The non-binding survey is not a formal election, so the ‘Yes’ and ‘No’ campaigns are not bound by the rules in the Electoral Act.
But finance minister Mathias Cormann will soon introduce new laws specifically outlawing vilification, intimidation and threats against people for their views on the survey on the basis of their sexual preferences, gender identity or intersex status, SBS World News understands.
The protections will also cover those targeted for their religious beliefs.
All campaign conduct, not just official advertising, will be covered by the protections. This could include tweets, speeches and conduct at rallies.
Attorney-General George Brandis will act as the postal survey’s watchdog and will have the power to decide whether alleged breaches of the new rules should be prosecuted.
Penalties will be decided by the Federal Court. Fines could be as high as $12,600 and the court will have the power to order advertising takedowns through injunctions.
The government is seeking to pass the bill this week.
Labor has previously indicated it is willing to give bipartisan support to electoral protections, but it is unclear whether the opposition has seen the government’s draft wording.
The protections will expire at the end of the campaign.
