Section 97 — Human Rights Act 1993: Power in respect of exception for genuine occupational qualification or genuine justification

97 Power in respect of exception for genuine occupational qualification or genuine justification (1) The Tribunal may exercise the power referred to in subsection (2) , but only— (a) in respect of a matter in which it has jurisdiction under this Act to make a final determination; and (b) on an application by the Commission, a person or persons against whom a complaint under section 76(2)(a) has been made, or a person who is the subject of an inquiry under section 5(2)(h) . (2) The power is to declare that an act, omission, practice, requirement, or condition that would otherwise be unlawful under Part 2 is not unlawful because it constitutes either or both— (a) a genuine occupational qualification, in respect of sections 22 to 41 : (b) a genuine justification, in respect of sections 42 to 60 . Section 97 was substituted, as from 1 January 2002, by section 14 Human Rights Amendment Act 2001 (2001 No 96).