• Specific Year
    Any

EQUAL OPPORTUNITY ACT 1984 - SECT 48

EQUAL OPPORTUNITY ACT 1984 - SECT 48

48—Sport

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.