Australian Capital Territory Numbered Acts

DISCRIMINATION (AMENDMENT) ACT 1994 (NO. 1 OF 1994) - SECT 6

6. Section 29 of the Principal Act is amended by adding at the end the following subsections:

“(2) In the case of discrimination on the ground of age, subsection (1) only applies where—

        (a)     the discrimination is due to the application of a standard in force under the Occupational Superannuation Standards Act 1987 of the Commonwealth;

        (b)     the discrimination is for the purpose of—

              (i)     complying with;

              (ii)     avoiding a penalty under; or

              (iii)     obtaining a benefit under;

any other Act of the Commonwealth;

        (c)     the discrimination is—

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

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

        (d)     if there are no actuarial or statistical data on which it is reasonable to rely—the discrimination is—

              (i)     based on other data on which it is reasonable to rely; and

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

        (e)     if there are no data at all on which it is reasonable to rely—the discrimination is reasonable having regard to any other relevant factors.

“(3) Subsection (2) applies in relation to a new superannuation fund condition irrespective of—

        (a)     whether the fund was in existence immediately before the commencement date; and

        (b)     when the person to whom the discrimination relates became a member of the fund.

“(4) Subsection (2) does not apply in relation to an existing superannuation fund condition where the person to whom the discrimination relates became a member of the fund before, or not later than 12 months after, the commencement date.

“(5) In this section—