AUSTRALIAN CAPITAL TERRITORY
Discrimination (Amendment) Act 1994
No. 1 of 1994
An Act to amend the Discrimination Act 1991
[Notified in ACT Gazette S35: 4 March 1994]
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Short title
1. This Act may be cited as the Discrimination (Amendment) Act 1994.
Commencement
2. This Act commences on the day on which it is notified in the Gazette.
Principal Act
3. In this Act, “Principal Act” means the Discrimination Act 1991.1
Grounds
4. Section 7 of the Principal Act is amended by inserting after paragraph (1) (ia) the following paragraph:
“(ib)age;”.
Insertion
5. After section 25 of the Principal Act the following section is inserted:
Adoption
“25A. Nothing in this Act prevents the Director of Family Services from discriminating against a person in making a decision—
(a)under paragraph 16 (1) (a) of the Adoption Act 1993 in relation to the inclusion of the person’s name in the register of persons seeking the placement of a child for the purposes of adoption;
(b)under paragraph 16 (1) (b) of the Adoption Act 1993 in relation to the placement of a child in the custody of that person; or
(c)under subsection 17 (4) of the Adoption Act 1993 confirming or varying a decision under paragraph 16 (1) (a) of that Act.”.
Superannuation
6. Section 29 of the Principal Act is amended by adding at the end the following subsections:
“(2) In the case of discrimination on the ground of age, subsection (1) only applies where—
(a)the discrimination is due to the application of a standard in force under the Occupational Superannuation Standards Act 1987 of the Commonwealth;
(b)the discrimination is for the purpose of—
(i)complying with;
(ii)avoiding a penalty under; or
(iii)obtaining a benefit under;
any other Act of the Commonwealth;
(c)the discrimination is—
(i)based on actuarial or statistical data on which it is reasonable to rely; and
(ii)reasonable having regard to the data and any other relevant factors;
(d)if there are no actuarial or statistical data on which it is reasonable to rely—the discrimination is—
(i)based on other data on which it is reasonable to rely; and
(ii)reasonable having regard to that data and any other relevant factors; or
(e)if there are no data at all on which it is reasonable to rely—the discrimination is reasonable having regard to any other relevant factors.
“(3) Subsection (2) applies in relation to a new superannuation fund condition irrespective of—
(a)whether the fund was in existence immediately before the commencement date; and
(b)when the person to whom the discrimination relates became a member of the fund.
“(4) Subsection (2) does not apply in relation to an existing superannuation fund condition where the person to whom the discrimination relates became a member of the fund before, or not later than 12 months after, the commencement date.
“(5) In this section—
‘commencement date’ means the date of commencement of the Discrimination (Amendment) Act 1994;
‘existing superannuation fund condition’ means a superannuation fund condition in…