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TASMANIA
__________
EVIDENCE AMENDMENT BILL 2002
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 194K amended (Publication of certain identifying
particulars prohibited)
[Bill 74]-I
2
EVIDENCE AMENDMENT BILL 2002
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to amend the Evidence Act 2001
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Evidence Amendment Act
2002.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
Principal Act
3. In this Act, the Evidence Act 2001* is referred to as the
Principal Act.
*No. 76 of 2001
[Bill 74] 3
s. 4 No. Evidence Amendment 2002
Section 194K amended (Publication of certain
identifying particulars prohibited)
4. Section 194K of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a) "address"
and substituting "address,";
(b) by omitting from subsection (1)(a)
"identification" and substituting
"identification,";
(c) by omitting from subsection (1)(a)(i) "section
124, 125, 125A, 126, 127, 127A, 128, 129, 133,
185 or 186 of the Criminal Code" and
substituting "section 124, 125, 125A, 126, 127,
127A, 128, 129, 185 or 186 of the Criminal
Code";
(d) by inserting in subsection (1)(a)(iii) ", other
than the defendant," after "intended witness";
(e) by inserting the following subsection after
subsection (1):
(1A) A person, in relation to any
proceedings in any court, must not, without a
court order, publish or cause to be published in
any newspaper, journal, periodical or
document or in any broadcast by means of
wireless, telegraphy or television
(a) the name, address, or any other
reference or allusion likely to lead
to the identification, of
(i) any person in respect of
whom a crime is alleged to
have been committed under
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2002 Evidence Amendment No. s. 4
section 133 of the Criminal
Code; or
(ii) the person who is alleged to
have committed that crime;
or
(iii) any witness or intended
witness in those
proceedings; or
(b) any picture purporting to be a
picture of any of those persons.
(f) by inserting in subsection (2) "under
subsection (1) or (1A)" after "order";
(g) by inserting in subsection (3) "under
subsection (1) or (1A)" after "order".
Government Printer, Tasmania 5