ANTI-DISCRIMINATION ACT 1991 - SECT 106B Citizenship or visa requirements imposed under State government policies etc.

ANTI-DISCRIMINATION ACT 1991 - SECT 106B

106B Citizenship or visa requirements imposed under State government policies etc.

(1) This Act does not apply in relation to—

(a) the inclusion of a prescribed eligibility provision in a relevant policy; or

(b) the performance of a function by a person in connection with a prescribed eligibility provision.

(2) In this section, a reference to performing a function includes a reference to exercising a power or carrying out a responsibility.

(3) In this section—


"government entity" —

(a) means an entity mentioned in the Public Service Act 2008 , section 24 (1) ; but

(b) does not include—

(i) a GOC, other than to the extent the GOC is directed to perform an obligation under the Government Owned Corporations Act 1993 or another Act; or

(ii) an entity mentioned in the Public Service Act 2008 , section 24 (2) (a) , (b) , (c) , (d) , (e) , (f) , (g) , (i) or (j) .

"prescribed eligibility provision" , of a relevant policy, means—

(a) a provision requiring that a person must have a particular citizenship or visa status to be eligible for financial or other assistance, services or support under the policy; or

(b) a provision under which persons who have a particular citizenship or visa status are treated more favourably than other persons in relation to their eligibility for financial or other assistance, services or support under the policy.

"relevant policy" means a policy of a government entity—

(a) that relates to any area of activity set out in part 4 ; and

(b) under which persons are provided with financial or other assistance, services or support.

"visa" see the Migration Act 1958 (Cwlth) , section 5 .