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SEX DISCRIMINATION ACT 1984 No. 4, 1984 - SECT 41 Superannuation and insurance

SEX DISCRIMINATION ACT 1984 No. 4, 1984 - SECT 41

Superannuation and insurance

41. (1) Nothing in Division 1 or 2 renders it unlawful for a person to
discriminate against another person, on the ground of the other person's sex
or marital status, in the terms or conditions appertaining to a superannuation
or provident fund or scheme.

(2) Sub-section (1) may be repealed by a regulation, and such a regulation
shall come into operation-

   (a)  on a date specified in the regulation, being a date not earlier than
        12 months after the making of the regulation; or

   (b)  at the expiration of the period of 2 years immediately after the
        commencement of this Act, whichever is later.

(3) Where a regulation made under sub-section (2) comes into operation,
sub-section (1) shall thereupon be deemed for all purposes to have been
repealed by an Act other than this Act.

(4) Nothing in Division 1 or 2 renders it unlawful for a person to
discriminate against another person, on the ground of the other person's sex,
with respect to the terms on which an annuity, a life assurance policy, a
policy of insurance against accident or any other policy of insurance is
offered to, or may be obtained by, the other person, where the discrimination
is-

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

   (b)  reasonable having regard to the matter of the data and any other
        relevant factors.