Div 7General exemptions from Part 3

Division 7—General exemptions from Part 3 45—Charities (a) affect a provision in a charitable instrument for conferring benefits wholly or mainly on— (i) persons of the one sex; or (ia) persons of a particular gender identity; or (ii) persons of a particular sexual orientation; or (iii) persons of intersex status; or 47—Measures intended to achieve equality This Part does not render unlawful an act done for the purpose of carrying out a scheme or undertaking intended to ensure that persons of a particular sex, sexual orientation, gender identity or intersex status, have equal opportunities with, respectively, all other persons, in circumstances to which this Part applies. 48—Sport This Part does not render unlawful the exclusion of persons from participation in a competitive sporting activity on the ground of sex in the following circumstances: (a) if the sporting activity is one in which the strength, stamina or physique of the competitor is relevant to the outcome of the competition; (b) if the exclusion is genuinely intended to facilitate or increase the participation of persons, or a class of persons, of a particular sex in the sporting activity and— (i) it is unlikely that those persons will participate, or that there will be an increase in participation by those persons, in the sporting activity if the exclusion is not made (having regard to all of the circumstances of the persons or class of persons); and (ii) there are reasonable opportunities for excluded persons to participate in the sporting activity in another competition; (c) if— (i) the exclusion is reasonably required to enable participants in the sporting activity to advance to competitions at a level higher than that in which the exclusion is to occur (being a requirement that is due to the structure of, or restrictions in, the higher level competitions); and (ii) there are reasonable opportunities for excluded persons to participate in the sporting activity in another competition; (d) in such other circumstances as may be prescribed by the regulations. 49—Insurance etc This Part does not render unlawful discrimination on the ground of sex in the terms on which an annuity, life assurance, accident insurance or other form of insurance is offered or may be obtained, if the discrimination— (a) is based on actuarial or statistical data from a source on which it is reasonable to rely; and (b) is reasonable having regard to that data. 50—Religious bodies (1) This Part does not render unlawful discrimination in relation to— (a) the ordination or appointment of priests, ministers of religion or members of a religious order; or (b) the training or education of persons seeking ordination or appointment as priests, ministers of religion or members of a religious order; or (ba) the administration of a body established for religious purposes in accordance with the precepts of that religion; or (c) any other practice of a body established for religious purposes that conforms with the precepts of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion.