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2004-2005 The Parliament of the Commonwealth of Australia THE SENATE Presented and read a first time Transparent Advertising and Notification of Pregnancy Counselling Services Bill 2005 No. , 2005 (Senator Stott Despoja) A Bill for an Act to prohibit misleading or deceptive advertising or notification of pregnancy counselling services, and for related purposesIndex] [Search] [Download] [Bill] [Help]Contents Part 1--Preliminary 1 1 Short title ......................................................................................1 2 Commencement .............................................................................1 3 Definitions.....................................................................................2 4 Objects ..........................................................................................3 Part 2--Misleading advertising or notification 4 5 Misleading advertising or notification of pregnancy counselling services .......................................................................4 6 Requirements for advertising or notification of pregnancy counselling services .......................................................................4 7 Requirement for telephone service providers to list a non-directive pregnancy counselling service ...................................5 8 Grant of Commonwealth financial assistance not payable where a pregnancy counselling service engages in misleading or deceptive conduct.....................................................5 9 Minister to report annually on payments to and performance of pregnancy counselling services...................................................6 10 Disclosure of policy by pregnancy counselling service a condition of financial assistance.....................................................6 11 Regulations....................................................................................7 i Transparent Advertising and Notification of Pregnancy Counselling Services Bill 2005 No. , 2005
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 A Bill for an Act to prohibit misleading or 20 deceptive advertising or notification of pregnancy 21 counselling services, and for related purposes 22 The Parliament of Australia enacts: 23 Part 1--Preliminary 24 25 1 Short title 26 This Act may be cited as the Transparent Advertising and 27 Notification of Pregnancy Counselling Services Bill 2005. 28 2 Commencement 29 This Act commences on the day on which it receives the Royal 30 Assent. Transparent Advertising and Notification of Pregnancy Counselling Services Bill 2005 No. , 2005 1
Part 1 Preliminary Section 3 1 3 Definitions 2 In this Act: 3 advertise, advertising and advertising material includes every form 4 of advertisement or notice, whether to the public or not, and whether 5 in a newspaper, magazine, pamphlet, circular, catalogue or other 6 publication, by television or internet, by display of notices, signs or 7 labels, by distribution of, or display of, pictures or films or in any 8 other way. 9 notification includes the listing, description or publication of the 10 pregnancy counselling service in telephone directories, Yellow 11 Pages and like telephone directories, or electronic or print media in 12 whatever form. 13 non-directive pregnancy counselling service means a service that 14 offers counselling, information services, referrals and support on all 15 three pregnancy options being 16 (a) raising the child; or 17 (b) adoption; or 18 (c) termination of pregnancy 19 and will provide referrals to termination of pregnancy services 20 where requested. 21 person includes an organisation, authority, agency or association 22 (however described) and includes a person, organisation, authority, 23 agency or association in respect of which legislative power has been 24 referred to the Parliament of the Commonwealth, by the Parliament 25 of any State or States for the purposes of this Act. 26 pregnancy counselling service means a counselling service that has 27 as its purpose, or one of its purposes, the provision of advice or 28 information services to women and their support persons regarding 29 options in relation to pregnancy, childbirth or termination of 30 pregnancy. 31 publication includes publication by means of radio, television, 32 internet, telephone or print media in whatever form. 2 Transparent Advertising and Notification of Pregnancy Counselling Services Bill 2005 No. , 2005
Preliminary Part 1 Section 4 1 publish includes publishing by means of radio, television, internet, 2 telephone or print media in whatever form. 3 termination of pregnancy means the surgical or medical 4 termination of a pregnancy. 5 4 Objects 6 The objects of this Act are to: 7 (a) prohibit misleading and deceptive notification and advertising 8 of pregnancy counselling services; 9 (b) promote transparency and full choice in the notification and 10 advertising of pregnancy counselling services; 11 (c) improve public health; and 12 (d) minimise the difficulties associated with obtaining advice to 13 deal with unplanned pregnancy. 14 Transparent Advertising and Notification of Pregnancy Counselling Services Bill 2005 No. , 2005 3
Part 2 Misleading advertising or notification Section 5 1 2 Part 2--Misleading advertising or notification 3 4 5 5 Misleading advertising or notification of pregnancy counselling 6 services 7 (1) An organisation, authority, agency, association or person that 8 provides a pregnancy counselling service must not print, publish, 9 distribute, display or broadcast, or cause, permit or authorise to be 10 printed, published, distributed, displayed or broadcast: 11 (a) any advertising material that is misleading or deceptive as to 12 the nature of the services it provides; or 13 (b) any notification of its services that is misleading or deceptive 14 as to the nature of the services it provides. 15 (2) In a prosecution of a person for an offence against subsection (1), it 16 is a defence if a person proves that he or she: 17 (a) took no part in determining the content of the material; and 18 (b) could not reasonably be expected to have known that the 19 material was inaccurate or misleading. 20 (3) This section applies whether the service is provided free of charge 21 or for a fee. 22 (4) Contravention of subsection (1) is an offence. 23 Penalty: For a corporation a maximum of 10,000 penalty units. 24 For a person a maximum of 2,000 penalty units. 25 Note: Section 4B(3) of the Crimes Act 1914 does not apply. 26 6 Requirements for advertising or notification of pregnancy 27 counselling services 28 (1) A person that advertises or notifies a pregnancy counselling service 29 that does not provide referrals for terminations of pregnancy must 30 include in the advertising or notification material a statement that 4 Transparent Advertising and Notification of Pregnancy Counselling Services Bill 2005 No. , 2005
Misleading advertising or notification Part 2 Section 7 1 "This service does not provide referrals for terminations of 2 pregnancy" or a like statement. 3 (2) In a prosecution of a person for an offence against subsection (1), it 4 is a defence if a person proves that he or she: 5 (a) took no part in determining the content of the material; and 6 (b) could not reasonably be expected to have known that the 7 material was inaccurate or misleading or deceptive. 8 (3) Advertising or notifying material that does not comply with 9 subsection (1) is taken to be material that is misleading or deceptive 10 to the public for the purposes of section 5. 11 (4) Contravention of subsection (1) is an offence. 12 Penalty: 13 (a) for a corporation--a maximum of 10,000 penalty units; 14 (b) for a person-- a maximum of 2,000 penalty units. 15 Note: Section 4B(3) of the Crimes Act 1914 does not apply. 16 7 Requirement for telephone service providers to list a non-directive 17 pregnancy counselling service 18 Telephone carriage service providers providing alphabetical public 19 number directories in accordance with clause 9 of the Carrier 20 Licence Conditions (Telstra Corporation Limited) Declaration 21 1997 may only include non-directive pregnancy counselling services 22 on the 24 hour health and help call pages of each alphabetical public 23 number directory. 24 8 Grant of Commonwealth financial assistance not payable where a 25 pregnancy counselling service engages in misleading or 26 deceptive conduct 27 Where a participating State receives financial assistance from the 28 Commonwealth in whatever form and the financial assistance is 29 used for making payments to a pregnancy counselling service and 30 the service is found to have engaged in misleading or deceptive 31 conduct in accordance with section 5 of this Act, or has not met the Transparent Advertising and Notification of Pregnancy Counselling Services Bill 2005 No. , 2005 5
Part 2 Misleading advertising or notification Section 9 1 notification requirement of section 6 of this Act, the financial 2 assistance is not payable until the pregnancy counselling service has 3 ceased to engage in the misleading or deceptive conduct or has met 4 the notification requirement of section 6. 5 9 Minister to report annually on payments to and performance of 6 pregnancy counselling services 7 (1) Where a payment or a grant of financial assistance is made by the 8 Commonwealth: 9 (a) to a State where the payment is made to a pregnancy 10 counselling service; or 11 (b) directly to a service provider engaged in the provision of a 12 pregnancy counselling service; 13 the Minister is to report annually: 14 (c) the amount of each payment to each State and each pregnancy 15 counselling service provider; and 16 (d) the name of each service provider receiving a payment; and 17 (e) the policy that each service provider advocates being either: 18 (i) a pregnancy counselling service which does not provide 19 referrals for terminations of pregnancy; or 20 (ii) a non-directive pregnancy counselling service. 21 (2) The Minister must, as soon as practicable after 30 June but before 22 30 September in each year, cause to be laid before each House of 23 the Parliament a report in accordance with subsection (1). 24 10 Disclosure of policy by pregnancy counselling service a condition 25 of financial assistance 26 A pregnancy counselling service is ineligible to receive a payment or 27 a grant of financial assistance from the Commonwealth: 28 (a) unless it first discloses in any contract made after 30 June 29 2005 with the Commonwealth or with a State whether it is: 30 (i) a pregnancy counselling service which does not provide 31 referrals for terminations of pregnancy; or 32 (ii) a non-directive pregnancy counselling service. 6 Transparent Advertising and Notification of Pregnancy Counselling Services Bill 2005 No. , 2005
Misleading advertising or notification Part 2 Section 11 1 (b) the Minister reports the information obtained in accordance 2 with paragraph (a) in the annual report required by section 9. 3 11 Regulations 4 The Governor-General may make regulations prescribing matters: 5 (a) required or permitted by this Act to be prescribed; or 6 (b) necessary or convenient to be prescribed for carrying out or 7 giving effect to this Act. Transparent Advertising and Notification of Pregnancy Counselling Services Bill 2005 No. , 2005 7