Commonwealth Consolidated Acts

DISABILITY DISCRIMINATION ACT 1992 - SECT 46

  (1)   This Part does not render it unlawful for a person to discriminate against another person, on the ground of the other person's disability, by refusing to offer the other person:

  (a)   an annuity; or

  (b)   a life insurance policy; or

  (c)   a policy of insurance against accident or any other policy of insurance; or

  (d)   membership of a superannuation or provident fund; or

  (e)   membership of a superannuation or provident scheme;

if:

  (f)   the discrimination:

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

  (ii)   is reasonable having regard to the matter of the data and other relevant factors; or

  (g)   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)   This Part does not render it unlawful for a person to discriminate against another person, on the ground of the other person's disability, in respect of the terms or conditions on which:

  (a)   an annuity; or

  (b)   a life insurance policy; or

  (c)   a policy of insurance against accident or any other policy of insurance; or

  (d)   membership of a superannuation or provident fund; or

  (e)   membership of a superannuation or provident scheme;

is offered to, or may be obtained by, the other person, if:

  (f)   the discrimination:

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

  (ii)   is reasonable having regard to the matter of the data and other relevant factors; or

  (g)   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.