National Disability Insurance Scheme Act 2013

The Commissioner may, by written notice, make an order (an anti‑promotion order) prohibiting or restricting a person from engaging in regulated promotional conduct of a kind specified in the order if the Commissioner is satisfied that the person has engaged in, or is engaging in, conduct of the specified kind.

The National Disability Insurance Scheme rules may prescribe as regulated promotional conduct conduct that involves promoting, advertising or marketing matter related to:

supports or services for people with disability; or

NDIS providers; or

things purporting (whether expressly or impliedly) to be things mentioned in paragraph (a) or (b).

Before making National Disability Insurance Scheme rules prescribing conduct as regulated promotional conduct, the Minister must be satisfied that the conduct undermines the objects of this Act or the principles in section 4.

An anti‑promotion order may:

apply generally or be of limited application; and

be made subject to specified conditions; and

be permanent or for a specified period.

An anti‑promotion order made against a person takes effect on the day specified in the order, which must not be earlier than:

unless paragraph (b) applies—7 days after the day the order is given to the person; or

if the Commissioner considers it is necessary for the order to take effect earlier than that 7 day period in order to protect the health, safety or wellbeing of a person with disability—the day after the day the order is given to the person.

An anti‑promotion order is not a legislative instrument.

The Commissioner may make an anti‑promotion order against a person only if:

the Commissioner gives the person an opportunity to make submissions to the Commissioner on the matter; and

the period of 7 days after the opportunity was given has ended.

The Commissioner must:

give the anti‑promotion order to the person against whom the order is made; and

include in the anti‑promotion order a statement of reasons for the order.