47Exemptions

47 Exemptions (1) A club, the committee of management of a club or a member of the committee of management may discriminate against applicants for membership of the club who are not members of the group of people with an attribute for whom the club was established if the club operates wholly or mainly: (a) to preserve a minority culture; or (b) to prevent or reduce disadvantage suffered by, or meet the special or particular needs of, people of that group. (2) A club, the committee of management of a club or a member of the committee of management may discriminate against a person on the ground of age in membership of the club if the club provides association wholly or mainly for people of a specific age or age group. (3) A club, the committee of management of a club or a member of the committee of management may discriminate against a person on the ground of sex: (b) if the discrimination occurs in relation to the use or enjoyment of a benefit provided by the club where: (i) it is not practicable for the benefit to be used or enjoyed simultaneously, or to the same extent, by different sexes; and (ii) either the same or an equivalent benefit is provided for the use of different sexes separately from each other, or different sexes are each entitled to a fair and reasonable proportion of the use and enjoyment of the benefit. (4) In determining a matter relating to the application of subsection (3)(b) regard must be had to: (a) the purposes for which the club is established; and (b) the membership of the club, including any class or type of membership; and (c) the nature of the benefits provided by the club; and Anti-Discrimination Act 1992 36 (d) the opportunities for the use and enjoyment of those benefits by different sexes; and (e) any other relevant circumstances.