Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of the other person's sex, marital status, pregnancy or potential pregnancy:
(a) by refusing the other person's application for accommodation;
(b) in the terms or conditions on which accommodation is offered to the other person; or
(c) by deferring the other person's application for accommodation or according to the other person a lower order of precedence in any list of applicants for that accommodation.
(2) It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of the other person's sex, marital status, pregnancy or potential pregnancy:
(a) by denying the other person access, or limiting the other person's access, to any benefit associated with accommodation occupied by the other person;
(b) by evicting the other person from accommodation occupied by the other person; or
(c) by subjecting the other person to any other detriment in relation to accommodation occupied by the other person.
(3) Nothing in this section applies to or in respect of:
(a) the provision of accommodation in premises if:
(i) the person who provides or proposes to provide the accommodation or a near relative of that person resides, and intends to continue to reside, on those premises; and
(ii) the accommodation provided in those premises is for no more than 3 persons other than a person referred to in subparagraph (i) or near relatives of such a person;
(b) accommodation provided by a religious body; or
(c) accommodation provided by a charitable or other non‑profit‑making body solely for persons of one sex or solely for persons of a particular marital status or particular marital statuses.
(4) This section binds the Crown in right of a State.
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