Commonwealth Numbered Acts

Family Law Amendment Act 1983 No. 72 of 1983 - SECT 72

72. Section 121 of the Principal Act is repealed and the following section is
substituted: Restriction on publication of court proceedings

''121. (1) A person who publishes in a newspaper or periodical publication or
by radio broadcast or television, or otherwise disseminates to the public or
to a section of the public by any means, any account of any proceedings, or of
any part of any proceedings, under this Act that identifies-

   (a)  a party to the proceedings;

   (b)  a person who is related to, or associated with, a party to the
        proceedings or is, or is alleged to be, in any other way concerned in
        the matter to which the proceedings relate; or

   (c)  a witness in the proceedings,
is guilty of an offence punishable, upon conviction-

   (d)  in the case of a person not being a body corporate-by a fine not
        exceeding $5,000 or imprisonment for a period not exceeding one year,
        or both; or

   (e)  in the case of a person being a body corporate-by a fine not exceeding
        $10,000.

''(2) A person who, except as permitted by the Rules of Court, publishes in a
newspaper or periodical publication or by radio broadcast or television, or
otherwise disseminates to the public or to a section of the public by any
means (otherwise than by the display of a notice in the premises of the
court), a list of proceedings under this Act, identified by reference to the
names of the parties to the proceedings, that are to be dealt with by a court
is guilty of an offence punishable, upon conviction-

   (a)  in the case of a person not being a body corporate-by a fine not
        exceeding $5,000 or imprisonment for a period not exceeding one year,
        or both; or

   (b)  in the case of a person being a body corporate-by a fine not exceeding
        $10,000.

''(3) Without limiting the generality of sub-section (1), an account of
proceedings, or of any part of proceedings, referred to in that sub-section
shall be taken to identify a person if-

         (a)   it contains any particulars of-


        (i)    the name, title, pseudonym or alias of the person;

        (ii)   the address of any premises at which the person resides or
               works, or the locality in which any such premises are situated;

        (iii)  the physical description or the style of dress of the person;

        (iv)   any employment or occupation engaged in, profession practised
               or calling pursued, by the person or any official or honorary
               position held by the person;

        (v)    the relationship of the person to identified relatives of the
               person or the association of the person with identified friends
               or identified business, official or professional acquaintances
               of the person;

        (vi)   the recreational interests, or the political, philosophical or
               religious beliefs or interests, of the person; or

        (vii)  any real or personal property in which the person has an
               interest or with which the person is otherwise associated,

being particulars that are sufficient to identify that person to a member of
the public, or to a member of the section of the public to which the account
is disseminated, as the case requires;

   (b)  in the case of a written or televised account-it is accompanied by a
        picture of the person; or

   (c)  in the case of a broadcast or televised account-it is spoken in whole
        or in part by the person and the person's voice is sufficient to
        identify that person to a member of the public, or to a member of the
        section of the public to which the account is disseminated, as the
        case requires.

''(4) A reference in sub-section (1) or (2) to proceedings shall be construed
as including a reference to proceedings commenced before the commencement of
section 72 of the Family Law Amendment Act 1983.

''(5) An offence against this section is an indictable offence.

''(6) Notwithstanding that an offence referred to in sub-section (5) is an
indictable offence, a court of summary jurisdiction may hear and determine
proceedings in respect of such an offence if the court is satisfied that it is
appropriate to do so and the defendant and the prosecutor consent.

''(7) Where, in accordance with sub-section (6), a court of summary
jurisdiction convicts a person of an offence against this Act, the penalty
that the court may impose is-

   (a)  in the case of a person not being a body corporate-a fine not
        exceeding $2,500 or imprisonment for a period not exceeding 6 months;
        or

   (b)  in the case of a person being a body corporate-a fine not exceeding
        $5,000.

''(8) Proceedings for an offence against this section shall not be commenced
except by, or with the written consent of, the Attorney-General.

''(9) The preceding provisions of this section do not apply to or in relation
to-

   (a)  the communication, to persons concerned in proceedings in any court,
        of any pleading, transcript of evidence or other document for use in
        connection with those proceedings;

   (b)  the communication of any pleading, transcript of evidence or other
        document to-

        (i)    a body that is responsible for disciplining members of the
               legal profession in a State or Territory; or

        (ii)   persons concerned in disciplinary proceedings against a member
               of the legal profession of a State or Territory, being
               proceedings before a body that is responsible for disciplining
               members of the legal profession in that State or Territory;

   (c)  the communication, to a body that grants assistance by way of legal
        aid, of any pleading, transcript of evidence or other document for the
        purpose of facilitating the making of a decision as to whether
        assistance by way of legal aid should be granted, continued or
        provided in a particular case;

   (d)  the publishing of a notice or report in pursuance of the direction of
        a court;

   (e)  the publishing of any publication bona fide intended primarily for use
        by the members of any profession, being-

        (i)    a separate volume or part of a series of law reports; or

        (ii)   any other publication of a technical character; or

   (f)  the publication or other dissemination of an account of proceedings or
        of any part of proceedings-

        (i)    to a person who is a member of a profession, in connection with
               the practice by that person of that profession or in the course
               of any form of professional training in which that person is
               involved; or

        (ii)   to a person who is a student, in connection with the studies of
               that person.

''(10) Rules of Court made for the purposes of sub-section (2) may be of
general or specially limited application or may differ according to
differences in time, locality, place or circumstance.

''(11) In this section, 'court' includes-

   (a)  an officer of a court investigating or dealing with a matter in
        accordance with this Act or the regulations; and

   (b)  a tribunal established by or under a law of the Commonwealth, of a
        State or of a Territory.''.