Section 37 — Age Discrimination Act 2004: Superannuation, insurance and credit—actuarial data etc.

Superannuation and insurance (1) Subsections (2) and (3) apply to the following: (a) an annuity; (b) a life insurance policy; (c) a policy of insurance against accident or any other policy of insurance; (d) membership of a superannuation or provident fund; (e) membership of a superannuation or provident scheme. (2) 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 the annuity, policy or membership is offered to, or may be obtained by, the other person; or (b) by refusing to offer the annuity, policy or membership to the other person; if the condition in subsection (3) is satisfied. (3) The condition is satisfied if: (a) the discrimination: (i) is based upon actuarial or statistical data on which it is reasonable for the first-mentioned person to rely; and (ii) is reasonable having regard to the matter of the data and other relevant factors; or Note: The Commission and the President can require the disclosure of the source of the actuarial or statistical data (see section 54). (b) in a case where no such actuarial or statistical data is available and cannot reasonably be obtained—the discrimination is reasonable having regard to any other relevant factors. 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).