Senator LUDWIG (5:55 PM) —In relation to removing the exemption on credit the opposition are not minded to support the Democrats' amendment on this point. We are informed by the committee's deliberations on this issue and although they are balanced they came to a view on this, although not a recommendation. They said:

Without circumstances which might inform the chamber as to why we should abandon the exemption, the opposition are minded not to support the proposal as put forward by Senator Greig. The effect of subclauses 37(1) to (3) is to provide an exemption in relation to types of insurance and membership to superannuation or providence funds or schemes. Subclauses 37(4) and 37(5) provide an exemption in relation to provisions of credit.

Under these exemptions the discrimination must be reasonably reliant actuarially or statistically on the data and the discrimination must be reasonable having regard to the data and other relevant factors. As Senator Greig pointed out, a couple of submitters were for the removal of the exemption. However the ALHR in the end did not support the exemption of credit provisions and asserted that this exemption would be covered by the proposed bona fide justification defence, which was also highlighted in the Senate report at paragraph 3.84. It was worth at least covering those bases as to why we came to the conclusion that we did.