Commonwealth Numbered Acts

MARRIAGE LAW SURVEY (ADDITIONAL SAFEGUARDS) ACT 2017 (NO. 96, 2017) - SECT 15

             (1)  After this section commences, a person (the first person ) must not vilify, intimidate or threaten to cause harm to another person or persons if the first person engaged in the conduct that vilified, intimidated or threatened the other person or persons because of any of the following:

                     (a)  the other person or persons have expressed or hold a view in relation to the marriage law survey question;

                     (b)  the first person believes that the other person or persons hold a view in relation to the marriage law survey question;

                     (c)  the religious conviction, sexual orientation, gender identity or intersex status of the other person or persons.

Note 1:       This provision is a civil penalty provision which is enforceable under the Regulatory Powers Act (see section 19 of this Act).

Note 2:       For the geographical application of this section, see section 20.

Note 3:       For when a broadcaster or carriage service provider does not vilify, intimidate or threaten to cause harm, see the definition of vilify, intimidate or threaten to cause harm in section 5.

Civil penalty:          60 penalty units.

             (2)  The first person does not engage in the conduct referred to in subsection (1) by reason only of the expression of his or her views about the marriage law survey question.

             (3)  Subsection (1) does not apply if the conduct is done reasonably and in good faith and is:

                     (a)  the reporting of news, the presenting of current affairs or any editorial content in news media; or

                     (b)  the communication of matter solely for genuine satirical, academic or artistic purposes; or

                     (c)  the communication, distribution or dissemination of any matter consisting of a publication that is subject to a defence of absolute privilege in proceedings for defamation.

Note:          A person who wishes to rely on subsection (3) in proceedings for a civil penalty order bears an evidential burden in relation to a matter in that subsection (see section 96 of the Regulatory Powers Act).

             (4)  In proceedings for a contravention of subsection (1), it is not necessary to prove that:

                     (a)  a specific person or group has expressed or holds a view in relation to the marriage law survey question; or

                     (b)  the first person believes that a specific person or group holds a view in relation to the marriage law survey question.