23Accommodation

#### 23 Accommodation (1) It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of the other person’s sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, or breastfeeding: (a) by refusing the other person’s application for accommodation; (b) in the terms or conditions on which accommodation is offered to the other person; or (c) by deferring the other person’s application for accommodation or according to the other person a lower order of precedence in any list of applicants for that accommodation. (2) It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of the other person’s sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, or breastfeeding: (a) by denying the other person access, or limiting the other person’s access, to any benefit associated with accommodation occupied by the other person; (b) by evicting the other person from accommodation occupied by the other person; or (c) by subjecting the other person to any other detriment in relation to accommodation occupied by the other person. (3) Nothing in this section applies to or in respect of: (a) the provision of accommodation in premises if: (i) the person who provides or proposes to provide the accommodation or a near relative of that person resides, and intends to continue to reside, on those premises; and (ii) the accommodation provided in those premises is for no more than 3 persons other than a person referred to in subparagraph (i) or near relatives of such a person; or (b) accommodation provided by a religious body; or (c) accommodation provided by: (i) an entity registered under the Australian Charities and Not‑for‑profits Commission Act 2012; or (ii) a not‑for‑profit entity that is not an ACNC type of entity; solely for persons of one sex or solely for persons of one or more particular marital or relationship statuses. (3A) Paragraph (3)(b) does not apply to accommodation provided by a religious body in connection with the provision, by the body, of Commonwealth‑funded aged care.