Document ID: chunk:federal_register_of_legislation:C2004A01186:clause:1_2
Version: federal_register_of_legislation:C2004A01186
Segment Type: clause
Provision Reference: sch 1 cl 2
Character Range: 2294–3706

2  Subsection 27(1)
Repeal the subsection, substitute:

 (1) It is unlawful for a person (the first person) to request or require another person (the other person) to provide information (whether by way of completing a form or otherwise) if:
 (a) the information is requested or required in connection with, or for the purposes of, the first person doing a particular act; and
 (b) under Division 1 or this Division, it would be unlawful in particular circumstances for the first person, in doing that act, to discriminate against the other person on the ground of the other person's sex, marital status, pregnancy or potential pregnancy; and
 (c) persons:
 (i) of the opposite sex; or
 (ii) of a different marital status; or
 (iii) who are not pregnant or potentially pregnant;
  as the case requires, would not be requested or required to provide the information in circumstances that are the same or not materially different.

Example: Under section 14 of Division 1, it is unlawful to determine not to offer employment to a woman because she is pregnant or might become pregnant. Under this section, it is therefore also unlawful to ask a woman during a job interview whether she is pregnant or intends to become pregnant if that information is requested in connection with determining whether to offer her employment.

Note: The heading to section 27 is replaced by the heading "Requests for information".