Part II Prohibition of discrimination etc. Division 2 Discrimination in other areas Section 26 26 Administration of Commonwealth laws and programs It is unlawful for a person who performs any function or exercises any power under a Commonwealth law or for the purposes of a Commonwealth program, or has any other responsibility for the administration of a Commonwealth law or the conduct of a Commonwealth program, to discriminate against another person, on the ground of the other person’s sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, or breastfeeding, in the performance of that function, the exercise of that power or the fulfilment of that responsibility. 27 Requests for information (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, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, breastfeeding or family responsibilities; and (c) persons: (i) of a different sex; or (ia) who have a different sexual orientation; or (ib) who have a different gender identity; or (ic) who are not of intersex status; or (ii) who have a different marital or relationship status; or (iii) who are not pregnant or potentially pregnant; or (iv) who are not breastfeeding; or (v) without family responsibilities; 40 Compilation No. 42 Sex Discrimination Act 1984 Compilation date: 11/09/2021 Authorised Version C2021C00420 registered 08/10/2021 Registered: 08/10/2021