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Wednesday, 26 May 2004
Page: 29188

Consideration resumed from 30 March.

Senate's amendments—

(1) Clause 5, page 4 (after line 12), after the definition of age, insert:

associate of a personmeans:

(a) any person with whom a person associates, whether socially or in business or commerce, or otherwise; and

(b) any person who is wholly or mainly dependent on, or a member of the household of, a person.

(2) Clause 5, page 5 (line 12), at the end of the definition of employment, add:

; and (e) unpaid work.

(3) Clause 5, page 6 (after line 3), after the definition of public authority of the Commonwealth, insert:

relative of a person means any person to whom a person is related by blood, marriage, affinity or adoption.

(4) Clause 6, page 6 (lines 21 to 26), omit the clause.

(5) Clause 14, page 13 (lines 4 to 17), omit the clause, substitute:

14 Discrimination on the ground of age—direct discrimination

For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the age of the aggrieved person or the age of a relative or associate of the aggrieved person if:

(a) the discriminator harasses, or treats or proposes to treat the aggrieved person less favourably than, in circumstances that are the same or are not materially different, the discriminator treats or would treat a person of a different age or who does not have a relative or associate who is of that age or age group; and

(b) the discriminator does so because of:

(i) the age of the aggrieved person or the age of a relative or associate of the aggrieved person; or

(ii) a characteristic that appertains generally to persons of the age of the aggrieved person or the age of a relative or associate of the aggrieved person; or

(iii) a characteristic that is generally imputed to persons of the age of the aggrieved person or the age of a relative or associate of the aggrieved person.

(6) Clause 15, page 13 (lines 19 to 28), omit subclause (1), substitute:

(1) For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person)on the ground of the age of the aggrieved person or the age of a relative or associate of the aggrieved person if:

(a) the discriminator imposes, or proposes to impose, a condition, requirement or practice; and

(b) the condition, requirement or practice is not reasonable in the circumstances; and

(c) the condition, requirement or practice has, or is likely to have, the effect of disadvantaging persons of the same age as the aggrieved person.

(7) Clause 16, page 14 (lines 1 to 6), omit the clause, substitute:

16 Act done because of age and for other reasons

If:

(a) an act is done for 2 or more reasons; and

(b) one of the reasons is the age of a person (whether or not it is the dominant reason for doing the act);

then, for the purposes of this Act, the act is taken to be done for that reason.

(8) Clause 33, page 29 (line 13), after “intended”, insert “and reasonably required”.

(9) Clause 33, page 29 (line 20), after “intended”, insert “and reasonably required”.