Section 46 — Disability Discrimination Act 1992: Superannuation and insurance

(1) This Part does not render it unlawful for a person to discriminate against another person, on the ground of the other person’s disability, by refusing to offer the other person: (a) an annuity; or (b) a life insurance policy; or (c) a policy of insurance against accident or any other policy of insurance; or (d) membership of a superannuation or provident fund; or (e) membership of a superannuation or provident scheme; if: (f) 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 (g) 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. (2) This Part does not render it unlawful for a person to discriminate against another person, on the ground of the other person’s disability, in respect of the terms or conditions on which: (a) an annuity; or (b) a life insurance policy; or (c) a policy of insurance against accident or any other policy of insurance; or (d) membership of a superannuation or provident fund; or (e) membership of a superannuation or provident scheme; is offered to, or may be obtained by, the other person, if: (f) 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 (g) 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.