Commonwealth of Australia Explanatory Memoranda

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PREGNANCY COUNSELLING (TRUTH IN ADVERTISING) BILL 2006 [2008]

                     2004-2005-2006




 THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                       SENATE




PREGNANCY COUNSELLING (TRUTH IN ADVERTISING) BILL 2006




             EXPLANATORY MEMORANDUM
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PREGNANCY COUNSELLING (TRUTH IN ADVERTISING) BILL 2006


GENERAL OUTLINE

This bill prohibits misleading and deceptive advertising and notification of pregnancy
counselling services which do not charge for the information they provide. Such
services are currently not covered by the Trade Practices Act 1974 because they
usually do not charge for the information they provide.

It subjects pregnancy counselling organisations to the same misleading and deceptive
advertising laws to which organisations covered by the Trade Practices Act 1974 are
subject.

It would require services which do not provide referrals for terminations of pregnancy
to declare this in their advertising and notification material, and services which do
provide referrals for terminations to state that they refer for all options.


FINANCIAL IMPACT

The amendments in this Bill have no financial impact on Government revenue.


NOTES ON CLAUSES

PART 1 - PRELIMINARY

Clause 1 Short title

This clause provides for the Act, when it is enacted, to be cited as the Pregnancy
Counselling (Truth in Advertising) Act 2006.

Clause 2 Commencement

This clause provides for the commencement of the Act on the day on which it
receives the Royal Assent.

Clause 3 Definitions

This clause provides for definitions for non-directive pregnancy counselling service,
pregnancy counselling service, and termination of pregnancy.

Clause 4 Objects

This clause states that the objects of this Bill principally are to prohibit misleading
and deceptive advertising of pregnancy counselling services; promote transparency
and full choice in the notification and advertising of pregnancy counselling services;
improve public health; and minimise the difficulties associated with obtaining advice
in relation to an unplanned pregnancy.
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PART 2 - MISLEADING ADVERTISING AND NOTIFICATION

Clause 5 Misleading advertising or notification of pregnancy counselling services

This clause states that pregnancy counselling services (whether the information is
provided in person or over the telephone) must not publish, distribute, display or
broadcast, by internet, television, telephone, radio or like service, or by post, any
material that is misleading or deceptive, or likely to mislead or deceive.

It states that it is a defence if it is proved that those involved took no part in
determining the content of the material, and could not reasonably be expected to have
known that the material was inaccurate or misleading.

It states that this section applies whether the service is provided free of charge or for a
fee.

The penalties for breaching this clause are set at a maximum of 2,000 penalty units
for an individual, and a maximum of 10,000 penalty units for a body corporate.

Clause 6 Requirements for advertising or notification of pregnancy counselling
services

This clause requires that all pregnancy counselling services which do not provide
referrals for terminations of pregnancy must include in any advertising or notification
material a statement that "This service does not provide referrals for terminations of
pregnancy" or a like statement.

It also requires that all pregnancy counselling services which provide referrals for
terminations of pregnancy, adoption services and services to assist women who
choose to continue their pregnancy, must include in any advertising or notification
material a statement that "This service does provide referrals for all pregnancy
options" or a like statement.

The penalties for breaching this clause are set at a maximum of 2,000 penalty units
for an individual, and a maximum of 10,000 penalty units for a body corporate.

Clause 7 Grant of Commonwealth financial assistance not payable where a
pregnancy counselling service engages in misleading or deceptive conduct

This clause states that a grant of Commonwealth financial assistance is not payable
for the duration of a pregnancy counselling organisation's engagement in misleading
conduct.

Clause 8 Minister to report annually on payments to and performance of
pregnancy counselling services

This clause states that where a payment or a grant of financial assistance is made by
the Commonwealth - either to a State where the payment is made to a pregnancy
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counselling service, or directly to the service provider, the Minister must report
annually on:
   - the amount of each payment to each State and each pregnancy counselling
       service provider; and
   - the name of each service provider receiving a payment; and
   - the policy that each service provider advocates (ie whether it is a non-directive
       service which provides referrals for all pregnancy options or a service which
       does not provide referrals for terminations of pregnancy).

Clause 9 Disclosure of policy by pregnancy counselling service a condition of
financial assistance

This clause states that a pregnancy counselling service is ineligible to receive a
payment or a grant of financial assistance from the Commonwealth unless it first
discloses in any contract made after the commencement of this Act with the
Commonwealth or with a State whether it is a non-directive service which provides
referrals for all pregnancy options or a service which does not provide referrals for
terminations of pregnancy.

Clause 10 Regulations

This clause states that the Governor-General may make regulations prescribing
matters either required or permitted by this Act to be prescribed, or necessary or
convenient to be prescribed for carrying out or giving effect to this Act.