Superannuation schemes and provident funds
35AR Superannuation schemes and provident funds
It is unlawful for a person who provides a superannuation scheme or provident fund to discriminate against a gender reassigned person on gender history grounds —
by providing a scheme or fund that discriminates, or requires or authorises discrimination, against that other person or that would, if the person were to become a member of the scheme or fund, discriminate, or require or authorise discrimination, against that person; or
in the manner in which the first‑mentioned person administers the scheme or fund,
except to the extent that —
the discrimination —
is based upon actuarial or statistical data from a source upon which it is reasonable to rely or where there is no such data, on such other data as may be available; and
is reasonable having regard to the data, if any, and other relevant factors;
or
where no such actuarial or statistical data is available, the discrimination is reasonable having regard to any other relevant factors.
[Section 35AR inserted: No. 2 of 2000 s. 28.]
Part IIA — Discrimination on the ground of family responsibility or family status
[Heading inserted: No. 74 of 1992 s. 11.]
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