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s 46

Exception—adjustments to provision of service not reasonable

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Part 4When is discrimination prohibited?
Division 4Discrimination in the provision of goods and services and disposal of land

46 Exception—adjustments to provision of service not reasonable

A service provider may discriminate against a person on the basis of the person's disability if—

(a)

the person requires adjustments to be made to the provision of a service by the service provider in order to participate in or access the service or derive any substantial benefit from the service; and

(b)

the service provider has complied with section 45; and

(c)

either—

(i)

the adjustments are not reasonable, having regard to the facts and circumstances set out in section 45(3); or

(ii)

the person could not or cannot participate in or access the service or derive any substantial benefit from the service even after the adjustment is made.

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