Victorian Numbered Acts

EQUAL OPPORTUNITY AMENDMENT ACT 2011 (NO. 26 OF 2011) - SECT 17

    (1)     After section 72(1) of the Principal Act insert —

    "(1A)     A person may exclude people of one sex from participating in a competitive sporting activity if—

        (a)     participation in the activity is necessary for progression to an elite level competition; and

        (b)     the exclusion is necessary to enable participants in the activity to progress to national or international elite level competition.

    (1B)     A person may exclude people of one sex from participating in a competitive sporting activity or restrict participation in a competitive sporting activity to people of one sex if—

        (a)     the exclusion or restriction is intended to facilitate participation in the activity by people of a particular sex; and

        (b)     the exclusion or restriction is reasonable having regard to—

              (i)     the nature and purpose of the activity; and

              (ii)     the consequences of the exclusion or restriction for people of the excluded or restricted sex; and

              (iii)     whether there are other opportunities for people of the excluded or restricted sex to participate in the activity.".

    (2)     In section 72(3) of the Principal Act, for "Subsection (1) does not" substitute
"Subsections (1), (1A) and (1B) do not".