Queensland Consolidated Acts

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CRIMINAL LAW (SEXUAL OFFENCES) ACT 1978 - SECT 10

10 When other publication of complainant's or defendant's identity is prohibited

(1) A person who, by a statement or representation made or published otherwise than in a report concerning an examination of witnesses or a trial, reveals the name, address, school or place of employment, or any other particular that is likely to lead to the identification, of--

(a) a complainant, at any time; or
(b) a defendant charged with a prescribed sexual offence to which the statement or representation relates, before the defendant is committed for trial or sentence upon that charge;

commits an offence except where the statement or representation is made or published for an authorised purpose referred to in section 11.

Maximum penalty--

(a) for an individual--100 penalty units or 2 years imprisonment; or
(b) for a corporation--1000 penalty units.

(2) It is a defence to a proceeding for an offence against subsection (1)(a) for a person to prove that, before the relevant statement or representation was made or published--

(a) the complainant authorised in writing the making or the publishing of the statement or representation; and
(b) when the complainant authorised the making or the publishing of the statement or representation, the complainant--
(i) was at least 18 years; and
(ii) had capacity to give the authorisation.

(3) In this section--

capacity see the Guardianship and Administration Act 2000, schedule 4.



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