Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This Part does not render unlawful anything done by a person in direct compliance with:
(b) an order of a court; or
(c) an instrument (an industrial instrument ) that is:
(i) a fair work instrument (within the meaning of the Fair Work Act 2009 ); or
(ii) a transitional instrument or Division 2B State instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 );
to the extent to which the industrial instrument has specific provisions relating to the payment of rates of salary or wages to persons, in circumstances in which:
(iii) if the persons were not in receipt of the salary or wages, they would be eligible for a disability support pension; and
(iv) the salary or wages are determined by reference to the capacity of the person; or
(d) an order, award or determination of a court or tribunal having power to fix minimum wages, to the extent to which the order, award or determination has specific provisions relating to the payment of rates of salary or wages to persons, in circumstances in which:
(i) if the persons were not in receipt of the salary or wages, they would be eligible for a disability support pension; and
(ii) the salary or wages payable to each person are determined by reference to the capacity of that person.
Note: A person does not comply with an industrial instrument for the purpose of this subsection if that person purports to comply with a provision of that instrument that has no effect. Accordingly, the exemption under this subsection for acting in direct compliance with such an instrument would not apply in such circumstances.
(2) This Part does not render unlawful anything done by a person in direct compliance with a prescribed law.
(4) In subsection (1):
"disability support pension" has the same meaning as in the Social Security Act 1991 .
(5) In subsection (2):
"law" means:
(a) a law of the Commonwealth or of a State or Territory; or
(b) regulations or any other instrument made under such a law.
Note: See also subsection 98(6B) of the Civil Aviation Act 1988 , which allows regulations made under that Act to contain provisions that are inconsistent with this Act if the inconsistency is necessary for the safety of air navigation.