Commonwealth Consolidated Acts

SEX DISCRIMINATION ACT 1984 - SECT 40

             (1)  Nothing in Division 1 or 2 affects anything done by a person in direct compliance with:

                     (c)  a determination or decision of the Commission;

                     (d)  an order of a court; or

                     (e)  an order, determination or award of a court or tribunal having power to fix minimum wages and other terms and conditions of employment; or

                     (g)  an instrument (an industrial instrument ) that is:

                              (i)  a fair work instrument (within the meaning of the Fair Work Act 2009 ); or

                             (ii)  a transitional instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 ).

Note:          A person does not comply with an industrial instrument for the purpose of this subsection if that person purports to comply with a provision of that instrument that has no effect. Accordingly, the exemption under this subsection for acting in direct compliance with such an instrument would not apply in such circumstances.

             (2)  Nothing in Division 1 or 2 affects anything done by a person in direct compliance with any of the following as in force on 1 August 1984:

                     (a)  the Gift Duty Assessment Act 1941 ;

                     (b)  the operation of:

                              (i)  the definition of pensioner in subsection 4(1); or

                             (ii)  the definition of concessional beneficiary in subsection 84(1);

                            of the National Health Act 1953 ;

                     (c)  the Income Tax Assessment Act 1936 ;

                     (d)  the International Tax Agreements Act 1953 ;

                     (e)  the Papua New Guinea (Members of the Forces Benefits) Act 1957 ;

                      (f)  the Sales Tax (Exemptions and Classifications) Act 1935 ;

                     (h)  the Social Security Act 1947 ;

                      (i)  the Taxation (Unpaid Company Tax) Assessment Act 1982 ;

                      (j)  the Social Services Act 1980 of Norfolk Island.

             (3)  Nothing in Division 1 or 2, as applying by reference to section 6, affects anything done by a person in direct compliance with any regulations, rules, by‑laws, determinations or directions made under the Gift Duty Assessment Act 1941 , the Income Tax Assessment Act 1936 or the Sales Tax (Exemptions and Classifications) Act 1935.

             (4)  Nothing in Division 1 or 2, as applying by reference to section 6, affects anything done by a person for the purposes of the administration of the AUSTUDY scheme or the ABSTUDY scheme.

             (6)  Nothing in Division 1 or 2 affects anything done by a person in compliance with a provision of a law of the Commonwealth, of a State or of a Territory, being a provision that is included for the purpose referred to in subsection 7D(1).

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