Senate debates

Wednesday, 13 September 2017

Bills

Marriage Law Survey (Additional Safeguards) Bill 2017; In Committee

11:42 am

Photo of Mathias CormannMathias Cormann (WA, Liberal Party, Minister for Finance) Share this | Hansard source

No; clearly not. If you go to section 15(2), on conduct, in the first instance nobody will be found to have breached the anti-vilification, anti-intimidation and anti-threat-to-cause-harm provisions by reason only of the expression of his or her views about the marriage law survey question. There has to be the additional element of vilification, intimidation or threat to cause harm. Because Senator Hanson raised this in her speech in the second reading debate, subsection 15(3) also specifies:

... does not apply if the conduct is done reasonably and in good faith and is:

(a) the reporting of news, the presenting of current affairs or any editorial content in news media ...

that's self-explanatory—

or

(b) the communication of matter solely for genuine satirical, academic or artistic purposes ...

My advice is that is consistent with similar provisions that would apply in an election context.

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