Title: Equal Opportunity (Sporting Competitions) AmendmentBill 2013
Author: Office of Parliamentary Counsel
Category: royal.arms.unofficial
Document comments: lc171

House of Assembly
As passed all stages and awaiting assent.
This is an unofficial copy and is subject to correction.

Equal Opportunity (Sporting Competitions) Amendment Bill 2013

Equal Opportunity (Sporting Competitions) Amendment Bill 2013
Part 1—Preliminary

Equal Opportunity (Sporting Competitions) Amendment Bill 2013
Preliminary—Part 1

Equal Opportunity (Sporting Competitions) Amendment Bill 2013
Part 2—Amendment of Equal Opportunity Act 1984

Equal Opportunity (Sporting Competitions) Amendment Bill 2013
Amendment of Equal Opportunity Act 1984—Part 2

South Australia
Equal Opportunity (Sporting Competitions) Amendment Bill 2013
A Bill For
An Act to amend the Equal Opportunity Act 1984.

Contents
Part 1—Preliminary
1	Short title
2	Amendment provisions
Part 2—Amendment of Equal Opportunity Act 1984
3	Substitution of section 48
48	Sport

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Equal Opportunity (Sporting Competitions) Amendment Act 2013.
2—Amendment provisions
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Equal Opportunity Act 1984
3—Substitution of section 48
Section 48—delete section 48 and substitute:
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 the 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.

Unofficial copy