Commonwealth Consolidated Acts

DISABILITY DISCRIMINATION ACT 1992 - SECT 47

             (1)  This Part does not render unlawful anything done by a person in direct compliance with:

                             (b)  any of the following instruments (an industrial instrument ) within the meaning given by the Workplace Relations Act 1996 :

                                          (i)  an award or a variation or order affecting an award;

                                         (ii)  a transitional award or a variation or order affecting a transitional award;

                                         (iii)  a pre‑reform certified agreement;

                                        (iv)  a notional agreement preserving State awards;

                                   to the extent to which the industrial instrument has specific provisions relating to the payment of rates of salary or wages to persons, in circumstances in which:

                                         (v)  if the persons were not in receipt of the salary or wages, they would be eligible for a disability support pension; and

                                        (vi)  the salary or wages are determined by reference to the capacity of the person;

                             (c)  an order, award or determination of a court or tribunal having power to fix minimum wages, to the extent to which the order, award or determination has specific provisions relating to the payment of rates of salary or wages to persons, in circumstances in which:

                                          (i)  if the persons were not in receipt of the salary or wages, they would be eligible for a disability support pension; and

                                         (ii)  the salary or wages are determined by reference to the capacity of the person.

Note:          A person does not comply with an industrial instrument for the purpose of subsection (1) if that person purports to comply with a provision of that instrument that is void (for example, a term of a pre‑reform certified agreement is void to the extent that it contains prohibited content prescribed for section 356 of the Workplace Relations Act 1996 : see section 358 of that Act). Accordingly, the exemption under this subsection for acting in direct compliance with such an instrument would not apply in such circumstances.

             (2)  This Part does not render unlawful anything done by a person in direct compliance with a prescribed law.

             (3)  During the period beginning at the commencement of this section and ending 3 years after the day this section commences, this Part does not render unlawful anything done by a person in direct compliance with another law.

             (4)  In subsection (1):

"disability support pension" has the same meaning as in the Social Security Act 1991 .

             (5)  In subsection (2):

"law" means:

                     (a)  a law of the Commonwealth or of a State or Territory; or

                     (b)  regulations or any other instrument made under such a law.

Note:          See also subsection 98(6B) of the Civil Aviation Act 1988 , which allows regulations made under that Act to contain provisions that are inconsistent with this Act if the inconsistency is necessary for the safety of air navigation.