29Accommodation

#### 29 Accommodation (1) It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of the other person’s age: (a) by refusing the other person’s application for accommodation; or (b) in the terms or conditions on which the accommodation is offered to the other person; or (c) by deferring the other person’s application for accommodation or according to the other person a lower order of precedence in any list of applicants for that accommodation. (2) It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of the other person’s age: (a) by denying the other person access, or limiting the other person’s access, to any benefit associated with accommodation occupied by the other person; or (b) by evicting the other person from accommodation occupied by the other person; or (c) by subjecting the other person to any other detriment in relation to accommodation occupied by the other person. Exemption for accommodation provider who is resident etc. (3) This section does not apply to or in respect of the provision of accommodation in premises if: (a) the person who provides or proposes to provide the accommodation or a near relative of that person resides, and intends to continue to reside on those premises; and (b) the accommodation provided in those premises is for no more than 3 persons other than a person mentioned in paragraph (a) or near relatives of such a person. Definitions (4) In this section: > accommodation includes residential or business accommodation. > child: without limiting who is a child of a person for the purposes of paragraph (a) of the definition of near relative in this subsection, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975. > de facto partner has the meaning given by the Acts Interpretation Act 1901. > near relative, in relation to a person, means: (a) a parent, child, grandparent, grandchild, brother or sister of the person; or (b) the spouse or de facto partner of the first‑mentioned person or of a person mentioned in paragraph (a). > parent: without limiting who is a parent of a person for the purposes of paragraph (a) of the definition of near relative in this subsection, someone is the parent of a person if the person is his or her child because of the definition of child in this section. Family relationships (5) For the purposes of paragraph (a) of the definition of near relative in subsection (4), if one person is the child of another person because of the definition of child in that subsection, relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.