Australian Capital Territory Current Acts

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PARENTAGE ACT 2004 - SECT 43

Advertising in relation to substitute parent agreements

    (1)     A person commits an offence if the person—

        (a)     publishes an advertisement, notice or anything else with the intention of inducing someone to enter into a substitute parent agreement; or

        (b)     publishes an advertisement, notice or anything else that—

              (i)     is likely to induce someone to enter into a substitute parent agreement; or

              (ii)     seeks or purports to seek someone who is willing to enter into a substitute parent agreement; or

              (iii)     states or implies that someone is willing to enter into a substitute parent agreement.

Maximum penalty:

        (a)     if the offence relates to a commercial substitute parent agreement—50 penalty units, imprisonment for 6 months or both; or

        (b)     in any other case—50 penalty units.

    (2)     In this section:

"publish"—something is published if it is—

        (a)     included in a newspaper, periodical publication or other publication; or

        (b)     publicly exhibited in, on, over or under a building, vehicle or place (whether or not a public place and whether on land or water), or in the air in view of people on a street or in a public place; or

        (c)     contained in a document given to someone or left on premises where someone lives or works; or

        (d)     broadcast by radio or television; or

        (e)     electronically disseminated in another way (for example, by inclusion on a web site).

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).



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