Northern Territory Consolidated Acts

ANTI-DISCRIMINATION ACT - SECT 49

(1) A person may discriminate against a person with respect to a matter that is otherwise prohibited under this Division if one or more of the following is applicable -

(a) the discrimination happens because of the application of a standard in force under the Occupational Superannuation Standards Act 1987 of the Commonwealth;

(b) the discrimination is permitted under the Sex Discrimination Act 1984 of the Commonwealth;

(c) the discrimination happens in order to comply with or obtain the benefits of, or to avoid penalties under, any other Act of the Commonwealth;

(d) the discrimination is based on reasonable actuarial or statistical data from a source on which it is reasonable to rely and the discrimination is reasonable having regard to that data and other relevant factors;

(e) if there is no reasonable actuarial or statistical data on which it is reasonable to rely, the discrimination is based on other data on which it is reasonable to rely and the discrimination is reasonable having regard to the data and any other relevant factors;

(f) if there is no reasonable actuarial, statistical or other data on which it is reasonable to rely, the discrimination is reasonable having regard to any other relevant factors.

(2) A person may discriminate in the area of superannuation to the extent that the discrimination is based on an existing superannuation fund condition and relates to a person who became a member of the fund before the commencement of this Act or not more than 12 months after that commencement.

(3) In this section, "existing superannuation fund condition" means a superannuation fund condition in existence at the commencement of this Act.