Section 38 — Age Discrimination Act 2004: 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.