Age Discrimination Regulations 2020

Administered by Attorney-General's Department

Legislation au F2020L01138 Regulations In force Legislative Instrument

Legislation content

Age Discrimination Regulations 2020

made under the

Age Discrimination Act 2004

Compilation No. 1

Compilation date: 1 April 2026

Includes amendments: F2026L00131

About this compilation

This compilation

This is a compilation of the Age Discrimination Regulations 2020 that shows the text of the law as amended and in force on 1 April 2026 (the compilation date).

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

Uncommenced amendments

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

Application, saving and transitional provisions

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

Editorial changes

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

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 1—Preliminary

1 Name

3 Authority

4 Definitions

Part 2—Exemptions

5 Exemptions

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

Part 1—Preliminary

 

1  Name

  This instrument is the Age Discrimination Regulations 2020.

3  Authority

  This instrument is made under the Age Discrimination Act 2004.

4  Definitions

  In this instrument:

Act means the Age Discrimination Act 2004.

Part 2—Exemptions

 

5  Exemptions

 (1) For the purposes of item 8 of the table in Schedule 1 to the Act, the Airports (Control of On‑Airport Activities) Regulations 2026 are prescribed.

 (2) For the purposes of item 3AA of the table in Schedule 2 to the Act, sections 23 and 88 of the Defence Regulation 2016 are prescribed.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court rule(s)

disallowed = disallowed by Parliament

reloc = relocated

div = Division(s)

renum = renumbered

ed = editorial change

rep = repealed

exp = expires/expired or ceases/ceased to have

rs = repealed and substituted

effect

s = section(s)/subsection(s)

gaz = gazette

/rule(s)/subrule(s)/order(s)/suborder(s)

LA = Legislation Act 2003

sch = Schedule(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md) = misdescribed amendment can be given

SR = Statutory Rules

effect

sub ch = Sub‑Chapter(s)

(md not incorp) = misdescribed amendment

sub div = Subdivision(s)

cannot be given effect

sub pt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Age Discrimination Regulations 2020

4 Sept 2020 (F2020L01138)

6 Sept 2020 (s 2(1) item 1)

 

On‑Airport Activities Legislation (Repeal and Consequential Amendments) Regulations 2026

23 Feb 2026 (F2026L00131)

sch 2 (item 1): 1 Apr 2026 (s 2(1) item 1)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 2.....................

rep LA s 48D

Part 2

 

s 5 .....................

am F2026L00131

 

 

Overview

The Age Discrimination Regulations 2020 were enacted to provide detailed and specific rules to complement the Age Discrimination Act 2004. The Age Discrimination Act was introduced to address the problem of age discrimination in various areas such as employment, education, and the provision of goods and services. The objective of this Act is to ensure that individuals are not subjected to unfair treatment due to their age, thereby promoting a fair and inclusive society. The regulations were made under the authority of the Act by the Parliament of Australia, with the intent of providing clearer guidelines and exemptions to certain activities to ensure effective implementation and compliance with the overarching policy objectives of the Act. These regulations outline specific exemptions and provide detailed definitions to facilitate a better understanding and application of the Act. They are designed to streamline the enforcement of anti-discrimination laws by clearly specifying which activities are exempt from the prohibitions against age discrimination. This comprehensive approach aims to protect individuals from discriminatory practices while also allowing for necessary exemptions that could otherwise impede legitimate business operations or public services.

Scope and Application

The Age Discrimination Regulations 2020, made under the Age Discrimination Act 2004, apply to various persons and entities by prescribing exemptions that allow certain activities to be exempt from the prohibition of age discrimination in the Act. The regulations cover a wide range of conduct and transactions, ensuring that certain industries and activities are not unduly restricted by the anti-discrimination laws. Geographically, the regulations apply throughout Australia, as they are federal regulations. However, they may be subject to state and territory laws that provide for additional protections or exemptions. The regulations exclude specific activities as per the exemptions listed, such as certain on-airport activities and Defence Regulation provisions. The application of these regulations can be further extended or restricted through subordinate instruments, although such changes are not detailed in this particular compilation. The endnotes provide comprehensive information on legislative history, amendment details, and any editorial changes made to the regulations.

Key Provisions

The Age Discrimination Regulations 2020, made under the Age Discrimination Act 2004, are instrumental in detailing specific exemptions from the general prohibition against age discrimination. Regulation 5(1) prescribes the Airports (Control of On-Airport Activities) Regulations 2026 for the purposes of item 8 of the table in Schedule 1 to the Act, while Regulation 5(2) prescribes sections 23 and 88 of the Defence Regulation 2016 for the purposes of item 3AA of the table in Schedule 2 to the Act. These regulations provide clarity on specific activities or areas where age discrimination may be permissible under certain conditions, ensuring that the Act's overarching intent to combat age discrimination is balanced with practical considerations in these particular sectors. Entities and individuals governed by these regulations must ensure they are aware of and comply with the specific exemptions outlined. For example, entities operating within airport activities regulated by the Airports (Control of On-Airport Activities) Regulations 2026 need to be particularly mindful of how age-related provisions may apply or be exempted within this context. Similarly, those subject to the Defence Regulation 2016 must navigate the complexities of sections 23 and 88, ensuring that any age-related practices are within the bounds of the permitted exemptions. This necessitates a thorough understanding of both the Age Discrimination Act 2004 and the specific regulations cited in the exemptions to avoid inadvertent breaches. Failure to comply with the Age Discrimination Regulations 2020 can result in significant legal consequences. While the specific penalties are not detailed in this compilation, the broader Age Discrimination Act 2004 provides a framework for penalties. Generally, penalties for breaches of anti-discrimination laws in Australia can include fines for individuals and corporations, as well as potential orders from the court for remedying the discrimination. The exact penalties can vary based on the severity and circumstances of the breach, but they underscore the importance of strict adherence to the regulations to avoid legal repercussions.

Legal classification tags

Area of Law
Employment & Labour Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Exemptions & Exclusions
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.