Commonwealth Consolidated Acts

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Indirect discrimination: reasonableness test

             (1)  A person does not discriminate against another person by imposing, or proposing to impose, a condition, requirement or practice that has, or is likely to have, the disadvantaging effect mentioned in subsection 5(2), 5A(2), 5B(2), 5C(2), 6(2), 7(2) or 7AA(2) if the condition, requirement or practice is reasonable in the circumstances.

             (2)  The matters to be taken into account in deciding whether a condition, requirement or practice is reasonable in the circumstances include:

                     (a)  the nature and extent of the disadvantage resulting from the imposition, or proposed imposition, of the condition, requirement or practice; and

                     (b)  the feasibility of overcoming or mitigating the disadvantage; and

                     (c)  whether the disadvantage is proportionate to the result sought by the person who imposes, or proposes to impose, the condition, requirement or practice.

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