EVIDENCE ACT 1929 - SECT 71A
EVIDENCE ACT 1929 - SECT 71A
71A—Restriction on reporting on sexual offences
(2) A person must not,
before the relevant time, publish any statement or representation—
(a) by
which the identity of a person who has been, or is about to be, charged with a
sexual offence is revealed; or
(b) from
which the identity of a person who has been, or is about to be, charged with a
sexual offence, might reasonably be inferred,
unless the accused person consents to the publication.
Maximum penalty:
(a) in
the case of a natural person—$10 000;
(b) in
the case of a body corporate—$120 000.
(2a) A police officer
or any other person acting in a public official capacity who is responsible
for conducting the criminal investigation in respect of a person who has been,
or is about to be, charged with a sexual offence must, before the
relevant time, ensure that all reasonable efforts are made to notify the
victim about the expiry of the prohibition applying in respect of publication
of the accused person's identity under subsection (2).
(4) A person must not
publish any statement or representation—
(a) by
which the identity of a person alleged in any legal proceedings to be the
victim of a sexual offence is revealed; or
(b) from
which the identity of a person alleged in any legal proceedings to be the
victim of a sexual offence might reasonably be inferred,
unless the judge authorises, or the alleged victim consents to, the
publication (but no such authorisation or consent can be given where the
alleged victim is a child).
Maximum penalty:
(a) in
the case of a natural person—$10 000;
(b) in
the case of a body corporate—$120 000.
(5) In this
section—
"relevant time", in relation to a charge of an offence, means the time at
which the accused person's first appearance in a court (whether personally or
by counsel or solicitor) in relation to the charge is concluded.