Place names ‘in good faith’ won’t breach Bill

PENALTIES for misrepresenting the names of places under new legislation would not apply for the use of Aboriginal or colloquial names, parliament has been assured.

The Place Names Bill, first tabled last month, had its second reading in the House of Assembly late yesterday afternoon.

The Bill would abolish the independent Nomenclature Board and create a Place Names Advisory Panel and a Registrar of Place Names.

Fines of up to $8400 would apply to people who repeatedly misrepresent place names.

Primary Industries Minister Guy Barnett clarified the intent on penalty clauses under the Bill, saying when names were used “in good faith”, it would not constitute a breach.

“Traditional is the appropriate term and is broad enough to cover Aboriginal names,’’ he said.

Mr Barnett gave the example of kunanyi/Mt Wellington, saying either or both names would be permitted without sanction under the new legislation. Mr Barnett said deciding on the use of colloquial or comedic terms would be about common sense.

“No one would be sanctioned for the use of ‘Tassie’, or the ‘valley of love’, for example,’’ he said.

Concerns had previously been raised about the Bill, with Greens leader Cassy O’Connor having described it as a “power grab which criminalises free speech”.

Ms O’Connor had also previously said there was no exception in the legislation for Aboriginal people.

Mr Barnett said one of the key intents of the Bill was to deal with situations where people deliberately mislead, such as when someone lists a property for sale as being in one locality when it is actually in another.

“This has the potential to mislead a potential purchaser,’’ he told parliament.

“The department is aware of several examples of this exact circumstance.

“At present there is no sanction for such deliberate misrepresentations.”

Mr Barnett said the penalty provisions would be used as a last resort for serious breaches.

He said two rounds of community consultation were undertaken prior to the preparation of the Bill.

Braddon Labor MP Shane Broad said the legislation “did some good things”, but said he had reservations with aspects of the Bill.

Debate of the legislation was halted as the House of Assembly went into its adjournment debate last night, but Dr Broad is expected to speak in more detail when the Bill comes back before the house.