Part II Prohibition of discrimination etc.
Division 4 Exemptions
Section 41
with a law of the Commonwealth, or of a State or Territory, that is
prescribed by the regulations for the purpose of this subsection.
(3) Nothing in Division 1 or 2, as applying by reference to section 6,
affects anything done by a person in direct compliance with any
regulations, rules, by-laws, determinations or directions made
under the Gift Duty Assessment Act 1941, the Income Tax
Assessment Act 1936 or the Sales Tax (Exemptions and
Classifications) Act 1935.
(4) Nothing in Division 1 or 2, as applying by reference to section 6,
affects anything done by a person for the purposes of the
administration of the AUSTUDY scheme or the ABSTUDY
scheme.
(6) Nothing in Division 1 or 2 affects anything done by a person in
compliance with a provision of a law of the Commonwealth, of a
State or of a Territory, being a provision that is included for the
purpose referred to in subsection 7D(1).
Note:
See also subsection 98(6A) of the Civil Aviation Act 1988, which
allows regulations made under that Act to contain provisions relating
to medical standards that are inconsistent with this Act if the
inconsistency is necessary for the safety of air navigation.
41 Insurance
(1) Nothing in Division 1 or 2 makes discrimination by one person (in
this subsection called the insurer) against another person (in this
subsection called the client) unlawful if:
(a) the discrimination is on the ground of the client’s sex; and
(b) the discrimination is in the terms on which an insurance
policy is offered to, or may be obtained by, the client; and
(c) the discrimination is based on actuarial or statistical data
from a source on which it is reasonable for the insurer to rely;
and
(d) the discrimination is reasonable having regard to the data;
and
56
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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