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Commonwealth legislation
What this instrument does
This regulation names itself and says it is made under the Disability Discrimination Act 1992 (the Act) (see sections 1 and 3). It uses the term "Act" to mean the Disability Discrimination Act 1992 (section 5).
It identifies particular laws and regulatory provisions as "prescribed laws" for the purpose of subsection 47(2) of the Act. Where an action is done to comply with a prescribed law, that action is exempt from the Act's general prohibition on disability discrimination (see section 6(1)–(3)). The instrument lists specified Commonwealth laws and regulations, and specified laws of New South Wales and South Australia, by name and by particular regulation or clause. The listed items include parts of the Broadcasting Services Act 1992, specific Civil Aviation Safety Regulations and manual content, and named provisions of NSW and South Australian laws (section 6).
It sets out what counts as "combat duties" and "combat-related duties" for the purposes of the Act's definitions in subsection 53(2). "Combat duties" are declared to be duties that require, or are likely to require, a person to commit or participate directly in an act of violence in the event of armed conflict (section 7). "Combat-related duties" are declared to include duties that require, or are likely to require, training or preparation for combat duties or working in support of someone performing combat duties (section 8).
Who this affects and why it matters (mechanically)
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Direct links to the current provisions in Disability Discrimination Regulations 2019.
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View on official registerSourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
People and organisations whose actions are taken to comply with the listed "prescribed laws" (for example, certain Commonwealth aviation or broadcasting requirements, or the specified NSW and South Australian statutory provisions) may not be able to rely on the Act's prohibition of disability discrimination because those actions are carved out by these regulations (section 6).
Military, defence or other roles that involve actual violent acts in armed conflict, and roles that prepare for or support those acts, are formally classified for the Act's purposes as "combat duties" or "combat-related duties" (sections 7 and 8). That classification affects how the Act treats disability discrimination questions that arise in those roles.
Official purpose-claim and a practical check
The instrument’s explicit mechanical purpose is to identify which laws count as "prescribed laws" under subsection 47(2) of the Act and to declare the meanings of "combat duties" and "combat-related duties" under subsection 53(2) (sections 6–8). That is, it narrows and specifies how the Act operates in particular statutory and operational contexts.
Costs and who pays: Individuals who might otherwise seek protection under the Act can have those protections reduced or removed when a relevant action is done to comply with a prescribed law; the immediate effect is on the person alleging discrimination and on the entity taking the action (section 6). There is no additional taxation or direct financial subsidy introduced by the regulation itself in the text provided.
Incentives and behaviour: Entities (including government agencies or regulated bodies) that must comply with the listed laws can rely on the exemption in section 6 when actions are taken to meet those laws. Those entities therefore have an incentive to document and demonstrate compliance with the prescribed laws if they wish to claim the exemption (section 6).
Compliance burden and legal interpretation: Determining whether an action qualifies for the exemption requires cross-referencing the Act, these regulations, and the external laws and regulations named in section 6. That creates a legal-interpretation task for agencies, regulated entities and legal advisers. For state items, the regulations adopt those laws "as in force from time to time," which means future amendments to those external laws will change the exemption's scope without further amendment to this instrument (section 6(2)–(3)).
Bureaucratic discretion and implementation risk: The regulations do not set administrative procedures for determining compliance. Relying on the exemption will typically require factual and legal analysis of whether an act was done "in compliance with" a prescribed law (section 6). The absence of procedural steps in this instrument leaves discretion to decision-makers and courts to determine whether the factual circumstances meet the exemption.
Effects on private enterprise and individual choice (source-supported)
The instrument mainly operates by excluding some actions from the Act’s prohibition where those actions are required by the specified external laws. This affects the relationship between private actors and regulators where those external laws apply (for example aviation operators subject to the listed Civil Aviation Safety Regulations) because compliance with those regulatory requirements can be used to justify conduct that otherwise could be treated as discriminatory under the Act (section 6).
The regulations do not create new affirmative powers over private businesses; they identify contexts in which the Act’s prohibition does not apply, which can change the legal risk profile for regulated businesses and agencies in those sectors (section 6).
Trade‑offs and potential indirect effects (grounded in the instrument)
Trade-off: the instrument increases legal certainty about specific exemptions by naming laws and declaring definitions, but it also transfers the task of resolving borderline cases to courts and decision-makers because it does not prescribe processes for assessing compliance (sections 6–8).
Opportunity cost: legal and compliance resources may be required to evaluate and document compliance with the prescribed laws whenever discrimination complaints touch the listed areas (section 6).
Key sections to look at in the text