Part II Prohibition of discrimination etc. Division 4 Exemptions Section 42 (3) Nothing in Division 1 or 2 makes discrimination against the member unlawful if the discrimination: (a) is on the ground of the member’s sex, marital or relationship status or family responsibilities; and (b) is in the superannuation fund conditions. (4) Nothing in Division 1 or 2 makes discrimination against a person unlawful if: (a) the person derives, or would, apart from the discrimination, derive, benefits because the member is or was a member of the superannuation fund; and (b) the discrimination: (i) is on the ground of the sex, marital or relationship status or family responsibilities of the member or the person; and (ii) is in the superannuation fund conditions. (5) If the administrators of the fund required the member to exercise the option referred to in subsection (1) before the end of a particular period, subsection (1) does not apply unless that period was at least 2 months long and ended before the commencement of this section. (6) For the purposes of this section, the member is taken to obtain non-discriminatory benefits where, if section 41A applied to the member in respect of the fund, the superannuation fund conditions that relate to the benefits would not give rise to discrimination that is unlawful under Division 1 or 2. 42 Sport (1) Nothing in Division 1 or 2 renders it unlawful to discriminate on the ground of sex, gender identity or intersex status by excluding persons from participation in any competitive sporting activity in which the strength, stamina or physique of competitors is relevant. (2) Subsection (1) does not apply in relation to the exclusion of persons from participation in: 60 Compilation No. 42 Sex Discrimination Act 1984 Compilation date: 11/09/2021 Authorised Version C2021C00420 registered 08/10/2021 Registered: 08/10/2021