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Anti-discrimination Act 1992
20Discrimination
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20 Discrimination
(1) For the purposes of this Act, discrimination includes:
(a) any distinction, restriction, exclusion or preference made on
the basis of an attribute that has the effect of nullifying or
impairing equality of opportunity; and
(b) harassment on the basis of an attribute,
in an area of activity referred to in Part 4.
Anti-Discrimination Act 1992 20
(2) Without limiting the generality of subsection (1), discrimination
takes place if a person treats or proposes to treat another person
who has or had, or is believed to have or had:
(a) an attribute; or
(b) a characteristic imputed to appertain to an attribute; or
(c) a characteristic imputed to appertain generally to persons with
an attribute,
less favourably than a person who has not, or is believed not to
have, such an attribute.
(3) For discrimination to take place, it is not necessary that:
(a) the attribute is the sole or dominant ground for the less
favourable treatment; or
(b) the person who discriminates regards the treatment as less
favourable.
(4) The motive of a person alleged to have discriminated against
another person is, for the purposes of this Act, irrelevant.