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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Equal Opportunity (Sporting Competitions) Amendment
Bill 2013
A BILL FOR
An Act to amend the Equal
Opportunity Act 1984.
Contents
Part 1—Preliminary
1Short
title
2Amendment provisions
Part 2—Amendment of Equal Opportunity
Act 1984
3Substitution of section
48
48Sport
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Equal Opportunity (Sporting Competitions)
Amendment Act 2013.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Equal Opportunity
Act 1984
Section 48—delete section 48 and substitute:
48—Sport
This Part does not render unlawful the exclusion of persons from
participation in a competitive sporting activity on the ground of sex in the
following circumstances:
(a) if the sporting activity is one in which the strength, stamina or
physique of the competitor is relevant to the outcome of the
competition;
(b) if the exclusion is genuinely intended to facilitate or increase the
participation of persons, or a class of persons, of a particular sex in the
sporting activity and—
(i) it is unlikely that the those persons will participate, or that there
will be an increase in participation by those persons, in the sporting activity
if the exclusion is not made (having regard to all of the circumstances of the
persons or class of persons); and
(ii) there are reasonable opportunities for excluded persons to
participate in the sporting activity in another competition;
(c) if—
(i) the exclusion is reasonably required to enable participants in the
sporting activity to advance to competitions at a level higher than that in
which the exclusion is to occur (being a requirement that is due to the
structure of, or restrictions in, the higher level competitions); and
(ii) there are reasonable opportunities for excluded persons to
participate in the sporting activity in another competition;
(d) in such other circumstances as may be prescribed by the
regulations.