2.3.
Sec 120A	Ins 2004 No 79, Sch 2 [2]. Am 2013 No 95, Sch 2.7 [15].
Sec 121A	Ins 1982 No 142, Sch 3 (12).
Sec 122	Am 1982 No 142, Sch 3 (13); 1994 No 28, Sch 5 (30); 2004 No 79, Sch 2 [3]; 2014 No 14, Sch 1.1.
Part 9A	Ins 1980 No 67, sec 2 (d). Rep 2013 No 40, Sch 6.1.
Sec 122A	Ins 1980 No 67, sec 2 (d). Am 1981 No 15, Sch 5 (26); 2006 No 2, Sch 5.2 [1]; 2011 No 48, Sch 2.1 [2] [3]. Rep 2013 No 40, Sch 6.1.
Sec 122B	Ins 1980 No 67, sec 2 (d). Am 1980 No 70, sec 3 (a); 1990 No 48, Sch 1; 1990 No 118, Sch 3; 1995 No 32, Sch 3; 1997 No 9, Sch 1 [37]; 2004 No 114, Sch 2.1 [2]; 2006 No 2, Sch 5.2 [2]; 2011 No 62, Sch 3.1; 2012 No 42, Sch 2.2. Rep 2013 No 40, Sch 6.1.
Sec 122C	Ins 1980 No 67, sec 2 (d). Am 1984 No 17, Sch 2 (1); 2007 No 79, Sch 1 [1] [2]; 2008 No 23, Sch 1 [5]. Rep 2013 No 40, Sch 6.1.
Sec 122D	Ins 1980 No 67, sec 2 (d). Am 1980 No 70, sec 3 (b); 1990 No 118, Sch 3; 1997 No 9, Sch 1 [38]; 2006 No 2, Sch 5.2 [3]. Rep 2013 No 40, Sch 6.1.
Part 9A, Div 2, heading	Ins 1980 No 67, sec 2 (d). Subst 2011 No 48, Sch 2.1 [4]. Rep 2013 No 40, Sch 6.1.
Sec 122E	Ins 1980 No 67, sec 2 (d). Rep 2011 No 48, Sch 2.1 [5].
Sec 122F	Ins 1980 No 67, sec 2 (d). Am 1989 No 105, Sch 1. Rep 2011 No 48, Sch 2.1 [5].
Sec 122G	Ins 1980 No 67, sec 2 (d). Rep 1989 No 105, Sch 1.
Sec 122H	Ins 1980 No 67, sec 2 (d). Am 1981 No 15, Sch 5 (27). Subst 1982 No 142, Sch 3 (14). Rep 1989 No 105, Sch 1.
Sec 122HA	Ins 1982 No 142, Sch 3 (14). Rep 1989 No 105, Sch 1.
Sec 122HB	Ins 1982 No 142, Sch 3 (14). Am 1988 No 34, Sch 1. Rep 1989 No 105, Sch 1.
Secs 122HC, 122HD	Ins 1982 No 142, Sch 3 (14). Rep 1989 No 105, Sch 1.
Sec 122HE	Ins 1982 No 142, Sch 3 (14). Am 1994 No 28, Sch 5 (30) (35). Rep 2011 No 48, Sch 2.1 [5].
Sec 122HF	Ins 1982 No 142, Sch 3 (14). Rep 1989 No 105, Sch 1.
Sec 122HG	Ins 1982 No 142, Sch 3 (14). Am 1994 No 28, Sch 5 (17) (36); 1997 No 9, Sch 1 [23]. Rep 2011 No 48, Sch 2.1 [5].
Sec 122I	Ins 1980 No 67, sec 2 (d). Am 1984 No 17, Sch 2 (2); 1994 No 28, Sch 5 (36) (37); 2000 No 77, Sch 3.3; 2007 No 79, Sch 1 [2]; 2011 No 48, Sch 2.1 [3] [6] [7]. Rep 2013 No 40, Sch 6.1.
Sec 122J	Ins 1980 No 67, sec 2 (d). Am 2011 No 48, Sch 2.1 [3]. Rep 2013 No 40, Sch 6.1.
Sec 122JA	Ins 1984 No 17, Sch 2 (3). Rep 1997 No 9, Sch 1 [39].
Sec 122K	Ins 1980 No 67, sec 2 (d). Rep 2013 No 40, Sch 6.1.
Sec 122L	Ins 1980 No 67, sec 2 (d). Am 1982 No 142, Sch 4 (27); 1984 No 17, Sch 2 (4). Rep 2007 No 79, Sch 1 [3].
Sec 122M	Ins 1980 No 67, sec 2 (d). Am 1984 No 17, Sch 2 (5); 2011 No 48, Sch 2.1 [3]. Rep 2013 No 40, Sch 6.1.
Sec 122N	Ins 1980 No 67, sec 2 (d). Rep 2013 No 40, Sch 6.1.
Sec 122O	Ins 1980 No 67, sec 2 (d). Am 2005 No 98, Sch 3.4 [3]; 2011 No 48, Sch 2.1 [3]. Rep 2013 No 40, Sch 6.1.
Sec 122P	Ins 1980 No 67, sec 2 (d). Am 2011 No 48, Sch 2.1 [3]. Rep 2013 No 40, Sch 6.1.
Sec 122Q	Ins 1980 No 67, sec 2 (d). Rep 2013 No 40, Sch 6.1.
Sec 122R	Ins 1980 No 67, sec 2 (d). Am 2011 No 48, Sch 2.1 [3]. Rep 2013 No 40, Sch 6.1.
Sec 122S	Ins 1980 No 67, sec 2 (d). Rep 2013 No 40, Sch 6.1.
Part 9B	Ins 1985 No 112, Sch 1 (2).
Sec 122T	Ins 1985 No 112, Sch 1 (2). Am 1997 No 9, Sch 1 [40] [41]; 2004 No 79, Sch 1 [5]; 2015 No 58, Sch 3.8 [9].
Sec 122U	Ins 1985 No 112, Sch 1 (2). Am 1997 No 9, Sch 1 [42].
Sec 122V	Ins 1985 No 112, Sch 1 (2). Am 1997 No 9, Sch 1 [40] [42]; 2015 No 58, Sch 3.8 [9].

Sec 122W	Ins 1985 No 112, Sch 1 (2). Am 1997 No 9, Sch 1 [40]; 2015 No 58, Sch 3.8 [9].
Sec 122X	Ins 1985 No 112, Sch 1 (2). Am 2015 No 58, Sch 3.8 [9].
Sec 123	Subst 2004 No 79, Sch 1 [6].
Sec 124	Am 1980 No 67, sec 2 (e); 1981 No 15, Sch 2 (18). Subst 1982 No 142, Sch 3 (15). Am 1993 No 47, Sch 1; 1994 No 28, Schs 4 (37), 5 (9); 2011 No 48, Sch 2.1 [8]; 2013 No 95, Sch 2.7 [16]; 2015 No 58, Sch 3.8 [9].
Sec 124A	Ins 2004 No 79, Sch 2 [4]. Am 2009 No 37, Sch 1.2 [3]; 2015 No 58, Sch 3.8 [9].
Sec 125	Subst 1989 No 48, Sch 1 (8). Am 2001 No 121, Sch 2.13; 2007 No 94, Sch 2.
Sec 126	Am 1997 No 9, Sch 1 [43]. Subst 2008 No 77, Sch 2.3 [5]. Am 2013 No 95, Sch 2.7 [17] [18].
Sec 126A	Ins 1994 No 28, Sch 4 (38). Am 1997 No 9, Sch 1 [44] [45]; 1998 No 48, Sch 2.1 [2]; 2013 No 95, Sch 2.7 [19].
Sec 127	Am 1981 No 15, Sch 2 (19) (20); 1982 No 142, Sch 4 (28); 1987 No 48, Sch 32; 1993 No 47, Sch 1; 1997 No 77, Sch 2.1 [8]; 2004 No 79, Sch 1 [7].
Sec 128	Subst 1994 No 28, Sch 4 (39).
Sch 1	Ins 1994 No 28, Sch 4 (40). Am 1997 No 9, Sch 1 [46]; 1997 No 147, Sch 2.3 [2]; 2000 No 24, Sch 1 [2]–[4]; 2004 No 79, Sch 2 [5] [6]; 2005 No 31, Sch 2 [2]; 2007 No 3, Sch 1 [2] [3]; 2007 No 45, Sch 1 [4] [5]; 2008 No 77, Sch 2.3 [6] [7]; 2013 No 95, Sch 2.7 [20]; 2018 No 4, Sch 1.1 [2].
The whole Act	Am 1994 No 28, Sch 4 (1) (“a trade union” and “the trade union” omitted wherever occurring, “an industrial organisation” and “the industrial organisation” inserted instead respectively).