49 Exception in relation to sport

(1)

Subject to subsection (2), nothing in section 44 shall prevent the exclusion of persons of one sex from participation in any competitive sporting activity in which the strength, stamina, or physique of competitors is relevant.

(2)

Subsection (1) does not apply in relation to the exclusion of persons from participation in—

(a)

the coaching of persons engaged in any sporting activity; or

(b)

the umpiring or refereeing of any sporting activity; or

(c)

the administration of any sporting activity; or

(d)

sporting activities by persons who have not attained the age of 12 years.

(3)

It shall not be a breach of section 44 to exclude any person from any competitive sporting event or activity if that person’s disability is such that there would be a risk of harm to that person or to others, including the risk of infecting others with an illness, if that person were to take part in that competitive sporting event or activity and it is not reasonable to take that risk.

(4)

It shall not be a breach of section 44 to conduct competitive sporting events or activities in which only persons with a particular disability or age qualification may take part.