Anti-Discrimination Act 1977 ANTI-DISCRIMINATION REGULATION 2009 - Made under the Anti-Discrimination Act 1977 - As at 1 September 2009 - Reg 84 of 2009 TABLE OF PROVISIONS TABLE OF PROVISIONS 1. Name of Regulation 2. Commencement 3. Interpretation 4. Lawful activities of registered clubs 5. Matters to be considered in relation to exemption orders 6. Savings ANTI-DISCRIMINATION REGULATION 2009 - REG 1 Name of Regulation 1 Name of Regulation This Regulation is the Anti-Discrimination Regulation 2009. ANTI-DISCRIMINATION REGULATION 2009 - REG 2 Commencement 2 Commencement This Regulation commences on 1 September 2009. Note: This Regulation replaces the Anti-Discrimination Regulation 2004 which is repealed on 1 September 2009 by section 10 (2) of the Subordinate Legislation Act 1989. ANTI-DISCRIMINATION REGULATION 2009 - REG 3 Interpretation 3 Interpretation (1) In this Regulation: "the Act" means the Anti-Discrimination Act 1977. (2) Notes included in this Regulation do not form part of this Regulation. ANTI-DISCRIMINATION REGULATION 2009 - REG 4 Lawful activities of registered clubs 4 Lawful activities of registered clubs (1) Pursuant to section 49ZYX of the Act, the provision, in good faith, of a benefit, including a concession, to a member of a registered club by reason of his or her age is declared to be lawful. (2) Without limiting subclause (1), a benefit, or concession, may comprise a lower membership fee than the membership fee that is paid by other members of the registered club. ANTI-DISCRIMINATION REGULATION 2009 - REG 5 Matters to be considered in relation to exemption orders 5 Matters to be considered in relation to exemption orders (1) The President, when exercising a function under section 126 of the Act in relation to a proposed exemption under that section, is to consider the following matters: (a) whether the proposed exemption is appropriate or reasonable, (b) whether the proposed exemption is necessary, (c) whether there are any non-discriminatory ways of achieving the objects or purposes for which the proposed exemption is sought, (d) whether the proponent of the proposed exemption has taken reasonable steps, or is able to take any reasonable steps, to avoid or reduce the adverse effect of a particular act or action before seeking the exemption, (e) the public, business, social or other community impact of the granting of the proposed exemption, (f) any conditions or limitations to be contained in the proposed exemption. (2) In this clause, a reference to a "proposed exemption" includes a reference to a proposed renewal, variation or revocation of an exemption. (3) Nothing in this clause limits the power of the President to consider any other matters when exercising functions under section 126 of the Act. ANTI-DISCRIMINATION REGULATION 2009 - REG 6 Savings 6 Savings Any act, matter or thing that, immediately before the repeal of the Anti- Discrimination Regulation 2004, had effect under that Regulation continues to have effect under this Regulation. ANTI-DISCRIMINATION REGULATION 2009 - NOTES Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Anti-Discrimination Act 1977. Attorney General ANTI-DISCRIMINATION REGULATION 2009 - NOTES Explanatory note The object of this Regulation is to remake, with minor amendments, the provisions of the Anti-Discrimination Regulation 2004, which is repealed on 1 September 2009 by section 10 (2) of the Subordinate Legislation Act 1989. This Regulation makes provision with respect to the following: (a) the circumstances in which the provision of a concession to a member of a club by reason of the member’s age is lawful, (b) the matters that the President of the Anti-Discrimination Board is to consider before exercising a function under section 126 of the Anti-Discrimination Act 1977 which deals with the granting of exemptions under that Act, (c) savings and formal matters. This Regulation is made under the Anti-Discrimination Act 1977, including sections 49ZYX and 127 (the general regulation-making power). This Regulation comprises or relates to matters set out in Schedule 3 to the Subordinate Legislation Act 1989, namely matters that are not likely to impose an appreciable burden, cost or disadvantage on any sector of the public. ANTI-DISCRIMINATION REGULATION 2009 - NOTES Historical notes The following abbreviations are used in the Historical notes: ______________________________________________________________________ |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| Table of amending instrumentsAnti-Discrimination Regulation 2009 (84). LW 6.3.2009. Date of commencement, 1.9.2009, cl 2.