Australian Capital Territory Numbered Acts

DISCRIMINATION ACT 1991 (NO. 81 OF 1991) - SECT 43

43. (1) Nothing in section 22 renders unlawful discrimination on the ground of race in relation to a club that has as its principal object the provision of benefits for persons of a specified race if those persons are described otherwise than—

(a)     by reference to colour; or

(b)     in a manner which has the effect of excluding some members of that race on the basis of colour.

(2) In determining whether the principal object of a club is as referred to in subsection (1), regard shall be had to—

(a)     the essential character of the club;

(b)     whether the persons primarily enjoying the benefits of membership are of the race specified in the principal object; and

(c)     any other relevant circumstance.

Division 4—Exceptions relating to religious or political convictions