Australian Capital Territory Current Acts

DISCRIMINATION ACT 1991 - SECT 41

    (1)     Section 23A (Sporting activities) does not make it unlawful to discriminate on the ground of sex by excluding people of one sex from participation in any formally organised competitive sporting activity if—

        (a)     the strength, stamina or physique of competitors is relevant; and

        (b)     the discrimination is reasonable, proportionate and justifiable in the circumstances.

    (2)     Subsection (1) does not apply to the following kinds of discrimination:

        (a)     the exclusion of people from participation in—

              (i)     the coaching of people engaged in any sporting activity; or

              (ii)     the umpiring or refereeing of any sporting activity; or

              (iii)     the administration of any sporting activity; or

              (iv)     any other formally organised competitive sporting activity prescribed by regulation;

        (b)     discrimination against a child under 12 years old.