New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 292

292 Publication of evidence may be forbidden in certain cases

(1) In any proceedings against a person for a prescribed sexual offence, the court may from time to time make an order forbidding publication of the whole or any part of the evidence tendered in the proceedings or of any report or account of that evidence.

(2) If the prosecutor or the accused person (or his or her Australian legal practitioner, if any) indicates to the court that it is desired that any particular matter given in evidence should be available for publication, no such order is to be made in respect of that matter.

(3) Any person who contravenes an order under this section is guilty of a summary offence and liable to a maximum penalty of 20 penalty units.

(4) This section is subject to any Act or law under which evidence relating to a child under the age of 18 years, or a report or account of that evidence, may not be published.

(5) A reference in subsection (1) or (2) to publication of evidence or any report or account of that evidence includes a reference to:

(a) the broadcast of evidence or any report or account of that evidence by radio or television, or

(b) the dissemination of evidence or any report or account of that evidence by any other electronic means such as the internet.

(6) An order under this section must not be made unless the court concerned:

(a) has sought and considered any views of the complainant, and

(b) is satisfied that the publication is not in the public interest.

(7) In making an order under this section, the court may specify that the order continues to have effect after the relevant proceedings have been finally disposed of. However, the court may, on application by any person, vary or revoke the order at any time.