Anti-Discrimination Regulation 2004 (NSW)

1Name of Regulation

This Regulation is the Anti-Discrimination Regulation 2004.

2Commencement

This Regulation commences on 1 September 2004.

Note—

This Regulation replaces the Anti-Discrimination Regulation 1999 which is repealed on 1 September 2004 by section 10 (2) of the Subordinate Legislation Act 1989.

3Definition and notes(1)

In this Regulation, the Act means the Anti-Discrimination Act 1977.

(2)

Notes in the text of this Regulation do not form part of this Regulation.

4Lawful 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.

5Matters to be considered in relation to exemption orders(1)

The President, when exercising a function under section 126 in relation to a proposed exemption under that section, are 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 the President’s functions under section 126 of the Act.