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CRIMINAL LAW (SEXUAL OFFENCES) ACT 1978 - SECT 10 When other publication of complainant’s identity is prohibited

CRIMINAL LAW (SEXUAL OFFENCES) ACT 1978 - SECT 10

When other publication of complainant’s identity is prohibited

10 When other publication of complainant’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 complainant commits an offence except where the statement or representation is made or published for an authorised purpose referred to in section 11 .
Penalty—
Maximum penalty—
(a) for an individual—100 penalty units or 2 years imprisonment; or
(b) for a corporation—1,000 penalty units.
Note—
If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 12 , to have also committed the offence.
(2) It is a defence to a proceeding for an offence against subsection (1) 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 .