Part II Prohibition of discrimination etc. Division 4 Exemptions Section 41A (B) is reasonable having regard to those data and any other relevant factors; (ii) in the case of a member who has no spouse or de facto partner or has no child—the superannuation fund conditions: (A) do not provide for superannuation benefits in the event of the member’s death; or (B) provide for less generous superannuation benefits in the event of the member’s death; or (C) do not provide for superannuation benefits to someone other than the member in the event of the member’s physical or mental incapacity; or (D) provide for less generous superannuation benefits to someone other than the member in the event of the member’s physical or mental incapacity; (iii) the superannuation fund conditions include a provision that relates to: (A) the vesting in members or other persons of benefits arising directly or indirectly from amounts contributed to the fund; or (B) the preservation of benefits arising directly or indirectly from amounts contributed to the fund; or (C) the portability of benefits arising directly or indirectly from amounts contributed to another superannuation fund; if the inclusion of that provision results in only indirect discrimination against the aggrieved person on the ground of that person’s sex, marital or relationship status or family responsibilities; (iv) the superannuation fund conditions include a provision that confers particular benefits, or more generous benefits, only on a person to whom subsection 41B(3) or (4) applies. (2) For the purposes of this section: 58 Compilation No. 42 Sex Discrimination Act 1984 Compilation date: 11/09/2021 Authorised Version C2021C00420 registered 08/10/2021 Registered: 08/10/2021

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