As a result of the Census and Statistics (Statistical Information) Direction 2017 , the Statistician is to conduct a survey to collect statistical information about the views of enrolled persons on whether the law should be changed to allow same-sex couples to marry.

This Act requires certain paid advertisements, printed material, and material intended to affect whether a person provides a response to the survey or the content of the response, to be clearly authorised. (Matter that is published or printed by the Statistician is not required to be authorised.) Under Division 1 of Part 2, the person who approves the communication is responsible for including particulars relating to the authorisation.

Separate obligations are imposed on broadcasters under Division 2 of Part 2, and Part 3. These obligations are similar to the obligations imposed by the Broadcasting Services Act 1992 , and by the Commercial Television Industry Code of Practice during an election period. Broadcasters are also required to provide reasonable opportunities to representatives of organisations that hold opposing views in relation to the marriage law survey question to broadcast their views.

This Act also creates specific offences and civil penalties in relation to the survey. For example, it is an offence:

       (a)     for a person to receive a bribe on the understanding that the person's decision as to whether to respond to the survey, or the content of the person's response, will be influenced or affected; or

      (b)     to bribe a person, or to make a threat to a person, for the purposes of influencing or affecting whether the person responds to the survey, or the content of the person's response to the survey.

A person may, for example, be liable to a civil penalty if the person vilifies, intimidates or threatens to cause harm to another person or persons because of:

       (a)     views expressed or held, or believed to be held, by the other person or persons in relation to the marriage law survey question; or

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