25Clubs

#### 25 Clubs (1) It is unlawful for a club, the committee of management of a club or a member of the committee of management of a club to discriminate against a person who is not a member of the club on the ground of the person’s sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, or breastfeeding: (a) by refusing or failing to accept the person’s application for membership; or (b) in the terms or conditions on which the club is prepared to admit the person to membership. (2) It is unlawful for a club, the committee of management of a club or a member of the committee of management of a club to discriminate against a person who is a member of the club on the ground of the member’s sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, or breastfeeding: (a) in the terms or conditions of membership that are afforded to the member; (b) by refusing or failing to accept the member’s application for a particular class or type of membership; (c) by denying the member access, or limiting the member’s access, to any benefit provided by the club; (d) by depriving the member of membership or varying the terms of membership; or (e) by subjecting the member to any other detriment. (3) Nothing in subsection (1) or (2) renders it unlawful to discriminate against a person on the ground of the person’s sex if membership of the club is available to persons of a different sex only. (4) Nothing in subsection (1), other than paragraph (1)(a), or subsection (2) renders it unlawful to discriminate against a person on the ground of the person’s sex if the discrimination occurs in relation to the use or enjoyment of any benefit provided by the club where: (a) it is not practicable for the benefit to be used or enjoyed: (i) simultaneously; or (ii) to the same extent; by both men and women; and (b) either: (i) the same, or an equivalent, benefit is provided for the use of men and women separately from each other; or (ii) men and women are each entitled to a fair and reasonable proportion of the use and enjoyment of the benefit. (5) In determining any matter relating to the application of subsection (4), regard shall be had to: (a) the purposes for which the club is established; (b) the membership of the club, including any class or type of membership; (c) the nature of the benefits provided by the club; (d) the opportunities for the use and enjoyment of those benefits by men and women; and (e) any other relevant circumstances.