Re: Jet Aviation Australia Pty Ltd & Jet Aviation Australia (Qld) Pty Ltd

Jet Aviation Australia Pty Ltd and Jet Aviation Australia (Qld) Pty Ltd applied to the Queensland Civil and Administrative Tribunal (QCAT) for an exemption under section 113 of the Anti-Discrimination Act 1991 (Qld) to enable them to comply with the United States International Tracking in Arms Regulations and the Arms Export Control Act. These United States laws require the collection of certain information about individuals, including information that may amount to discrimination on the grounds of race under the Queensland Act. The primary issue for the Tribunal was whether the applicants had satisfied the requirements for an exemption to be granted under section 113 of the Queensland Act. The Tribunal considered the legal principles and factors relevant to the exercise of its discretion in granting such an exemption, including the nature of the discrimination, the purposes of the relevant United States laws, and the public interest in both sets of laws.

After careful consideration of the evidence and submissions, the Tribunal found that the applicants had satisfied the requirements for an exemption to be granted. The Tribunal concluded that the discrimination required by the United States laws was necessary to achieve their objectives, and that there was a significant public interest in both sets of laws. The Tribunal also considered that the applicants had taken reasonable steps to minimise the impact of the discrimination on individuals affected by their compliance with the United States laws. The Tribunal was satisfied that the granting of an exemption was in the public interest and would not undermine the objectives of the Queensland Act. Accordingly, the Tribunal exercised its discretion to grant the exemption sought by the applicants.

The Tribunal made orders in the terms set out in Schedule A, granting the exemption sought by the applicants. The exemption permits Jet Aviation Australia Pty Ltd and Jet Aviation Australia (Qld) Pty Ltd to collect and disclose information that may amount to discrimination on the grounds of race under the Queensland Act, in order to comply with the United States laws. The exemption is subject to certain conditions, including the requirement that the applicants take reasonable steps to minimise the impact of the discrimination on individuals affected by their compliance with the United States laws. The Tribunal also noted that the exemption is limited to the period during which the United States laws apply and does not permit the applicants to discriminate on the grounds of race in any other context.