Unlawful age discrimination Part 4 General exemptions Division 4 Section 38 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). 38 Superannuation legislation (1) This Part does not make unlawful anything done by a person in direct compliance with: (a) a Commonwealth Act (or a provision of a Commonwealth Act) relating to superannuation; or (b) a regulation or any other instrument (or a provision of a regulation or instrument) that: (i) relates to superannuation; and (ii) is made under a Commonwealth Act. (2) This Part does not make unlawful anything done by an exempt public sector superannuation scheme (within the meaning of the Superannuation Industry (Supervision) Act 1993) in accordance with an Act of the Commonwealth, a State or a Territory, or a trust deed, by or under which the scheme is established. Age Discrimination Act 2004 Compilation No. 46 Compilation date: 03/12/2021 Authorised Version C2021C00565 registered 10/12/2021 33 Registered: 10/12/2021