(1) Nothing in this Part renders unlawful discrimination against a person on
the ground of age in the terms or conditions appertaining to a superannuation
or provident fund or scheme if, subject to subsection (2), one or more of the
following apply--
(b) the discrimination is required in order to comply
with, or obtain a benefit of, or avoid a penalty under, any other Act of the
Commonwealth,
(c) the discrimination is based on actuarial or statistical
data from a source on which it is reasonable to rely,
(d) if there is no data
of a kind referred to in paragraph (c), the discrimination is based on such
other data as may be available and on which it is reasonable to rely,
(e) if
none of the above apply, the discrimination is reasonable having regard to any
other relevant factors,
(f) the discrimination is based on an existing
condition and relates to a person who became a member of the fund or scheme
before the commencement of this section or not more than 12 months after that
commencement, or happens not more than 12 months after that commencement.
(2)
An exemption under subsection (1) (c)-(e) is available only if the sources on
which the data are based and those relevant factors (if any) are disclosed to
the Tribunal, if the Tribunal so requires.
(3) This section has effect
despite section 54 (1) (d).
