Commonwealth Numbered Acts

SOUTH PACIFIC NUCLEAR FREE ZONE TREATY ACT 1986 No. 140, 1986 - SECT 34

34. (1) At any time before or during the hearing of proceedings before a court
in relation to an offence against this Act, the Judge or Magistrate may, if
satisfied that such a course is expedient in order to prevent the disclosure
of information of a kind referred to in the definition of

"associated technology" in sub-section 4 (1) of the Nuclear Non-Proliferation
(Safeguards) Act 1986-

   (a)  order that some or all of the members of the public shall be excluded
        during the whole or a part of the proceedings;

   (b)  order that no report of the whole or a specified part of the
        proceedings shall be published; and

   (c)  make orders, and give directions, prohibiting or restricting access,
        either before, during or after the proceedings, to any affidavit,
        exhibit, information or other document used in the proceedings that is
        on a file in the court or in the records of the court.

(2) A person who contravenes an order made, or direction given, under
sub-section (1) is guilty of an offence against that sub-section punishable,
upon conviction, by-

   (a)  if the offender is a natural person - a fine not exceeding $10,000 or
        imprisonment for a period not exceeding 5 years, or both; or

   (b)  if the offender is a body corporate - a fine not exceeding $50,000.

(3) Upon the termination of proceedings before a court in relation to an
offence against this Act, any document containing information of a kind
referred to in the definition of "associated technology" in sub-section 4 (1)
of the Nuclear Non-Proliferation (Safeguards) Act 1986 that would otherwise
form part of the records of the court shall, as soon as practicable after the
termination of those proceedings, be delivered into the possession and control
of the Minister.

(4) A reference in this section to proceedings before a court shall be read as
including a reference to committal proceedings in relation to an indictable
offence.

(5) For the purposes of this section, proceedings shall not be taken to have
terminated until-

   (a)  in the case of proceedings other than committal proceedings in
        relation to an indictable offence - the time for bringing an appeal
        arising from those proceedings has expired or an appeal arising from
        those proceedings has been brought and has been determined; or

   (b)  in the case of committal proceedings in relation to an indictable
        offence - the trial in relation to the offence has been determined and
        the time for bringing an appeal arising from those proceedings has
        expired or an appeal arising from those proceedings has been brought
        and has been determined.