Clubs and incorporated associations
66ZI Clubs and incorporated associations
It is unlawful for a club or incorporated association, the committee of management of a club or incorporated association or a member of the committee of management of a club or incorporated association to discriminate against a person who is not a member of the club or incorporated association on the ground of the person’s age —
by refusing or failing to accept the application of the person for membership; or
in the terms or conditions on which the club or incorporated association is prepared to admit the person to membership.
It is unlawful for a club or incorporated association, the committee of management of a club or incorporated association or a member of the committee of management of a club or incorporated association to discriminate against a person who is a member of the club or incorporated association on the ground of the member’s age —
in the terms or conditions of membership that are afforded to that member; or
by refusing or failing to accept the application of that member for a particular class or type of membership; or
by denying that member access, or limiting the member’s access, to any benefit provided by the club or incorporated association; or
by depriving that member of membership or varying the terms of membership; or
by subjecting that member to any other detriment.
Nothing in subsection (1) or (2) applies to or in respect of a club or incorporated association —
that has as its principal object the provision of benefits for persons who are of a particular age; or
so as to prevent —
the retention by the club or incorporated association of different categories of membership for members of different ages; or
the provision of bona fide benefits, including concessions, to a person by reason of his or her age.
In determining whether the principal object of a club or incorporated association is as referred to in subsection (3)(a), regard shall be had to —
the essential character of the club or incorporated association; and
the extent to which the affairs of the club or incorporated association are so conducted that the persons primarily enjoying the benefits of membership are of the relevant age; and
any other relevant circumstance.
[Section 66ZI inserted: No. 74 of 1992 s. 19.]
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