(1) A person must not advertise a disability
service to be provided by a person to whom an interim prohibition order
or a prohibition order applies unless the advertisement states that the person
is subject to an interim prohibition order or a prohibition order, as the
case requires.
Penalty: 240 penalty units or 2 years imprisonment or both.
(2) A person must not advertise a disability service to be provided by a registered disability worker in a way that—
(a) is false, misleading or deceptive or is likely to be misleading or deceptive; or
(b) offers a gift, discount or other inducement to attract a person to use the service, unless the advertisement also states the terms and conditions of the offer; or
(c) uses testimonials or purported testimonials about the service or business; or
(d) creates an unreasonable expectation of beneficial treatment; or
(e) directly or indirectly encourages the indiscriminate or unnecessary use of disability services.
Penalty: 30 penalty units in the case of a natural person;
60 penalty units in the case of a body corporate.
(3) A person does not commit an offence against this section merely because the person, as part of the person's business, prints or publishes an advertisement for another person.
(4) In a proceeding for an offence against this section, a court may have regard to a registration standard, code or guideline approved by the Board about the advertising of disability services.