Commonwealth Numbered Acts

DISABILITY DISCRIMINATION ACT 1992 No. 135 of 1992 - SECT 46

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.