EQUAL OPPORTUNITY ACT 1984 - SECT 48
EQUAL OPPORTUNITY ACT 1984 - SECT 48
This Part does not render unlawful the exclusion of persons from participation
in a competitive sporting activity on the ground of sex in the following
circumstances:
(a) if
the sporting activity is one in which the strength, stamina or physique of the
competitor is relevant to the outcome of the competition;
(b) if
the exclusion is genuinely intended to facilitate or increase the
participation of persons, or a class of persons, of a particular sex in the
sporting activity and—
(i)
it is unlikely that those persons will participate, or
that there will be an increase in participation by those persons, in the
sporting activity if the exclusion is not made (having regard to all of the
circumstances of the persons or class of persons); and
(ii)
there are reasonable opportunities for excluded persons
to participate in the sporting activity in another competition;
(c)
if—
(i)
the exclusion is reasonably required to enable
participants in the sporting activity to advance to competitions at a level
higher than that in which the exclusion is to occur (being a requirement that
is due to the structure of, or restrictions in, the higher level
competitions); and
(ii)
there are reasonable opportunities for excluded persons
to participate in the sporting activity in another competition;
(d) in
such other circumstances as may be prescribed by the regulations.