Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) Section 22 does not make it unlawful to discriminate against a person on the ground of that person's sex if membership of the relevant club is available only to people of the opposite sex.
(2) Section 22 (1) (b) or (2) does not make it unlawful to discriminate against a person on the ground of sex if the discrimination occurs in relation to the use or enjoyment of any benefit provided by the relevant club if—
(a) it is not practicable for the benefit to be used or enjoyed, either simultaneously or to the same extent, by both men and women; and
(b) either—
(i) the same, or an equivalent, benefit is provided for the use of men and women separately from each other; or
(ii) men and women are each entitled to a fair and reasonable proportion of the use and enjoyment of the benefit.
(3) In deciding any matter relating to the application of subsection (2), the following must be taken into account:
(a) the purposes for which the club is established;
(b) the membership of the club, including any class or type of membership;
(c) the nature of the benefits provided by the club;
(d) the opportunities for the use and enjoyment of those benefits by men and women;
(e) any other relevant circumstances.