40Exemptions

40 Exemptions (1) A person may discriminate against a person in deciding who is to reside in accommodation that forms part of, and is intended to continue to form part of, the main home of the person or a near relative of the person. (2) An educational authority that operates, or proposes to operate, an educational institution wholly or mainly for students of a particular sex may provide accommodation wholly or mainly for students of that sex. (2B) An educational authority that operates, or proposes to operate, an educational institution wholly or mainly for students who have a general or specific disability may provide accommodation wholly or mainly for students with that disability. (3) A person may discriminate against a person with respect to a matter that is otherwise prohibited under this Division if: (a) the accommodation concerned is: (i) under the direction or control of a body established for religious purposes; and (ii) wholly within or directly attached to religious premises; and (b) the discrimination: (i) is in accordance with the doctrine of the religion concerned; and (ii) is necessary to avoid offending the religious sensitivities of people of the religion. (4) A person may discriminate against a person with respect to a matter that is otherwise prohibited under this Division if: (a) the accommodation concerned is under the direction or control of a body established for a charitable purpose; and Anti-Discrimination Act 1992 33 (b) the discrimination is in accordance with the particular purpose for which the accommodation was established by the body. (5) Subsection (3) does not apply in respect of any accommodation mentioned in paragraph (a) of that subsection at any time at which a program that is funded by, or conducted on behalf of, the Territory or the Commonwealth is being conducted at that accommodation. (6) In this section: religious premises means a church, temple, synagogue, mosque or any other similar place of worship.