73BGender-exclusive and gender-restrictive clubs

73B Gender-exclusive and gender-restrictive clubs (1) A gender-restrictive club or a gender‑exclusive club is not entitled to an exemption under section 73A(1) unless the Commissioner determines— (a) in the case of a gender-restrictive club, the club is genuinely inclusive of members of any sex or gender identity; or (b) the purposes of the club are such that it is consistent with community interests and expectations that the exemption apply. (2) For the purposes of making a determination under subsection (1)(a), the Commissioner may have regard to the following— (a) the membership composition of the club; (b) membership classes and the rights of members of the club; (c) any other relevant circumstances. (3) For the purposes of making a determination under subsection (1)(b), the Commissioner may have regard to the following— (a) the purposes of the club; (b) the membership composition of the club; (c) membership classes and the rights of members of the club; (d) the nature of the benefits or services the club provides to its members; (e) benefits or services the club provides to the community; (f) whether the benefits or services the club provides to its members are to meet their special needs or particular personal characteristics; (g) any other relevant circumstances. ***gender-exclusive club*** means a non-racing club which excludes persons from membership on the basis of a person's sex or gender identity; ***gender-restrictive club*** means a non-racing club— (a) that was a gender-exclusive club on or after 20 May 2021; and (b) that no longer excludes persons from membership on the basis of a person's sex or gender identity; ***non-racing club*** has the meaning given in section 73A. Pt 4 Div. 4 (Heading) amended by No. 84/2006 s. 12. Division 4—Charities and health services