Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Age Discrimination Bill 2004

Part 7 Miscellaneous

   

54   Power to require source of actuarial data or statistical data

             (1)  Subsection (2) applies if a person has acted in a way that would, apart from paragraph 37(3)(a) or subsection 37(5), be unlawful under Part 4.

             (2)  The President or the Commission may give the person a notice in writing, as prescribed, requiring the person to disclose to the President or to the Commission, as the case may be, the source of the actuarial or statistical data on which the act of discrimination was based.

Note:          Failure to comply with the requirement is an offence under section 52.

55   Delegation

                   The Commission may, by writing under its seal, delegate all or any of the powers conferred on it under this Act to:

                     (a)  a member of the Commission; or

                     (b)  a member of the staff of the Commission; or

                     (c)  another person or body of persons.

56   Liability of persons involved in unlawful acts

A person who causes, instructs, induces, aids or permits another person to do an act that is unlawful under Part 4 is, for the purposes of this Act, taken also to have done the act.

57   Conduct by directors, employees and agents

Bodies corporate

             (1)  If, for the purposes of this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:

                     (a)  that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and

                     (b)  that the director, employee or agent had the state of mind.

             (2)  Any conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority is taken, for the purposes of this Act, to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.

Persons other than bodies corporate

             (3)  If, for the purposes of this Act, it is necessary to establish the state of mind of a person other than a body corporate in relation to a particular conduct, it is sufficient to show:

                     (a)  that the conduct was engaged in by an employee or agent of the person within the scope of his or her actual or apparent authority; and

                     (b)  that the employee or agent had the state of mind.

             (4)  Any conduct engaged in on behalf of a person other than a body corporate by an employee or agent of the person within the scope of his or her actual or apparent authority is taken, for the purposes of this Act, to have been engaged in also by the first-mentioned person unless the first-mentioned person establishes that the first-mentioned person took reasonable precautions and exercised due diligence to avoid the conduct.

             (5)  If:

                     (a)  a person other than a body corporate is convicted of an offence; and

                     (b)  the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;

the person is not liable to be punished by imprisonment for that offence.

Interpretation

             (6)  A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:

                     (a)  the knowledge, intention, opinion, belief or purpose of the person; and

                     (b)  the person’s reasons for the intention, opinion, belief or purpose.

             (7)  A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.

             (8)  A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.

58   Protection from civil actions

             (1)  The Commission, a member of the Commission or a person acting for or on behalf of the Commission or a member of the Commission is not liable to an action or other proceeding for damages for or in relation to an act done in good faith:

                     (a)  in performance or purported performance of any function conferred on the Commission; or

                     (b)  in exercise or purported exercise of any power conferred on the Commission.

             (2)  Subsection (3) applies if a submission has been made, a document or information has been given, or evidence has been given, to the Commission or to a person acting for or on behalf of the Commission.

             (3)  A person is not liable to an action, suit or proceeding in respect of loss, damage or injury of any kind suffered by another person by reason only that the submission was made, the document or information was given or the evidence was given.

59   Unlawful act not basis of civil action unless expressly so provided

             (1)  This Act does not confer on a person a right of action in respect of the doing of an act that is unlawful under a provision of Part 4 unless a provision of this Act expressly provides otherwise.

             (2)  For the purposes of subsection (1), a reference to an act that is unlawful under a provision of Part 4 includes a reference to an act that is an offence under a provision of Part 5.

60   Non-disclosure of private information

             (1)  A person bound by this section because of office, employment or authorisation must not, either directly or indirectly:

                     (a)  make a record of, or divulge or communicate to any person, any information relating to the affairs of another person acquired by the first-mentioned person because of that person’s office or employment under or for the purposes of this Act or because of that person being or having been so authorised; or

                     (b)  make use of any such information as is mentioned in paragraph (a); or

                     (c)  produce to any person a document relating to the affairs of another person given for the purposes of this Act.

Penalty:  Imprisonment for 2 years.

             (2)  A person bound by this section because of office, employment or authorisation must not be required:

                     (a)  to divulge or communicate to a court any information relating to the affairs of another person acquired by the first-mentioned person because of that person’s office or employment under or for the purposes of this Act or because of that person being or having been so authorised; or

                     (b)  to produce in a court a document relating to the affairs of another person of which the first-mentioned person has custody, or to which that person has access, because of that person’s office or employment under or for the purposes of this Act or because of that person being or having been so authorised;

except where it is necessary to do so for the purposes of this Act.

             (3)  This section does not prohibit a person from:

                     (a)  making a record of information that is required or permitted by an Act to be recorded, if the record is made for the purposes of or under that Act; or

                     (b)  divulging or communicating information, or producing a document, to any person in accordance with an arrangement in force under section 16 of the Human Rights and Equal Opportunity Commission Act 1986 ; or

                     (c)  divulging or communicating information, or producing a document that is required or permitted by an Act to be divulged, communicated or produced as the case may be, if the information is divulged or communicated, or the document is produced, for the purposes of or under that Act.

Note:          A defendant bears an evidential burden in relation to a matter in subsection (3) (see subsection 13.3(3) of the Criminal Code ).

             (4)  Subsection (1) does not prevent a person from making a record of, divulging, communicating or making use of information, or producing a document, if the person does so:

                     (a)  in the performance of a duty under or in connection with this Act; or

                     (b)  in the performance or exercise of a function or power conferred on the Commission under this Act.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code ).

             (5)  Subsection (2) does not prevent a person from being required, for the purposes of or under an Act, to divulge or communicate information, or to produce a document, that is required or permitted by that Act to be divulged, communicated or produced.

             (6)  In this section:

court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.

person bound by this section because of office, employment or authorisation means a person who is, or has at any time been:

                     (a)  a member of the Commission; or

                     (b)  a member of the staff assisting the Commission; or

                     (c)  a person authorised to perform or exercise any function or power of the Commission or any function or power for or on behalf of the Commission, being a function or power conferred on the Commission under this Act.

produce includes permit access to.

61   Regulations

                   The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.