72Exception—competitive sporting activities

72 Exception—competitive sporting activities (1) A person may exclude people of one sex or with a gender identity from participating in a competitive sporting activity in which the strength, stamina or physique of competitors is relevant. S. 72(1A) inserted by No. 26/2011 s. 17(1). (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. S. 72(1B) inserted by No. 26/2011 s. 17(1). (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) A person may restrict participation in a competitive sporting activity— (a) to people who can effectively compete; or (b) to people of a specified age or age group; or S. 72(2)(c) amended by No. 26/2011 s. 34(Sch. item 3.29). (c) to people with a general or particular disability. S. 72(3) amended by No. 26/2011 s. 17(2). (3) Subsections (1), (1A) and (1B) do not apply to a sporting activity for children under the age of 12 years.