Stuart Baanstra, a Community Action Against Homophobia (CAAH) activist, refused to sign the 2006 census due to the Australian Bureau of Statistics' (ABS) refusal to record same-sex married couples. On November 27, Baanstra faced the Magistrates Court for refusing to sign the census. Baanstra pleaded guilty with mitigating circumstances. His lawyer, Natalie Ross, who was working pro bono, asked for charges to be dismissed under Section 19b of the Crimes Act.
The ABS argued Baanstra should be penalised as a deterrent to others. The judge refused to acknowledge any mitigating circumstances and fined Baanstra $678. The activist plans to appeal the decision.
"The struggle for marriage and equality continues", said Baanstra after the hearing. "The newly elected Labor government needs to recognise the rights of queers by legalising marriage [for same-sex couples]."