JUDICIARY ACT 1903 - SECT 49 Contravention of order to constitute contempt

JUDICIARY ACT 1903 - SECT 49

  (1)   If a court makes an order to which this subsection applies in relation to proceedings before the court on the ground, or on grounds that include the ground, however the ground is expressed, that the making of the order is necessary or desirable in the interests of the national or international security of Australia or in the interests of the physical safety of the accused, of a witness or of any other person, a person shall not contravene or fail to comply with the order so far as it is applicable in relation to the last - mentioned person.

  (2)   By force of this subsection, an order referred to in subsection   ( 1) applies, except so far as is inconsistent with the express terms of the order, in like manner as this Part   applies by virtue of section   47.

  (3)   Subsection   ( 1) applies to:

  (a)   an order that the proceedings are, or part of the proceedings is, to take place in a closed hearing;

  (b)   an order that a person is, or persons included in a specified class of persons are, to be excluded from the whole or part of the proceedings;

  (c)   an order prohibiting or restricting the disclosure of information with respect to the whole or part of the proceedings;

  (d)   an order prohibiting or restricting the publication of a report of or relating to the whole or part of the proceedings;

  (e)   an order for the purpose of ensuring that no person without the approval of the court has access, whether before, during or after the hearing of the proceedings, to any indictment, affidavit, exhibit or other document used in the proceedings or to the records of the court relating to the proceedings; or

  (f)   an order combining any 2 or more of the foregoing orders.

  (4)   If a person contravenes or fails to comply with an order referred to in subsection   ( 1), the Federal Court of Australia has the same powers to punish the person for the contravention or failure as if the order had been made by that Court.