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EVIDENCE ACT 1929 - SECT 71B

EVIDENCE ACT 1929 - SECT 71B

71B—Publishers required to report result of certain proceedings

        (1)         Where—

            (a)         a report of proceedings taken against a person for an offence is published;

            (b)         the report identifies the person against whom the proceedings have been taken or contains information tending to identify that person;

            (c)         the report is published before the result of the proceedings is known;

            (d)         those proceedings do not result in conviction of the person to whom the report relates of the offence with which he was charged,

the person by whom the publication is made shall, as soon as practicable after the determination of the proceedings, publish a fair and accurate report of the result of the proceedings with reasonable prominence having regard to the prominence given to the earlier report.

Maximum penalty:

            (a)         in the case of a natural person—$10 000;

            (b)         in the case of a body corporate—$120 000.

        (2)         A person required under subsection (1) to publish a report of the result of proceedings may apply to the Supreme Court for directions in relation to the manner in which he should comply with that subsection.

        (3)         Where—

            (a)         a report of proceedings taken against a person for an offence is published;

            (b)         the report identifies the person against whom the proceedings have been taken or contains information tending to identify that person;

            (c)         the report is published after the result of the proceedings is known;

            (d)         those proceedings did not result in conviction of the person to whom the report relates of the offence with which he was charged,

the person by whom the publication is made shall include prominently in the report a statement of the result of the proceedings.

Maximum penalty:

            (a)         in the case of a natural person—$10 000;

            (b)         in the case of a body corporate—$120 000.

        (4)         In this section—

"proceedings" includes, in relation to an offence, the laying of a charge of the offence.