South Australian Bills

[Index] [Search] [Download] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


ADOPTION (RESTRICTIONS ON PUBLICATION) AMENDMENT BILL 2009

South Australia

Adoption (Restrictions on Publication) Amendment Bill 2009

A BILL FOR

An Act to amend the Adoption Act 1988.


Contents

Part 1—Preliminary
1 Short title
2 Amendment provisions

Part 2—Amendment of Adoption Act 1988
3 Amendment of section 31—Publication of names etc of persons involved in proceedings
4 Substitution of section 32
32 Prohibited advertising


The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Adoption (Restrictions on Publication) Amendment Act 2009.

2—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Adoption Act 1988

3—Amendment of section 31—Publication of names etc of persons involved in proceedings

Section 31—after subsection (2) insert:

(3) This section does not prohibit the publication of any material that identifies, or tends to identify, a person referred to in subsection (1) after the relevant proceedings have been finally disposed of if—

(a) that person consents to being identified; and

(b) the material does not identify, or tend to identify, any other person referred to in subsection (1) who does not consent to being identified.

(4) In subsection (3), a reference to the consent of a person is, if that person is a child, a reference to the consent of the parent or guardian of the child.

4—Substitution of section 32

Section 32—delete the section and substitute:

32—Prohibited advertising

(1) A person must not publish in the news media any prohibited adoption advertising.

Maximum penalty: $20 000.

(2) A person must not publish in the news media any photograph of a child (whether from Australia or a country outside Australia) together with any prohibited adoption advertising relating to the child.

Maximum penalty: $20 000.

(3) This section extends to the publication of matter in a country outside Australia, by a person resident or domiciled in the State, of the person’s wish to adopt, or willingness to make arrangements for the adoption, of a child from that country in the State.

(4) This section does not apply in relation to publication of any advertisement, news item or other matter approved by the Chief Executive.

(5) In this section—

prohibited adoption advertising means an advertisement, news item or other matter indicating (whether or not in relation to a particular child, born or unborn, and whether the child is from Australia or a country outside Australia) that—

(a) a person has a child that he or she wishes to have adopted; or

(b) a person wishes to adopt a child; or

(c) a person is willing to make arrangements with a view to the adoption of a child; or

(d) a child or children are available for adoption.

 


[Index] [Search] [Download] [Help]