NSWIn ForceAct
Anti-Discrimination Act 1977
49PAPersons addicted to prohibited drugs
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#### 49PA Persons addicted to prohibited drugs
49PA Persons addicted to prohibited drugs
> > (1) This section applies to the provisions of Division 2 (Discrimination in work), other than sections 49H, 49I and 49J.
>
> > (2) Nothing in those provisions renders unlawful discrimination against a person on the ground of disability if—
> >
> > > (a) the disability relates to the person’s addiction to a prohibited drug, and
> >
> > > (b) the person is actually addicted to a prohibited drug at the time of the discrimination.
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> > (3) However, nothing in this section makes it lawful to discriminate against a person on the ground of the person having hepatitis C, HIV infection or any medical condition other than addiction to a prohibited drug.
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> > (4) In this section—
> >
> > prohibited drug means a prohibited drug within the meaning of the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226), but does not include—
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> > > (a) methadone or buprenorphine, or
> >
> > > (b) any other drug that is declared by the regulations not to be a prohibited drug for the purposes of this section.
>
> **s 49PA:** Ins 2002 No 6, Sch 1.