New South Wales Consolidated Acts

ANTI-DISCRIMINATION ACT 1977 - SECT 49ZYS

49ZYS Superannuation

(1) Nothing in this Part renders unlawful discrimination against a person on the ground of age in the terms or conditions appertaining to a superannuation or provident fund or scheme if, subject to subsection (2), one or more of the following apply--

(a) the discrimination occurs because of the application of a standard in force under the Occupational Superannuation Standards Act 1987 , or a requirement under the Superannuation Industry (Supervision) Act 1993 , of the Commonwealth,

(b) the discrimination is required in order to comply with, or obtain a benefit of, or avoid a penalty under, any other Act of the Commonwealth,

(c) the discrimination is based on actuarial or statistical data from a source on which it is reasonable to rely,

(d) if there is no data of a kind referred to in paragraph (c), the discrimination is based on such other data as may be available and on which it is reasonable to rely,

(e) if none of the above apply, the discrimination is reasonable having regard to any other relevant factors,

(f) the discrimination is based on an existing condition and relates to a person who became a member of the fund or scheme before the commencement of this section or not more than 12 months after that commencement, or happens not more than 12 months after that commencement.

(2) An exemption under subsection (1) (c)-(e) is available only if the sources on which the data are based and those relevant factors (if any) are disclosed to the Tribunal, if the Tribunal so requires.

(3) This section has effect despite section 54 (1) (d).