Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts34. (1) Nothing in paragraph 10 (1) (a) or (b), 12 (1) (a) or (b), 13 (b) or 14 (1) (a) or (2) (a) renders it unlawful for a person to discriminate against another person on the ground of sex in connection with a position as an employee, commission agent, contract worker or partner, being a position in relation to which it is a genuine occupational qualification to be a person of the opposite sex to the sex of the other person.
(2) Without limiting the generality of subsection (1), it is a genuine occupational qualification, in relation to a particular position, to be a person of a particular sex (in this subsection called the “relevant sex”) if—
(a) the duties of the position can be performed only by a person having particular physical attributes (other than attributes of strength or stamina) that are not possessed by persons not of the relevant sex;
(b) the duties of the position involve performing in a dramatic performance or other entertainment in a role that, for reasons of authenticity, aesthetics or tradition is required to be performed by a person of the relevant sex;
(c) the duties of the position involve participating as an artist's or photographic model in the production of a work of art, visual image or sequence of visual images for which a person of the relevant sex is required for reasons of authenticity;
(d) the duties of the position need to be performed by a person of the relevant sex to preserve decency or privacy because they involve the fitting of clothing for persons of that sex;
(e) the duties of the position include the conduct of searches of the clothing or bodies of persons of the relevant sex;
(f) the occupant of the position is required to enter a lavatory ordinarily used by persons of the relevant sex while the lavatory is in use by persons of that sex;
(g) the occupant of the position is required to live on premises provided by the employer or principal and—
(i) the premises are not equipped with separate sleeping accommodation or sanitary facilities for persons of each sex;
(ii) the premises are already occupied by a person of the relevant sex and are not occupied by any person not of the relevant sex; and
(iii) it is not reasonable to expect the employer or principal to provide separate sleeping accommodation or sanitary facilities for persons of each sex;
(h) the occupant of the position is required to enter areas ordinarily used only by persons of the relevant sex while those persons are in a state of undress;
(i) the duties of the position involve providing persons of the relevant sex with services for the purpose of promoting their welfare where those services can most effectively be provided by a person of that sex; or
(j) the position is declared by the regulations to be a position in relation to which it is a genuine occupational qualification to be a person of a particular sex.