Exemptions
49 Exemptions
A person may discriminate against a person with respect to a matter that is otherwise prohibited under this Division if one or more of the following is applicable:
the discrimination happens because of the application of a standard in force under the Superannuation Industry (Supervision)
Act 1993 (Cth);
the discrimination is permitted under the Sex Discrimination
Act 1984 of the Commonwealth;
the discrimination happens in order to comply with or obtain the benefits of, or to avoid penalties under, any other Act of the
Commonwealth;
the discrimination is based on reasonable actuarial or statistical data from a source on which it is reasonable to rely and the discrimination is reasonable having regard to that data and other relevant factors;
if there is no reasonable actuarial or statistical data on which it is reasonable to rely, the discrimination is based on other data on which it is reasonable to rely and the discrimination is reasonable having regard to the data and any other relevant factors;
if there is no reasonable actuarial, statistical or other data on which it is reasonable to rely, the discrimination is reasonable having regard to any other relevant factors.
A person may discriminate in the area of superannuation to the extent that the discrimination is based on an existing superannuation fund condition and relates to a person who became a member of the fund before the commencement of this Act or not more than 12 months after that commencement.
In this section, existing superannuation fund condition means a superannuation fund condition in existence at the commencement of this Act.
This Act’s bill:Second reading speech
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