CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 45
Publication of names and identifying information about children and other persons involved in proceedings
CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 45
Publication of names and identifying information about children and other persons involved in proceedings
45 Publication of names and identifying information about children and
other persons involved in proceedings
must not be published or broadcast
before the proceedings are commenced or after the proceedings have been
commenced and before they are disposed of.
(3) A person who publishes or
broadcasts the name of a person in contravention of subsection (1) or in
contravention of a direction under subsection (2) is guilty of an offence.
:
Maximum penalty--Imprisonment for a period not exceeding 2 years, or 200
penalty units, or both (in the case of an individual) or 2,000 penalty units
(in the case of a corporation).
(4) This section does not prohibit--
(a) the
publication or broadcasting of an official report of the proceedings of a
court that includes the name of any person the publication or broadcasting of
which would otherwise be prohibited by this section, or
(b) the publication
or broadcasting of the name of a person with the consent of the person or of
the court.
(5) For the purposes of this section, a reference to the name of a
person includes a reference to any information, picture or other material--
(a) that identifies the person, or
(b) that is likely to lead to the
identification of the person.
(6) The offence created by this section is an
offence of strict liability.
(7) A court may vary or revoke a direction given
by a court under this section. However, only the District Court may vary or
revoke a direction given by the District Court.
(8) In this section--
"apprehended violence order proceedings" include proceedings under Part 13B
for the variation or revocation of a recognised non-local DVO or for a
declaration that a DVO is a recognised DVO.