Commonwealth Consolidated Acts

AGE DISCRIMINATION ACT 2004 - SECT 37

Superannuation and insurance

             (1)  Subsections (2) and (3) apply to the following:

                     (a)  an annuity;

                     (b)  a life insurance policy;

                     (c)  a policy of insurance against accident or any other policy of insurance;

                     (d)  membership of a superannuation or provident fund;

                     (e)  membership of a superannuation or provident scheme.

             (2)  This Part does not make it unlawful for a person to discriminate against another person, on the ground of the other person's age:

                     (a)  in respect of the terms or conditions on which the annuity, policy or membership is offered to, or may be obtained by, the other person; or

                     (b)  by refusing to offer the annuity, policy or membership to the other person;

if the condition in subsection (3) is satisfied.

             (3)  The condition is satisfied if:

                     (a)  the discrimination:

                              (i)  is based upon actuarial or statistical data on which it is reasonable for the first‑mentioned person to rely; and

                             (ii)  is reasonable having regard to the matter of the data and other relevant factors; or

Note:       The Commission and the President can require the disclosure of the source of the actuarial or statistical data (see section 54).

                     (b)  in a case where no such actuarial or statistical data is available and cannot reasonably be obtained--the discrimination is reasonable having regard to any other relevant factors.

Credit

             (4)  This Part does not make it unlawful for a person to discriminate against another person, on the ground of the other person's age:

                     (a)  in respect of the terms or conditions on which credit is provided to, or may be obtained by, the other person; or

                     (b)  by refusing to offer credit to the other person;

if the condition in subsection (5) is satisfied.

             (5)  The condition is satisfied if the discrimination:

                     (a)  is based upon actuarial or statistical data on which it is reasonable for the first‑mentioned person to rely; and

                     (b)  is reasonable having regard to the matter of the data.

Note:       The Commission and the President can require the disclosure of the source of the actuarial or statistical data (see section 54).