1 Name of Regulation
This Regulation is the Anti-Discrimination Regulation 2019.
2 Commencement
This Regulation commences on the day on which it is published on the NSW legislation website.Note—This Regulation repeals and replaces the Anti-Discrimination Regulation 2014, which would otherwise be repealed on 1 September 2019 by section 10(2) of the Subordinate Legislation Act 1989.
3 Definition
(1) In this Regulation—the Act means the Anti-Discrimination Act 1977.Note—The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.(2) Notes included in this Regulation do not form part of this Regulation.
4 Lawful activities of registered clubs
(1) For the purposes of section 49ZYX of the Act, the provision, in good faith, of a benefit, including a concession, to a member of a registered club by reason of the member’s age is declared to be lawful.(2) Without limiting subclause (1), a benefit or concession may comprise a lower membership fee than the membership fee that is paid by other members of the registered club.
5 Use of email to lodge complaints
For the purposes of section 89A(2)(c) of the Act, a complaint may be lodged with the President by email to an email address specified on the Board’s website.
6 Matters to be considered in relation to exemption orders
(1) The President, when exercising a function under section 126 of the Act in relation to a proposed exemption under that section, is to consider the following matters—(a) whether the proposed exemption is appropriate or reasonable,(b) whether the proposed exemption is necessary,(c) whether there are any non-discriminatory ways of achieving the objects or purposes for which the proposed exemption is sought,(d) whether the proponent of the proposed exemption has taken reasonable steps, or is able to take any reasonable steps, to avoid or reduce the adverse effect of a particular act or action before seeking the exemption,(e) the public, business, social or other community impact of the granting of the proposed exemption,(f) any conditions or limitations to be contained in the proposed exemption.(2) In this clause, proposed exemption includes a proposed renewal, variation or revocation of an exemption.(3) Nothing in this clause limits the power of the President to consider any other matters when exercising functions under section 126 of the Act.
7 Repeal and savings
(1) The Anti-Discrimination Regulation 2014 is repealed.(2) Any act, matter or thing that, immediately before the repeal of the Anti-Discrimination Regulation 2014, had effect under that Regulation continues to have effect under this Regulation.