Section 41B — Sex Discrimination Act 1984: 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. (3) Nothing in Division 1 or 2 makes discrimination against the member unlawful if the discrimination: (a) is on the ground of the member’s sex, marital or relationship status or family responsibilities; and (b) is in the superannuation fund conditions. (4) Nothing in Division 1 or 2 makes discrimination against a person unlawful if: (a) the person derives, or would, apart from the discrimination, derive, benefits because the member is or was a member of the superannuation fund; and (b) the discrimination: (i) is on the ground of the sex, marital or relationship status or family responsibilities of the member or the person; and (ii) is in the superannuation fund conditions. (5) If the administrators of the fund required the member to exercise the option referred to in subsection (1) before the end of a particular period, subsection (1) does not apply unless that period was at least 2 months long and ended before the commencement of this section. (6) For the purposes of this section, the member is taken to obtain non-discriminatory benefits where, if section 41A applied to the member in respect of the fund, the superannuation fund conditions that relate to the benefits would not give rise to discrimination that is unlawful under Division 1 or 2.