Australian Capital Territory Consolidated Acts

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DISCRIMINATION ACT 1991 - SECT 55

Discrimination by clubs

    (1)     Section 22 does not make unlawful discrimination on the ground of disability in relation to a club that has as its principal object the provision of benefits to people who have a particular disability.

    (2)     In deciding what the principal object of a club is for subsection (1), the following must be taken into account:

        (a)     the essential character of the club;

        (b)     if the people mainly enjoying the benefits of membership have the particular disability;

        (c)     any other relevant circumstance.

    (3)     Section 22 does not make it unlawful to discriminate against a person on the ground of disability if the discrimination is in relation to the enjoyment of any benefit provided by a club if—

        (a)     because of the person's disability, the benefit would have to be provided to the person in a special way; and

        (b)     the provision of the benefit in that way would impose unjustifiable hardship on the club.



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