Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend the law relating to sex discrimination in sport, and for related purposes
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Registered 11 Feb 2022
Introduced Senate 10 Feb 2022
Table of contents.

2019‑2022

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

Sex Discrimination and Other Legislation Amendment (Save Women’s Sport) Bill 2022

 

No.      , 2022

 

(Senator Chandler)

 

 

 

A Bill for an Act to amend the law relating to sex discrimination in sport, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedules............................................................................................ 1

Schedule 1—Amendments                                                                                                1

Australian Sports Commission Act 1989                                                                1

Sex Discrimination Act 1984                                                                                     1

 

 


A Bill for an Act to amend the law relating to sex discrimination in sport, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Sex Discrimination and Other Legislation Amendment (Save Women’s Sport) Act 2022.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments

  

Australian Sports Commission Act 1989

1  After paragraph 6(1)(b)

Insert:

                   (ba)  to promote participation in women’s sport, including by supporting the provision of single‑sex sport for women and girls;

2  After paragraph 7(1)(c)

Insert:

                    (ca)  to support and promote single‑sex sport for women;

Sex Discrimination Act 1984

3  Paragraph 3(b)

After “programs”, insert “, while supporting the provision of single‑sex sports, services and facilities which promote the welfare, safety or participation of women and girls”.

4  Subsection 4(1)

Insert:

man means a member of the male sex irrespective of age.

woman means a member of the female sex irrespective of age.

5  Subsection 42(1)

Repeal the subsection, substitute:

             (1)  Nothing in Division 1 or 2 renders it unlawful to exclude persons of one sex from participation in any sporting activity intended for persons of a different sex.

Note:          For the avoidance of doubt, in this Act sex has its ordinary meaning and, without limiting the ordinary meaning, means the chromosomal, gonadal and anatomical characteristics associated with biological sex.

          (1A)  A person who engages in conduct that is not unlawful because of subsection (1) is acting in accordance with the objects of this Act.

6  Paragraph 42(2)(c)

Omit “;”, substitute “.”.

7  Paragraphs 42(2)(d) and (e)

Repeal the paragraphs.