(1)

A reference in this section to this Act is a reference to this Act as it has effect because of a provision of sections 9 and 10.

(2)

A reference in this section to a law of a State or Territory is a reference to a law of a State or Territory that deals with discrimination on the ground of age.

(3)

This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.

(4)

If:

(a) a law of a State or Territory relating to discrimination deals with a matter dealt with by this Act; and
(b) a person has made a complaint or initiated a proceeding under that law in respect of an act in respect of which the person would, apart from this subsection, have been entitled to make a complaint under the Human Rights and Equal Opportunity Commission Act 1986 alleging that the act is unlawful under a provision of Part 4 of this Act;

the person is not entitled to make a complaint or institute a proceeding under the Human Rights and Equal Opportunity Commission Act 1986 alleging that the act is unlawful under a provision of Part 4 of this Act.

(5)

If:

(a) a law of a State or Territory relating to discrimination deals with a matter dealt with by this Act; and
(b) an act by a person that constitutes an offence against that law also constitutes an offence against this Act;

the person may be prosecuted and convicted either under that law of the State or Territory or under this Act

(6)

Nothing in subsection (5) makes a person liable to be punished more than once in respect of the same act.