Western Australian Current Acts

EQUAL OPPORTUNITY ACT 1984 - SECT 66ZL

66ZL .         Superannuation schemes and provident funds

        (1)         It is unlawful for a person who provides a superannuation scheme or provident fund to discriminate against another person on the ground of the other person’s age —

            (a)         by providing a scheme or fund that discriminates, or requires or authorises discrimination, against the other person or that would, if the other person were to become a member of that scheme or fund, discriminate, or require or authorise discrimination, against that person; or

            (b)         in the manner in which the first-mentioned person administers the scheme or fund,

                except to the extent that —

            (c)         the discrimination —

                  (i)         happens because of the application of a standard in force under the Superannuation Industry (Supervision) Act 1993 of the Commonwealth; or

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

                or

            (d)         the discrimination —

                  (i)         is based upon actuarial or statistical data from a source upon which it is reasonable to rely or, if there is no such data, on such other data as may be available; and

                  (ii)         is reasonable having regard to the data referred to in subparagraph (i), if any, and other relevant factors;

                or

            (e)         if paragraph (c) does not apply and no data referred to in paragraph (d)(i) is available, the discrimination is reasonable having regard to any other relevant factors; or

            (f)         the discrimination is based on an existing condition and —

                  (i)         happens not more than 12 months after the commencement of the amending section; or

                  (ii)         relates to a person who became a member of the scheme or fund before the commencement of the amending section or not more than 12 months after that commencement.

        (2)         In subsection (1)(f) and this subsection —

        amending section means section 19 of the Equal Opportunity Amendment Act 1992 ;

        existing condition means a superannuation scheme or provident fund condition in existence at the commencement of the amending section.

        [Section 66ZL inserted: No. 74 of 1992 s. 19; amended: No. 42 of 1997 s. 4.]

        [Heading inserted: No. 74 of 1992 s. 19.]