Exception—competitive sporting activities
72 Exception—competitive sporting activities
A person may exclude people of one sex or with a gender identity from participating in a competitive sporting activity in which the strength, stamina or physique of competitors is relevant.
S. 72(1A) inserted by No. 26/2011 s. 17(1).
A person may exclude people of one sex from participating in a competitive sporting activity if—
participation in the activity is necessary for progression to an elite level competition; and
the exclusion is necessary to enable participants in the activity to progress to national or international elite level competition.
S. 72(1B) inserted by No. 26/2011 s. 17(1).
A person may exclude people of one sex from participating in a competitive sporting activity or restrict participation in a competitive sporting activity to people of one sex if—
the exclusion or restriction is intended to facilitate participation in the activity by people of a particular sex; and
the exclusion or restriction is reasonable having regard to—
the nature and purpose of the activity; and
the consequences of the exclusion or restriction for people of the excluded or restricted sex; and
whether there are other opportunities for people of the excluded or restricted sex to participate in the activity.
A person may restrict participation in a competitive sporting activity—
to people who can effectively compete; or
to people of a specified age or age group; or
S. 72(2)(c) amended by No. 26/2011 s. 34(Sch. item 3.29).
to people with a general or particular disability.
S. 72(3) amended by No. 26/2011 s. 17(2).
Subsections (1), (1A) and (1B) do not apply to a sporting activity for children under the age of 12 years.
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