Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts“57A. Nothing in paragraph 10 (1) (a) or (b), 12 (1) (a) or (b), 13 (b) or 14 (1) (a) or (2) (a) renders it unlawful to discriminate against a person on the ground of age in relation to employment or work which involves any of the following activities:
(a) participation in a dramatic performance or other entertainment in a role in which a person belonging to a particular age group 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 belonging to a particular age group is required for reasons of authenticity;
(c) providing persons belonging to a particular age group with services for the purpose of promoting their welfare, where those services can most effectively be provided by a person belonging to a particular age group.
“57B. (1) This section applies where an award provides for the payment of reduced wages to employees under the age of 21 years.
“(2) Where this section applies, nothing in subsection 10 (1) or paragraph 10 (2) (a) or (b) renders it unlawful for an employer to discriminate on the ground of age against a person—
(a) where the person is 21 years of age or older—in relation to the offer of employment to a person under the age of 21 years; or
(b) where the person is under the age of 21 years—in relation to the payment of reduced wages to the person in accordance with the award.
“(3) In this section—
“57C. (1) Nothing in paragraph 10 (1) (c), (2) (a) or (b), 12 (1) (c), (2) (a) or (b), 13 (a) or (c) or 14 (1) (b), (2) (b) or (3) (a) renders it unlawful to discriminate against a person on the ground of age in relation to employment or work, or qualifications for employment or work, where that discrimination is practised in order to comply with reasonable health and safety requirements relevant to such employment or work.
“(2) In determining for the purposes of subsection (1) what health and safety requirements are reasonable, regard shall be had to all the relevant circumstances of the particular case, including the effects of the discrimination on the person discriminated against.
“57D. (1) Nothing in Division 1 of Part III renders it unlawful to discriminate against an employee, commission agent, contract worker or partner on the ground of age by—
(a) setting an age for the compulsory retirement of that person; or
(b) requiring that person to retire.
“(2) Subsection (1) ceases to have effect 2 years after the date of commencement of the Discrimination (Amendment) Act 1994.
“57E. (1) Nothing in section 18 renders it unlawful to discriminate against a person on the ground of age in respect of the admission of the person to an educational institution where the level of education or training sought is provided only for students older than a particular age.
“(2) Nothing in section 18 renders it unlawful to refuse or fail to accept an application for admission as a student at an educational institution under a mature age admission scheme, where the application is made by a person whose age is below the minimum age fixed under that scheme for admission.
“57F. (1) Nothing in section 18 renders it unlawful to discriminate against a person on the ground of age in respect of the refusal to admit, or to re-admit, the person to a senior secondary college where there is a maximum age fixed for completion of studies at the college.
“(2) Subsection (1) ceases to have effect on 1 January 1996.
“57G. Nothing in Part III renders it unlawful to discriminate against a person on the ground of age in relation to any transaction where the person is subject to a legal incapacity due to his or her age which is relevant to that transaction.
“57H. Nothing in Division 2 of Part III renders it unlawful to discriminate against a person in relation to the provision of bona fide benefits, including concessions, to another person by reason of his or her age.
“57J. (1) Nothing in section 19 or 20 renders it unlawful to discriminate against a person on the ground of age in relation to the provision of goods, services or facilities where that discrimination is practised in order to comply with reasonable health and safety requirements relevant to such provision.
“(2) In determining for the purposes of subsection (1) what health and safety requirements are reasonable, regard shall be had to all the relevant circumstances of the particular case, including the effects of the discrimination on the person discriminated against.
“57K. Nothing in section 20 or 21 renders it unlawful to discriminate against a person on the ground of age in relation to the provision of a recreational tour or recreational accommodation.
“57L. (1) Nothing in section 20 or 22 renders it unlawful for a club to discriminate against a person on the ground of age where the club's principal object is the provision of benefits for persons belonging to a particular age group.
“(2) In determining whether the principal object of a club is as referred to in subsection (1), regard shall be had to—
(a) the essential character of the club;
(b) whether the persons primarily enjoying the benefits of membership belong to the particular age group specified in the club's objects; and
(c) any other relevant circumstance.
“57M. (1) Nothing in Part III renders it unlawful to discriminate against a person on the ground of age by his or her exclusion from participation in any competitive sporting activity where competition is only permitted between persons belonging to a particular age group.
“(2) Subsection (1) does not apply in relation to the exclusion of persons from participation in—
(a) the coaching of persons engaged in any sporting activity;
(b) the umpiring or refereeing of any sporting activity;
(c) the administration of any sporting activity; or
(d) any sporting activity prescribed by the regulations.”.