Prohibition of discrimination etc. Part II Exemptions Division 4 Section 41B (a) discrimination on the ground of a person’s sex is taken to be indirect if paragraph 5(1)(b) or (c) or subsection 5(2) applies to the discrimination; and (b) discrimination on the ground of a person’s marital or relationship status is taken to be indirect if paragraph 6(1)(b) or (c) or subsection 6(2) applies to the discrimination. (3) This section does not apply to a person in respect of a superannuation fund if subsection 41B(3) or (4) applies to that person. (4) In this section: member, in relation to a superannuation fund, includes a person who has been a member of the fund at any time. 41B Existing superannuation fund conditions (1) This section applies to a person (in this section called the member) if: (a) the person was a member of a superannuation fund immediately before the commencement of this section; and (b) unless the Commission has, under section 44, granted an exemption from the operation of this paragraph—before the commencement of this section, the person: (i) had been given an option to obtain non-discriminatory benefits; and (ii) had not exercised the option in accordance with subsection (5). (2) This section applies to a person (in this section also called the member) if: (a) at any time before the commencement of this section, the person became a member of a superannuation fund; and (b) at a later time before that commencement, the person ceased to be a member of the fund. Sex Discrimination Act 1984 Compilation No. 42 Compilation date: 11/09/2021 Authorised Version C2021C00420 registered 08/10/2021 59 Registered: 08/10/2021