Victorian Consolidated Legislation

Equal Opportunity Act 1995 - SECT 73

Superannuation-new fund conditions

73. Superannuation-new fund conditions



(1) A person may discriminate against another person on the basis of age by
imposing conditions in relation to a superannuation fund if-

   (a)  the discrimination occurs in the application of prescribed standards
        under the Superannuation Entities (Taxation) Act 1987 or
        Superannuation Industry (Supervision) Act 1993 of the Commonwealth; or

   (b)  the discrimination is required to comply with, obtain benefits, or
        avoid penalties under any other Commonwealth Act; or

   (c)  the discrimination is based on-

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

   (ii) if there is no such data, on other data on which it is reasonable to
        rely-

and is reasonable having regard to that data and any other relevant factors;
or

   (d)  if none of the above paragraphs applies, the discrimination is
        reasonable having regard to any relevant factors.





(2) A person may discriminate against another person-

   (a)  on the basis of sex or marital status, by imposing conditions in
        relation to a superannuation fund if the discrimination is permitted
        under the Sex Discrimination Act 1984 of the Commonwealth;

   (b)  on the basis of impairment, by imposing conditions in relation to a
        superannuation fund if the discrimination is permitted under the
        Disability Discrimination Act 1992 of the Commonwealth.