Document ID: chunk:federal_register_of_legislation:C2024C00840:section:22
Version: federal_register_of_legislation:C2024C00840
Segment Type: section
Provision Reference: s 22
Character Range: 32348–33902

22  Qualifying bodies
 (1) It is unlawful for an authority or body that is empowered to confer, renew, extend, revoke or withdraw an authorisation or qualification that is needed for or facilitates the practice of a profession, the carrying on of a trade or the engaging in of an occupation to discriminate against a person on the ground of the person's age:
 (a) by refusing or failing to confer, renew or extend the authorisation or qualification; or
 (b) in the terms or conditions on which it is prepared to confer the authorisation or qualification or to renew or extend the authorisation or qualification; or
 (c) by revoking or withdrawing the authorisation or qualification or varying the terms or the conditions upon which it is held.

Exemption for inherent requirements
 (2) This section does not make it unlawful for an authority or body to discriminate against a person, on the ground of the person's age, if the person is unable to carry out the inherent requirements of the profession, trade or occupation because of his or her age.
 (3) In deciding whether the person is unable to carry out those requirements because of his or her age, take into account:
 (a) the person's past training, qualifications and experience relevant to the particular profession, trade or occupation; and
 (b) if the person is already a member of the profession, carrying on the trade or engaged in the occupation—the person's performance in the profession, trade or occupation; and
 (c) all other relevant factors that it is reasonable to take into account.