Western Australian Consolidated Acts

EQUAL OPPORTUNITY ACT 1984 - SECT 66ZS

66ZS .         Acts done under statutory authority, etc.

        (1)         Nothing in this Part renders unlawful anything done by a person if it was necessary for the person to do it in order to comply with a requirement of — 

            (a)         any other written law which is in force when this Part comes into operation, not being — 

                  (i)         the rules of a society registered under the Co-operative and Provident Societies Act 1903 or of a co-operative registered under the Co-operatives Act 2009 ; or

                  (ii)         the rules of a credit union within the meaning of the Credit Unions Act 1979 ⁴ ; or

                  (iii)         the rules of a society registered under the Friendly Societies (Western Australia) Code 1999 ;

                or

            (b)         a provision of the Minimum Conditions of Employment Act 1993 , an award or industrial agreement within the meaning of the Industrial Relations Act 1979 or an award within the meaning of the Industrial Relations Act 1988 of the Commonwealth insofar as that provision relates to the payment of wages or other remuneration to employees under the age of 21 or to the maintenance of a ratio between employees under a certain age and employees of or above that age, and it is lawful for a person to publish or display, or cause or permit to be published or displayed, an advertisement or notice relating to vacancies in employment for persons under the age of 21.

        (2)         In subsection (1)(b), advertisement has the meaning given by section 68(2).

        (3)         The Commissioner shall within the period of 2 years beginning on the commencement of section 19 of the Equal Opportunity Amendment Act 1992 ¹ or such longer period as may be prescribed — 

            (a)         undertake a review of written laws referred to in subsection (1) with a view to identifying circumstances where discrimination on the ground of age occurs, in substance or effect, against any person or class of persons; and

            (b)         furnish a report of the findings of the review undertaken under this subsection to the Minister.

        (4)         Every body that has the administration of any written law, or has the capacity to enact any subsidiary legislation under any written law, shall within 18 months of the coming into operation of section 19 of the Equal Opportunity Amendment Act 1992 ¹ , prepare and submit to the Commissioner a report stating — 

            (a)         whether any written law which it administers or subsidiary legislation that it has enacted contains any provision which discriminates on the ground of age; and

            (b)         if there is such a law, the nature of the discrimination, whether the body considers that the discrimination should be continued and the reasons why it so considers.

        (5)         The Commissioner shall include details of the statements received by the Commissioner pursuant to subsection (4) in the report to be furnished pursuant to subsection (3).

        (6)         Any body that pursuant to this section is required to prepare a statement shall include in any report that it is obliged to make under the Financial Management Act 2006 a statement as to whether it has complied with this section and shall continue to include a statement until such time as it has complied.

        [Section 66ZS inserted by No. 74 of 1992 s. 19; amended by No. 2 of 1999 s. 19(b); No. 12 of 2001 s. 48(3); No. 20 of 2002 s. 183; No. 17 of 2005 s. 26(3); No. 77 of 2006 Sch. 1 cl. 60(1); No. 24 of 2009 s. 509(3).]