Part I Preliminary Section 7B 7B Indirect discrimination: reasonableness test (1) A person does not discriminate against another person by imposing, or proposing to impose, a condition, requirement or practice that has, or is likely to have, the disadvantaging effect mentioned in subsection 5(2), 5A(2), 5B(2), 5C(2), 6(2), 7(2) or 7AA(2) if the condition, requirement or practice is reasonable in the circumstances. (2) The matters to be taken into account in deciding whether a condition, requirement or practice is reasonable in the circumstances include: (a) the nature and extent of the disadvantage resulting from the imposition, or proposed imposition, of the condition, requirement or practice; and (b) the feasibility of overcoming or mitigating the disadvantage; and (c) whether the disadvantage is proportionate to the result sought by the person who imposes, or proposes to impose, the condition, requirement or practice. 7C Burden of proof In a proceeding under this Act, the burden of proving that an act does not constitute discrimination because of section 7B lies on the person who did the act. 7D Special measures intended to achieve equality (1) A person may take special measures for the purpose of achieving substantive equality between: (a) men and women; or (aa) people who have different sexual orientations; or (ab) people who have different gender identities; or (ac) people who are of intersex status and people who are not; or (b) people who have different marital or relationship statuses; or 20 Compilation No. 42 Sex Discrimination Act 1984 Compilation date: 11/09/2021 Authorised Version C2021C00420 registered 08/10/2021 Registered: 08/10/2021

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