Commonwealth Consolidated Acts

AGE DISCRIMINATION ACT 2004 - SECT 37

Superannuation and insurance

  (1)   Subsections   (2) and (3) apply to the following:

  (a)   an annuity;

  (b)   a life insurance policy;

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

  (d)   membership of a superannuation or provident fund;

  (e)   membership of a superannuation or provident scheme.

  (2)   This Part   does not make it unlawful for a person to discriminate against another person, on the ground of the other person's age:

  (a)   in respect of the terms or conditions on which the annuity, policy or membership is offered to, or may be obtained by, the other person; or

  (b)   by refusing to offer the annuity, policy or membership to the other person;

if the condition in subsection   (3) is satisfied.

  (3)   The condition is satisfied if:

  (a)   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

Note:   The Commission and the President can require the disclosure of the source of the actuarial or statistical data (see section   54).

  (b)   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.

Credit

  (4)   This Part   does not make it unlawful for a person to discriminate against another person, on the ground of the other person's age:

  (a)   in respect of the terms or conditions on which credit is provided to, or may be obtained by, the other person; or

  (b)   by refusing to offer credit to the other person;

if the condition in subsection   (5) is satisfied.

  (5)   The condition is satisfied if the discrimination:

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

  (b)   is reasonable having regard to the matter of the data.

Note:   The Commission and the President can require the disclosure of the source of the actuarial or statistical data (see section   54).