Australian Capital Territory Consolidated Acts

DISCRIMINATION ACT 1991 - SECT 29

    (1)     Part 3 does not make it unlawful for a person to discriminate against another person in the terms or conditions relating to a superannuation or provident fund or scheme.

    (2)     For discrimination on the ground of age, subsection (1) applies only if—

        (a)     the discrimination is due to the application of a standard in force under the Superannuation Industry (Supervision) Act 1993 (Cwlth); or

        (b)     the discrimination is for the purpose of—

              (i)     complying with; or

              (ii)     avoiding a penalty under; or

              (iii)     obtaining a benefit under;

any other Act of the Commonwealth; or

        (c)     the discrimination is—

              (i)     based on actuarial or statistical data on which it is reasonable to rely; and

              (ii)     reasonable having regard to the data and any other relevant factors; or

        (d)     if there are no actuarial or statistical data on which it is reasonable to rely—the discrimination is—

              (i)     based on other data on which it is reasonable to rely; and

              (ii)     reasonable having regard to that data and any other relevant factors; or

        (e)     if there are no data at all on which it is reasonable to rely—the discrimination is reasonable having regard to any other relevant factors.

    (3)     Subsection (2) applies in relation to a new superannuation fund condition irrespective of—

        (a)     whether the fund was in existence immediately before 4 March 1994; and

        (b)     when the person to whom the discrimination relates became a member of the fund.

    (4)     Subsection (2) does not apply in relation to an existing superannuation fund condition if the person to whom the discrimination relates became a member of the fund before, or not later than 12 months after, 4 March 1994.

    (5)     In this section:

"existing superannuation fund condition" means a superannuation fund condition in existence immediately before 4 March 1994.

"new superannuation fund condition" means—

        (a)     a superannuation fund condition that came into existence on or after 4 March 1994; or

        (b)     an alteration made on or after 4 March 1994 to an existing superannuation fund condition.