26Unnecessary information

26 Unnecessary information (1) A person shall not ask another person, whether orally or in writing, to supply information on which unlawful discrimination might be based. (2) Subsection (1) does not apply to a request that is necessary to comply with, or is specifically authorised by: (a) a law of the Territory or the Commonwealth; or (b) an order of a court or tribunal; or (c) a provision of an order or award of a court or tribunal having power to fix minimum wages and other terms of employment; or (d) a provision of an industrial agreement; or (e) an order of the Commissioner. (3) Subsection (1) does not apply if the person proves, on the balance of probabilities, that the information was reasonably required for a purpose that did not involve discrimination.