Western Australian Current Acts

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EQUAL OPPORTUNITY ACT 1984 - SECT 48

48 .         Clubs

        (1)         It is unlawful for a club, the committee of management of a club, or a member of the committee of management of a club to discriminate against a person who is not a member of the club on the ground of the person’s race —

            (a)         by refusing or failing to accept the person’s application for membership; or

            (b)         in the terms or conditions on which the club is prepared to admit the person to membership.

        (2)         It is unlawful for a club, the committee of management of a club, or a member of the committee of management of a club to discriminate against a person who is a member of the club on the ground of the person’s race —

            (a)         in the terms or conditions of membership that are afforded to the member; or

            (b)         by refusing or failing to accept the member’s application for a particular class or type of membership; or

            (c)         by denying the member access, or limiting the member’s access, to any benefit provided by the club; or

            (d)         by depriving the member of membership or varying the terms of the member’s membership; or

            (e)         by subjecting the member to any other detriment.

        (3)         Nothing in subsection (1) or (2) applies to or in respect of a club that has as its principal object the provision of benefits for persons of a specified race if those persons are described otherwise than —

            (a)         by reference to colour; or

            (b)         in a manner which has the effect of excluding persons of that race who are of a different colour from those persons, or the majority of those persons, who come within that description.

        (4)         In determining whether the principal object of a club is as referred to in subsection (3), regard shall be had to —

            (a)         the essential character of the club; and

            (b)         the extent to which the affairs of the club are so conducted that the persons primarily enjoying the benefits of membership are of the race specified in the principal object; and

            (c)         any other relevant circumstance.



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