19Discrimination against commission agents

#### 19 Discrimination against commission agents (1) It is unlawful for a principal to discriminate against a person on the ground of the person’s age: (a) in the arrangements the principal makes for the purpose of determining who should be engaged as a commission agent; or (b) in determining who should be engaged as a commission agent; or (c) in the terms or conditions on which the person is engaged as a commission agent. (2) It is unlawful for a principal to discriminate against a commission agent on the ground of the commission agent’s age: (a) in the terms or conditions that the principal affords the commission agent as a commission agent; or (b) by denying the commission agent access, or limiting the commission agent’s access, to opportunities for promotion, transfer or training, or to any other benefits associated with the position as a commission agent; or (c) by terminating the engagement; or (d) by subjecting the commission agent to any other detriment. Exemption for inherent requirements (3) Paragraphs (1)(a), (1)(b) and (2)(c) do not make it unlawful for a principal to discriminate against another person, on the ground of the other person’s age, if the other person is unable to carry out the inherent requirements of a commission agent because of his or her age. (4) In deciding whether the other person is unable to carry out those requirements because of his or her age, take into account: (a) the other person’s past training, qualifications and experience relevant to engagement as a commission agent; and (b) if the other person is already engaged by the principal as a commission agent—the other person’s performance as a commission agent; and (c) all other relevant factors that it is reasonable to take into account. Definitions (5) In this section: > commission agent means a person who does work for another person as the agent of that other person and who is remunerated, whether in whole or in part, by commission. > principal, in relation to a commission agent, means a person for whom the commission agent does work as a commission agent.