Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts42. (1) Nothing in paragraph 10 (1) (a) or (b), 12 (1) (a) or (b), 13 (b) or 14 (1) (a) or (2) (a) renders it unlawful for a person to discriminate against another person on the ground of race in connection with a position as an employee, commission agent, contract worker or partner, being a position in relation to which it is a genuine occupational qualification to be a person of a different race to that of the other person.
(2) Without limiting the generality of subsection (1), it is a genuine occupational qualification, in relation to a particular position, to be a person of a particular race if—
(a) the duties of the position involve participating in a dramatic performance or other entertainment in a role that, for reasons of authenticity, aesthetics or tradition is required to be performed by a person of that race;
(b) the duties of the position involve participating as an artist's or photographic model in the production of a work of art, visual image or sequence of visual images for which a person of that race is required for reasons of authenticity;
(c) the duties of the position involve working in a place where food or drink is (whether for payment or not) provided to and consumed by persons in circumstances in which a person of that race is required for reasons of authenticity;
(d) the duties of the position involve providing persons of that race with services for the purpose of promoting their welfare, where those services can most effectively be provided by a person of that race; or
(e) the position is declared by the regulations to be a position in relation to which it is a genuine occupational qualification to be a person of a particular race.