Commonwealth Numbered Acts Commonwealth Numbered Acts(1) A person contravenes this subsection if:
(a) after this section commences, the person:
(i) prints, publishes or distributes; or
(ii) causes, permits or authorises to be printed, published or distributed;
any matter or thing (including by radio, television, internet or telephone); and
(b) the printing, publication or distribution occurs during the limitation period; and
(c) the matter or thing is likely to mislead or deceive an enrolled person in relation to the provision of a marriage law survey response to the Statistician.
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: Examples for paragraph (1)(c) include a matter or thing that leads an enrolled person:
(a) to believe that a particular response in the person's marriage law survey response has an effect, and that effect is the opposite of the effect the person wishes it to have; or
(b) to believe that not providing a marriage law survey response to the Statistician counts as being in favour or not in favour of the law being changed to allow same-sex couples to marry; or
(c) to believe that the period for providing a marriage law survey response to the Statistician is longer than the actual period for providing a response.
Civil penalty: 60 penalty units.
(2) Subsection (1) does not apply if:
(a) the person did not know, and could not reasonably be expected to have known, that the matter or thing was likely to mislead or deceive an enrolled person; or
(b) the person could not reasonably be expected to have confirmed the details of the matter or thing before it was printed, published or distributed.
Note: A person who wishes to rely on subsection (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter (see section 96 of the Regulatory Powers Act).