[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
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:
This Act may be cited as the Adoption (Restrictions on Publication)
Amendment Act 2009.
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.
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.