Prohibition of discrimination etc. Part II Exemptions Division 4 Section 30 Division 4—Exemptions 30 Certain discrimination on ground of sex not unlawful (1) Nothing in paragraph 14(1)(a) or (b), 15(1)(a) or (b) or 16(b) renders it unlawful for a person to discriminate against another person, on the ground of the other person’s sex, in connection with a position as an employee, commission agent or contract worker, being a position in relation to which it is a genuine occupational qualification to be a person of a different sex from 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 referred to as 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 of a different sex from 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 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; (d) the duties of the position include the conduct of searches of the clothing or bodies of persons of the relevant sex; (e) 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; (f) the occupant of the position is required to live on premises provided by the employer or principal of the occupant of the position and: Sex Discrimination Act 1984 Compilation No. 42 Compilation date: 11/09/2021 Authorised Version C2021C00420 registered 08/10/2021 49 Registered: 08/10/2021

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