2004-2005-2006 The Parliament of the Commonwealth of Australia THE SENATE Presented and read a first time Pregnancy Counselling (Truth in Advertising) Bill 2006 No. , 2006 (Senators Stott Despoja, Troeth, Nettle and Carol Brown) A Bill for an Act to prohibit misleading or deceptive advertising or notification of pregnancy counselling services, and for related purposes [Page Break] Part 1--Preliminary 1 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 1 3 Definitions ......................................................................................... 2 4 Objects ............................................................................................... 2 Part 2--Misleading advertising or notification 3 5 Misleading advertising or notification of pregnancy counselling services ........................................................................... 3 6 Requirements for advertising or notification of pregnancy counselling services ........................................................................... 4 7 Grant of Commonwealth financial assistance not payable where a pregnancy counselling service engages in misleading or deceptive conduct........................................................ 5 8 Minister to report annually on payments to and performance of pregnancy counselling services ..................................................... 5 9 Disclosure of policy by pregnancy counselling service a condition of financial assistance ........................................................ 6 10 Regulations ........................................................................................ 6 [Page Break] 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 A Bill for an Act to prohibit misleading or 20 deceptive advertising or notification of pregnancy 21 counselling services, and for related purposes 22 The Parliament of Australia enacts: 23 Part 1--Preliminary 24 25 1 Short title 26 This Act may be cited as the Pregnancy Counselling (Truth in 27 Advertising) Act 2006. 28 2 Commencement 29 This Act commences on the day on which it receives the Royal 30 Assent. Pregnancy Counselling (Truth in Advertising) Bill 2006 No. , 2006 1 [Page Break] 2 In this Act: 3 non-directive pregnancy counselling service means a service that 4 offers counselling, information services, referrals and support on 5 all three pregnancy options, being: 6 (a) raising the child; or 7 (b) adoption; or 8 (c) termination of pregnancy; 9 and will provide referrals to termination of pregnancy services if 10 requested to do so. 11 pregnancy counselling service means a counselling service that 12 has as its purpose, or one of its purposes, the provision of advice or 13 information services to women and their support persons regarding 14 options in relation to pregnancy, childbirth or termination of 15 pregnancy. 16 termination of pregnancy means the surgical or medical 17 termination of a pregnancy. 18 4 Objects 19 The objects of this Act are to: 20 (a) prohibit misleading and deceptive notification and 21 advertising of pregnancy counselling services; and 22 (b) promote transparency and full choice in the notification and 23 advertising of pregnancy counselling services; and 24 (c) improve public health; and 25 (d) minimise the difficulties associated with obtaining advice to 26 deal with unplanned pregnancy. 27 [Page Break] 2 Part 2--Misleading advertising or notification 3 4 5 5 Misleading advertising or notification of pregnancy counselling 6 services 7 (1) A person who provides a pregnancy counselling service must not 8 publish, distribute, display or broadcast, by Internet, television, 9 telephone, radio or like service, or by post: 10 (a) any material that is misleading or deceptive as to the nature 11 of the services it provides; or 12 (b) any material that is likely to mislead or deceive as to the 13 nature of the services it provides. 14 (2) In relation to a pregnancy counselling service that is provided by 15 way of telephone, a person must not publish, distribute, display or 16 broadcast in connection with the advertising or notification of such 17 service by any means: 18 (a) any material that is misleading or deceptive as to the nature 19 of the services it provides; or 20 (b) any material that is likely to mislead or deceive as to the 21 nature of the services it provides. 22 (3) In a prosecution of a person for an offence against subsection (1) or 23 (2), it is a defence if a person proves that he or she: 24 (a) took no part in determining the content of the material; and 25 (b) could not reasonably be expected to have known that the 26 material was inaccurate or misleading. 27 (4) This section applies whether the service is provided free of charge 28 or for a fee. 29 (5) Contravention of subsection (1) or (2) is an offence. 30 Penalty: 31 (a) for an individual--a maximum of 2,000 penalty units; or 32 (b) for a body corporate--a maximum of 10,000 penalty units. [Page Break] 2 6 Requirements for advertising or notification of pregnancy 3 counselling services 4 (1) A person who provides a pregnancy counselling service that does 5 not provide referrals for terminations of pregnancy must include in 6 any material that advertises or notifies the public of its services by 7 Internet, television, telephone, radio or like service, or by post, a 8 statement that "This service does not provide referrals for 9 terminations of pregnancy" or a like statement. 10 (2) A person who provides a pregnancy counselling service that does 11 provide referrals for terminations of pregnancy must include in any 12 material that advertises or notifies the public of its services by 13 Internet, television, telephone, radio or like service, or by post, a 14 statement that "This service does provide referrals for all 15 pregnancy options" or a like statement. 16 (3) In relation to a pregnancy counselling service that is provided by 17 way of telephone, where such service does not provide referrals for 18 terminations of pregnancy, a person who provides such service 19 must include in any material that advertises or notifies the public of 20 its services by any means, a statement that "This service does not 21 provide referrals for terminations of pregnancy" or a like 22 statement. 23 (4) In relation to a pregnancy counselling service that is provided by 24 way of telephone, where such service does provide referrals for 25 terminations of pregnancy, a person who provides such service 26 must include in any material that advertises or notifies the public of 27 its services by any means, a statement that "This service does 28 provide referrals for all pregnancy options" or a like statement. 29 (5) Advertising or notifying material that does not comply with 30 subsection (1), (2), (3), or (4) is taken to be material that is 31 misleading or deceptive to the public for the purposes of section 5. 32 (6) Contravention of subsection (1), (2), (3) or (4) is an offence. 33 Penalty: 34 (a) for an individual--a maximum of 2,000 penalty units; or [Page Break] 2 Note: Section 4B(3) of the Crimes Act 1914 does not apply. 3 7 Grant of Commonwealth financial assistance not payable where a 4 pregnancy counselling service engages in misleading or 5 deceptive conduct 6 Where a participating State receives financial assistance from the 7 Commonwealth in whatever form and the financial assistance is 8 used for making payments to a pregnancy counselling service and 9 the service is found to have engaged in misleading or deceptive 10 conduct in accordance with section 5, or has not met the 11 requirements of subsection 6(1), (2), (3) or (4), the financial 12 assistance is not payable until the pregnancy counselling service 13 has ceased to engage in the misleading or deceptive conduct or has 14 met the requirements of subsection 6(1), (2), (3) or (4). 15 8 Minister to report annually on payments to and performance of 16 pregnancy counselling services 17 (1) Where a payment or a grant of financial assistance is made by the 18 Commonwealth: 19 (a) to a State where the payment is made to a pregnancy 20 counselling service; or 21 (b) directly to a service provider engaged in the provision of a 22 pregnancy counselling service; 23 the Minister is to report annually: 24 (c) the amount of each payment to each State and each 25 pregnancy counselling service provider; and 26 (d) the name of each service provider receiving a payment; and 27 (e) the policy that each service provider advocates being either: 28 (i) a pregnancy counselling service which does not provide 29 referrals for terminations of pregnancy; or 30 (ii) a non-directive pregnancy counselling service which 31 provides referrals for all pregnancy options. 32 (2) The Minister must, as soon as practicable after 30 June but before 33 30 September in each year, cause to be laid before each House of 34 the Parliament a report in accordance with subsection (1). [Page Break] 2 of financial assistance 3 A pregnancy counselling service is ineligible to receive a payment 4 or a grant of financial assistance from the Commonwealth: 5 (a) unless it first discloses in any contract made after the 6 commencement of this Act with the Commonwealth or with a 7 State whether it is: 8 (i) a pregnancy counselling service which does not provide 9 referrals for terminations of pregnancy; or 10 (ii) a non-directive pregnancy counselling service which 11 provides referrals for all pregnancy options; and 12 (b) the Minister reports the information obtained in accordance 13 with paragraph (a) in the annual report required by section 8. 14 10 Regulations 15 The Governor-General may make regulations prescribing matters: 16 (a) required or permitted by this Act to be prescribed; or 17 (b) necessary or convenient to be prescribed for carrying out or 18 giving effect to this Act.