Document ID: chunk:federal_register_of_legislation:C2024C00630:section:5b
Version: federal_register_of_legislation:C2024C00630
Segment Type: section
Provision Reference: s 5B
Character Range: 29569–30787

5B  Discrimination on the ground of gender identity
 (1) For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the aggrieved person's gender identity if, by reason of:
 (a) the aggrieved person's gender identity; or
 (b) a characteristic that appertains generally to persons who have the same gender identity as the aggrieved person; or
 (c) a characteristic that is generally imputed to persons who have the same gender identity as the aggrieved person;
the discriminator treats the aggrieved person less favourably than, in circumstances that are the same or are not materially different, the discriminator treats or would treat a person who has a different gender identity.
 (2) For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the aggrieved person's gender identity if the discriminator imposes, or proposes to impose, a condition, requirement or practice that has, or is likely to have, the effect of disadvantaging persons who have the same gender identity as the aggrieved person.
 (3) This section has effect subject to sections 7B and 7D.