Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Anti-Discrimination Act 1977.
JOHN HATZISTERGOS MLCAttorney General
1 Name of Regulation
This Regulation is the Anti-Discrimination Regulation 2009.
2 Commencement
This Regulation commences on 1 September 2009.Note—This Regulation replaces the Anti-Discrimination Regulation 2004 which is repealed on 1 September 2009 by section 10 (2) of the Subordinate Legislation Act 1989.
3 Interpretation
(1) In this Regulation:the Act means the Anti-Discrimination Act 1977.(2) Notes included in this Regulation do not form part of this Regulation.
4 Lawful activities of registered clubs
(1) Pursuant to section 49ZYX of the Act, the provision, in good faith, of a benefit, including a concession, to a member of a registered club by reason of his or her age is declared to be lawful.(2) Without limiting subclause (1), a benefit, or concession, may comprise a lower membership fee than the membership fee that is paid by other members of the registered club.
5 Matters to be considered in relation to exemption orders
(1) The President, when exercising a function under section 126 of the Act in relation to a proposed exemption under that section, is to consider the following matters:(a) whether the proposed exemption is appropriate or reasonable,(b) whether the proposed exemption is necessary,(c) whether there are any non-discriminatory ways of achieving the objects or purposes for which the proposed exemption is sought,(d) whether the proponent of the proposed exemption has taken reasonable steps, or is able to take any reasonable steps, to avoid or reduce the adverse effect of a particular act or action before seeking the exemption,(e) the public, business, social or other community impact of the granting of the proposed exemption,(f) any conditions or limitations to be contained in the proposed exemption.(2) In this clause, a reference to a proposed exemption includes a reference to a proposed renewal, variation or revocation of an exemption.(3) Nothing in this clause limits the power of the President to consider any other matters when exercising functions under section 126 of the Act.
6 Savings
Any act, matter or thing that, immediately before the repeal of the Anti-Discrimination Regulation 2004, had effect under that Regulation continues to have effect under this Regulation.