EQUAL OPPORTUNITY ACT 2010 (NO. 16 OF 2010) - SECT 79 Superannuation—new fund conditions after 1 January 1996

EQUAL OPPORTUNITY ACT 2010 (NO. 16 OF 2010) - SECT 79

    (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 (Self Managed Superannuation Funds) 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—

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

              (ii)     reasonable having regard to that data and any other relevant factors; or

        (d)     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.

    (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; or

        (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; or

        (c)     on the basis of age, by imposing conditions in relation to a superannuation fund if the discrimination is permitted under the Age Discrimination Act 2004 of the Commonwealth.