Commonwealth Consolidated Acts

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SEX DISCRIMINATION ACT 1984 - SECT 5C

Discrimination on the ground of intersex status

  (1)   For the purposes of this Act, a person (the discriminator ) discriminates against another person (the aggrieved person ) on the ground of the aggrieved person's intersex status if, by reason of:

  (a)   the aggrieved person's intersex status; or

  (b)   a characteristic that appertains generally to persons of intersex status; or

  (c)   a characteristic that is generally imputed to persons of intersex status;

the discriminator treats the aggrieved person less favourably than, in circumstances that are the same or are not materially different, the discriminator treats or would treat a person who is not of intersex status.

  (2)   For the purposes of this Act, a person (the discriminator ) discriminates against another person (the aggrieved person ) on the ground of the aggrieved person's intersex status if the discriminator imposes, or proposes to impose, a condition, requirement or practice that has, or is likely to have, the effect of disadvantaging persons of intersex status.

  (3)   This section has effect subject to sections   7B and 7D.


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