Commonwealth Numbered Acts Commonwealth Numbered Acts(1) This section applies in relation to marriage law survey matter that is communicated to a person during the limitation period if:
(a) all of the following apply:
(i) the matter is an advertisement;
(ii) all or part of the distribution or production of the advertisement was paid for;
(iii) the content of the advertisement was approved by a person (the notifying entity ) (whether or not that person is a person who paid for the distribution or production of the advertisement) ; or
(b) both of the following apply:
(i) the matter forms part of a sticker, fridge magnet, leaflet, flyer, pamphlet, notice or poster;
(ii) the content of the matter was approved by a person (the notifying entity ); or
(c) the matter is communicated by, or on behalf of, a person (the notifying entity ), and the matter is intended to affect whether another person provides a marriage law survey response to the Statistician, or the content of such a response.
Note 1: For paragraph (1)(c), matter may be communicated on behalf of an entity whether or not the entity pays for the communication of the matter.
Note 2: Examples of matters that may be covered by this section include internet advertisements, bulk text messages and bulk voice calls containing marriage law survey matter.
Note 3: For the geographical application of this section, see section 20.
Note 4: For the meaning of communicate for broadcasters and carriage service providers, see the definition of that term in section 5.
(2) For the purposes of subsection (1), if:
(a) marriage law survey matter is communicated by an individual; and
(b) the matter is communicated on behalf of another person or entity; and
(c) the content of the matter is approved by the other person or entity before the matter is communicated;
the other person or entity (and not the individual) is the notifying entity . However, if the content of the matter is not approved by the other person or entity before the matter is communicated, the individual (and not the other person or entity) is the notifying entity .
Exceptions
(3) However, this section does not apply in relation to marriage law survey matter that forms part of:
(a) clothing or any other item that is intended to be worn on the body; or
(b) an item whose size or nature makes it impracticable to notify particulars in accordance with this section.
(4) This section also does not apply in relation to marriage law survey matter referred to in paragraph (1)(b) or (c) if the matter forms part of:
(a) the reporting of news, the presenting of current affairs or any editorial content in news media; or
(b) a communication communicated solely for genuine satirical, academic or artistic purposes; or
(c) an opinion poll or research relating to intentions of enrolled persons; or
(d) a communication communicated for personal purposes; or
(e) an internal communication of a notifying entity; or
(f) a communication at a meeting of 2 or more persons if the identity of the person (the speaker ) communicating at the meeting, and any entity on whose behalf the speaker is communicating, can reasonably be identified by the person or persons to whom the speaker is speaking; or
(g) a live communication of a meeting covered by paragraph (f), but not any later communication of that meeting; or
(h) a communication communicated solely for the purpose of announcing a meeting.
Note: For the definition of meeting , see section 5.
Notifying particulars
(5) T he notifying entity must ensure that the particulars set out in the following table are notified:
(a) at the end of the communication (except if paragraph (c) or (d) applies); and
(b) if the communication is a printed communication--in a font size that can be read by a person with 20/20 vision without the use of any visual aid; and
(c) for text messages whose particulars are too long to be included in the text message--in a website that can be accessed by a URL included in the text message; and
(d) for telephone calls (including bulk voice calls)--at the beginning of the call.
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: A person may contravene this subsection if the person fails to ensure that particulars are notified or if the particulars notified are incorrect.
Note 3: For the application of this provision to a notifying entity that is not a legal person, see subsection (6).
Civil penalty: 120 penalty units.
Application of civil penalty to entities that are not legal persons
(6) For the purposes of this Act and the Regulatory Powers Act, a contravention of subsection (5) that would otherwise have been committed by a notifying entity that is not a legal person is taken to have been committed by each member, agent or officer (however described) of the entity who, acting in his or her actual or apparent authority, engaged in the conduct or made the omission constituting the contravention.
Parliamentary broadcasts
(7) This section does not apply to the broadcasting or re-broadcasting of any proceedings of either House of the Parliament or of a joint sitting under the Parliamentary Proceedings Broadcasting Act 1946 .