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EVIDENCE AMENDMENT (JOURNALIST PRIVILEGE) BILL 2012

PARLIAMENT OF VICTORIA Evidence Amendment (Journalist Privilege) Bill 2012 TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2--AMENDMENTS TO THE EVIDENCE ACT 2008 3 3 New Division 1C of Part 3.10 inserted 3 Division 1C--Journalist privilege 3 126J Definitions 3 126K Journalist privilege relating to identity of informant 4 4 Privilege in respect of self-incrimination in other proceedings 5 5 Privilege in respect of self-incrimination--exception for certain orders etc. 6 6 Application of Part to preliminary proceedings of courts 7 7 Definition of admission 7 8 Unavailability of persons 7 9 References to de facto partners 8 10 New Part 3 of Schedule 2 inserted 8 PART 3--TRANSITIONAL PROVISIONS FOR EVIDENCE AMENDMENT (JOURNALIST PRIVILEGE) ACT 2012 8 17 Definitions 8 18 Application of Division 1C of Part 3.10 8 19 Application of Division 1C of Part 3.10 to disclosure requirements 9 20 Certificate given to a witness before commencement 10 PART 3--AMENDMENTS TO THE CORONERS ACT 2008 11 11 New section inserted after section 42 11 42A Privileges in relation to investigations 11 12 Privileges in relation to inquests 11 58 Privileges in relation to inquests 11 13 New clause 21 of Schedule 1 to the Coroners Act 2008 inserted 11 571074B.I-6/6/2012 i BILL LA INTRODUCTION 6/6/2012

 


 

Clause Page 21 Transitional provisions--Evidence Amendment (Journalist Privilege) Act 2012 11 PART 4--AMENDMENTS TO THE EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958 13 14 Power to send for witnesses and documents 13 15 Guiding principles 13 16 Regulations 13 PART 5--AMENDMENTS TO THE INDEPENDENT BROAD- BASED ANTI-CORRUPTION COMMISSION ACT 2011 14 17 Definition of privilege 14 18 New section inserted after section 67 14 67A Journalist privilege does not apply 14 19 New section inserted after section 82ZC 14 82ZCA Journalist privilege does not apply 14 PART 6--AMENDMENTS TO THE MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 15 20 Application of privileges and provision of information, documents 15 PART 7--AMENDMENTS TO THE OMBUDSMAN ACT 1973 16 21 Evidence 16 PART 8--AMENDMENTS TO THE POLICE INTEGRITY ACT 2008 17 22 New section inserted after section 69 17 69A Journalist privilege does not apply 17 PART 9--AMENDMENTS TO THE ROAD SAFETY ACT 1986 18 23 Provisions about cancellation and disqualification 18 24 When an alcohol interlock condition can be removed 18 PART 10--AMENDMENTS TO THE VICTORIAN INSPECTORATE ACT 2011 19 25 Definition of privilege 19 26 New section inserted after section 33S 19 33SA Journalist privilege does not apply 19 571074B.I-6/6/2012 ii BILL LA INTRODUCTION 6/6/2012

 


 

Clause Page PART 11--AMENDMENTS TO THE WHISTLEBLOWERS PROTECTION ACT 2001 20 27 New section inserted after section 10 20 10A Journalist privilege does not apply 20 28 New section inserted after section 56 20 56A Journalist privilege does not apply 20 PART 12--REPEAL 21 29 Repeal of amending Act 21 ENDNOTES 22 571074B.I-6/6/2012 iii BILL LA INTRODUCTION 6/6/2012

 


 

PARLIAMENT OF VICTORIA Introduced in the Assembly Evidence Amendment (Journalist Privilege) Bill 2012 A Bill for an Act to amend the Evidence Act 2008 to provide for journalist privilege and other matters, to make consequential and other amendments to the Coroners Act 2008, the Evidence (Miscellaneous Provisions) Act 1958 and other Acts and for other purposes. The Parliament of Victoria enacts: PART 1--PRELIMINARY 1 Purposes The purposes of this Act are-- (a) to amend the Evidence Act 2008-- 5 (i) to provide for a journalist privilege; and (ii) to provide for mutual recognition of self-incrimination certificates issued under provisions in other jurisdictions which are equivalent to sections 128 571074B.I-6/6/2012 1 BILL LA INTRODUCTION 6/6/2012

 


 

Evidence Amendment (Journalist Privilege) Bill 2012 Part 1--Preliminary s. 2 and 128A of the Evidence Act 2008; and (iii) to implement other technical amendments approved by the Standing 5 Committee of Attorneys-General to bring the Evidence Act 2008 into line with the Model Uniform Evidence Bill; and (b) to amend the Coroners Act 2008 to apply 10 the privileges set out in Part 3.10 of the Evidence Act 2008 to investigations and inquests; and (c) to make minor amendments to the Evidence (Miscellaneous Provisions) Act 1958; and 15 (d) to make necessary consequential and other amendments to those and other Acts and provide for transitional arrangements. 2 Commencement (1) Subject to subsection (2), this Act comes into 20 operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 January 2013, it comes into operation on that day. __________________ 571074B.I-6/6/2012 2 BILL LA INTRODUCTION 6/6/2012

 


 

Evidence Amendment (Journalist Privilege) Bill 2012 Part 2--Amendments to the Evidence Act 2008 s. 3 PART 2--AMENDMENTS TO THE EVIDENCE ACT 2008 3 New Division 1C of Part 3.10 inserted After Division 1B of Part 3.10 of the Evidence See: Act No. Act 2008 insert-- 47/2008. Reprint No. 1 as at 5 "Division 1C--Journalist privilege 1 January 2011 126J Definitions and amending (1) In this Division-- Act No. 29/2011. informant means a person who gives LawToday: www. information to a journalist in the normal legislation. 10 course of the journalist's work in the vic.gov.au expectation that the information may be published in a news medium; journalist means a person engaged in the profession or occupation of journalism 15 in connection with the publication of information, comment, opinion or analysis in a news medium; news medium means a medium for the dissemination to the public or a section 20 of the public of news and observations on news. (2) For the purpose of the definition of journalist, in determining if a person is engaged in the profession or occupation of 25 journalism regard must be had to the following factors-- (a) whether a significant proportion of the person's professional activity involves-- 30 (i) the practice of collecting and preparing information having the character of news or current affairs; or 571074B.I-6/6/2012 3 BILL LA INTRODUCTION 6/6/2012

 


 

Evidence Amendment (Journalist Privilege) Bill 2012 Part 2--Amendments to the Evidence Act 2008 s. 3 (ii) commenting or providing opinion on or analysis of news or current affairs-- for dissemination in a news medium; 5 (b) whether information, having the character of news or current affairs, collected and prepared by the person is regularly published in a news medium; (c) whether the person's comments or 10 opinion on or analysis of news or current affairs is regularly published in a news medium; (d) whether, in respect of the publication of-- 15 (i) any information collected or prepared by the person; or (ii) any comment or opinion on or analysis of news or current affairs by the person-- 20 the person or the publisher of the information, comment, opinion or analysis is accountable to comply (through a complaints process) with recognised journalistic or media 25 professional standards or codes of practice. 126K Journalist privilege relating to identity of informant (1) If a journalist, in the course of the journalist's 30 work, has promised an informant not to disclose the informant's identity, neither the journalist nor his or her employer is compellable to give evidence that would disclose the identity of the informant or 35 enable that identity to be ascertained. 571074B.I-6/6/2012 4 BILL LA INTRODUCTION 6/6/2012

 


 

Evidence Amendment (Journalist Privilege) Bill 2012 Part 2--Amendments to the Evidence Act 2008 s. 4 (2) The court may, on the application of a party, order that subsection (1) is not to apply if it is satisfied that, having regard to the issues to be determined in the proceeding, the public 5 interest in the disclosure of the identity of the informant outweighs-- (a) any likely adverse effect of the disclosure on the informant or any other person; and 10 (b) the public interest in the communication of facts and opinion to the public by the news media and, accordingly also, in the ability of the news media to access sources of facts. 15 (3) An order under subsection (2) may be made subject to such terms and conditions (if any) as the court thinks fit.". 4 Privilege in respect of self-incrimination in other proceedings 20 (1) In section 128(3) of the Evidence Act 2008-- (a) for "If" substitute "Subject to subsection (4), if"; and (b) after "court" (where secondly occurring) insert "is not to require the witness to give 25 the evidence, and". (2) In section 128(7)(b) of the Evidence Act 2008, before "any" insert "evidence of". (3) After section 128(11) of the Evidence Act 2008 insert-- 30 "(12) If a person has been given a certificate under a prescribed State or Territory provision in respect of evidence given by a person in a proceeding in a State or Territory court, the certificate has the same effect, in a 571074B.I-6/6/2012 5 BILL LA INTRODUCTION 6/6/2012

 


 

Evidence Amendment (Journalist Privilege) Bill 2012 Part 2--Amendments to the Evidence Act 2008 s. 5 proceeding to which this subsection applies, as if it had been given under this section. (13) For the purposes of subsection (12), a prescribed State or Territory provision is a 5 provision of a law of a State or Territory declared by the regulations to be a prescribed State or Territory provision for the purposes of that subsection. (14) Subsection (12) applies to a proceeding in 10 relation to which this Act applies because of section 4, other than a proceeding for an offence against a law of the Commonwealth or for the recovery of a civil penalty under a law of the Commonwealth.". 15 (4) For note 3 at the foot of section 128 of the Evidence Act 2008 substitute-- "3 Section 128(12) to (14) of the Commonwealth Act gives effect to certificates in relation to self- incriminating evidence under this Act in proceedings in 20 federal and ACT courts and in prosecutions for Commonwealth and ACT offences.". 5 Privilege in respect of self-incrimination--exception for certain orders etc. After section 128A(10) of the Evidence Act 2008 25 insert-- "(11) If a person has been given a certificate under a prescribed State or Territory provision in respect of information of a kind referred to in subsection (6)(a), the certificate has the same 30 effect, in a proceeding to which this subsection applies, as if it had been given under this section. (12) For the purposes of subsection (11), a prescribed State or Territory provision is a 35 provision of a law of a State or Territory declared by the regulations to be a prescribed 571074B.I-6/6/2012 6 BILL LA INTRODUCTION 6/6/2012

 


 

Evidence Amendment (Journalist Privilege) Bill 2012 Part 2--Amendments to the Evidence Act 2008 s. 6 State or Territory provision for the purposes of that subsection. (13) Subsection (11) applies to a proceeding in relation to which this Act applies because of 5 section 4, other than a proceeding for an offence against a law of the Commonwealth or for the recovery of a civil penalty under a law of the Commonwealth.". 6 Application of Part to preliminary proceedings of 10 courts In section 131A(1)(a) of the Evidence Act 2008, for "Division 1 or 3" substitute "Division 1, 1C or 3". 7 Definition of admission 15 In Part 1 of the Dictionary to the Evidence Act 2008, in the definition of admission, in paragraph (a), for "a defendant" substitute "an accused". 8 Unavailability of persons 20 For clause 4(1) of Part 2 of the Dictionary to the Evidence Act 2008 substitute-- "(1) For the purposes of this Act, a person is taken not to be available to give evidence about a fact if-- 25 (a) the person is dead; or (b) the person is, for any reason other than the application of section 16 (Competence and compellability-- judges and jurors), not competent to 30 give the evidence; or (c) the person is mentally or physically unable to give the evidence and it is not reasonably practicable to overcome that inability; or 571074B.I-6/6/2012 7 BILL LA INTRODUCTION 6/6/2012

 


 

Evidence Amendment (Journalist Privilege) Bill 2012 Part 2--Amendments to the Evidence Act 2008 s. 9 (d) it would be unlawful for the person to give the evidence; or (e) a provision of this Act prohibits the evidence being given; or 5 (f) all reasonable steps have been taken, by the party seeking to prove the person is not available, to find the person or secure his or her attendance, but without success; or 10 (g) all reasonable steps have been taken, by the party seeking to prove the person is not available, to compel the person to give the evidence, but without success.". 15 9 References to de facto partners In clause 11(6) of Part 2 of the Dictionary to the Evidence Act 2008, for "registered relationship" substitute "registered domestic relationship". 10 New Part 3 of Schedule 2 inserted 20 After Part 2 of Schedule 2 to the Evidence Act 2008 insert-- "PART 3--TRANSITIONAL PROVISIONS FOR EVIDENCE AMENDMENT (JOURNALIST PRIVILEGE) ACT 2012 25 17 Definitions In this Part-- 2012 Act means the Evidence Amendment (Journalist Privilege) Act 2012. 18 Application of Division 1C of Part 3.10 30 (1) Except as otherwise provided by this Schedule, the amendment made to Part 3.10 of this Act by section 3 of the 2012 Act 571074B.I-6/6/2012 8 BILL LA INTRODUCTION 6/6/2012

 


 

Evidence Amendment (Journalist Privilege) Bill 2012 Part 2--Amendments to the Evidence Act 2008 s. 10 applies to any proceeding commenced on or after the commencement of that section. (2) Except as otherwise provided by this Schedule, in the case of any proceeding that 5 commenced before the commencement of section 3 of the 2012 Act, the amendment made to Part 3.10 of this Act by that section applies to that part of the proceeding that takes place on or after the commencement of 10 that section, other than any hearing in the proceeding that commenced before the commencement of that section and-- (a) continued on or after the commencement of that section; or 15 (b) was adjourned until the commencement of that section or a day after the commencement of that section. 19 Application of Division 1C of Part 3.10 to disclosure requirements 20 (1) The amendment made to Part 3.10 of this Act by section 3 of the 2012 Act does not apply in respect of-- (a) a disclosure requirement issued or ordered before the commencement of 25 section 3 of that Act; or (b) a disclosure requirement issued or ordered on or after the commencement of section 3 of that Act to give evidence or produce documents at a hearing to 30 which clause 18(2)(a) or (b) applies. (2) Despite subclause (1)(a), the amendment made to Part 3.10 of this Act by section 3 of the 2012 Act applies to a disclosure requirement issued or ordered before the 35 commencement of section 3 of that Act if the evidence is to be given at a hearing to which 571074B.I-6/6/2012 9 BILL LA INTRODUCTION 6/6/2012

 


 

Evidence Amendment (Journalist Privilege) Bill 2012 Part 2--Amendments to the Evidence Act 2008 s. 10 the amendment made by section 3 of that Act applies. (3) In this section, disclosure requirement has the same meaning as in section 131A. 5 20 Certificate given to a witness before commencement (1) The amendment made to section 128 by section 4(3) and (4) of the 2012 Act has effect on and from the commencement of 10 that section with respect to the giving of a certificate under a prescribed State or Territory provision that has occurred before the commencement of that section. (2) The amendment made to section 128A by 15 section 5 of the 2012 Act has effect on and from the commencement of that section with respect to the giving of a certificate under a prescribed State or Territory provision that has occurred before the commencement of 20 that section.". __________________ 571074B.I-6/6/2012 10 BILL LA INTRODUCTION 6/6/2012

 


 

Evidence Amendment (Journalist Privilege) Bill 2012 Part 3--Amendments to the Coroners Act 2008 s. 11 PART 3--AMENDMENTS TO THE CORONERS ACT 2008 11 New section inserted after section 42 After section 42 of the Coroners Act 2008 See: Act No. insert-- 77/2008. Reprint No. 1 5 "42A Privileges in relation to investigations as at 21 July 2011. Part 3.10 of the Evidence Act 2008 (except LawToday: www. sections 128, 128A and 131A) applies to legislation. investigations of deaths and fires.". vic.gov.au 12 Privileges in relation to inquests 10 For section 58 of the Coroners Act 2008 substitute-- "58 Privileges in relation to inquests Part 3.10 of the Evidence Act 2008 (except sections 128, 128A and 131A) applies to 15 inquests.". 13 New clause 21 of Schedule 1 to the Coroners Act 2008 inserted After clause 20 of Schedule 1 to the Coroners Act 2008 insert-- 20 "21 Transitional provisions--Evidence Amendment (Journalist Privilege) Act 2012 (1) If an investigation has commenced but is not completed immediately before the 25 commencement of section 11 of the 2012 Act, the amendment made to this Act by that section applies to the investigation on and from that commencement. (2) If the hearing of an inquest has commenced 30 but is not completed immediately before the commencement of section 12 of the 2012 Act, this Act applies to the hearing of the inquest on and from that commencement as 571074B.I-6/6/2012 11 BILL LA INTRODUCTION 6/6/2012

 


 

Evidence Amendment (Journalist Privilege) Bill 2012 Part 3--Amendments to the Coroners Act 2008 s. 13 if the amendment made by that section were not in force. (3) If an investigation is re-opened under section 77(2) after the commencement of 5 sections 11 and 12 of the 2012 Act, and there has previously been an inquest in relation to the investigation to which section 58 as substituted by section 12 of the 2012 Act did not apply, this Act applies to the re-opened 10 investigation as if sections 11 and 12 of the 2012 Act were not in force. (4) In this clause, 2012 Act means the Evidence Amendment (Journalist Privilege) Act 2012.". __________________ 571074B.I-6/6/2012 12 BILL LA INTRODUCTION 6/6/2012

 


 

Evidence Amendment (Journalist Privilege) Bill 2012 Part 4--Amendments to the Evidence (Miscellaneous Provisions) Act 1958 s. 14 PART 4--AMENDMENTS TO THE EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958 14 Power to send for witnesses and documents At the end of section 17 of the Evidence See: Act No. 5 (Miscellaneous Provisions) Act 1958 insert-- 6246. Reprint No. 17 "(2) A person is not, in relation to a commission, as at 1 January entitled to the privilege provided for in 2010 Division 1C of Part 3.10 of the Evidence and amending Act 2008.". Act Nos 7/2010, 13/2010, 53/2010, 36/2011, 65/2011, 4/2012 and 19/2012. LawToday: www. legislation. vic.gov.au 10 15 Guiding principles In section 32AB of the Evidence (Miscellaneous Provisions) Act 1958 omit "Division 3 and". 16 Regulations 15 Section 152(1) of the Evidence (Miscellaneous Provisions) Act 1958 is repealed. __________________ 571074B.I-6/6/2012 13 BILL LA INTRODUCTION 6/6/2012

 


 

Evidence Amendment (Journalist Privilege) Bill 2012 Part 5--Amendments to the Independent Broad-based Anti-corruption s. 17 Commission Act 2011 PART 5--AMENDMENTS TO THE INDEPENDENT BROAD- BASED ANTI-CORRUPTION COMMISSION ACT 2011 17 Definition of privilege See: In paragraph (a) the definition of privilege in Act No. 5 66/2011 section 3(1) of the Independent Broad-based and Anti-corruption Commission Act 2011, after amending Act Nos "court or tribunal" insert ", other than the 66/2011, privilege provided for in Division 1C of Part 3.10 70/2011, 13/2012 and of the Evidence Act 2008". 28/2012. Statute Book: www. legislation. vic.gov.au 10 18 New section inserted after section 67 After section 67 of the Independent Broad- based Anti-corruption Commission Act 2011 insert-- "67A Journalist privilege does not apply 15 A person is not, in relation to the exercise of a power under this Part, entitled to the privilege provided for in Division 1C of Part 3.10 of the Evidence Act 2008.". 19 New section inserted after section 82ZC 20 After section 82ZC of the Independent Broad- based Anti-corruption Commission Act 2011 insert-- "82ZCA Journalist privilege does not apply A person is not, in relation to an examination 25 or witness summons, entitled to the privilege provided for in Division 1C of Part 3.10 of the Evidence Act 2008.". __________________ 571074B.I-6/6/2012 14 BILL LA INTRODUCTION 6/6/2012

 


 

Evidence Amendment (Journalist Privilege) Bill 2012 Part 6--Amendments to the Major Crime (Investigative Powers) Act 2004 s. 20 PART 6--AMENDMENTS TO THE MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 20 Application of privileges and provision of information, documents 5 (1) For the heading to section 63 of the Major Crime See: Act No. (Investigative Powers) Act 2004 substitute-- 79/2004. Reprint No. 2 "Application of privileges and provision of as at 2 April 2009 information, documents". and amending (2) After section 63(2) of the Major Crime Act Nos 10 (Investigative Powers) Act 2004 insert-- 3/2009, 69/2009, "(2A) A person is not, in relation to a requirement 87/2009, 67/2011, by the Special Investigations Monitor to 72/2011 and answer a question, provide information or 13/2012. LawToday: produce a document or other thing, entitled www. 15 to the privilege provided for in Division 1C legislation. vic.gov.au of Part 3.10 of the Evidence Act 2008.". (3) In section 63(3) of the Major Crime (Investigative Powers) Act 2004, for "subsections (1) and (2)" substitute 20 "subsections (1), (2) and (2A)". __________________ 571074B.I-6/6/2012 15 BILL LA INTRODUCTION 6/6/2012

 


 

Evidence Amendment (Journalist Privilege) Bill 2012 Part 7--Amendments to the Ombudsman Act 1973 s. 21 PART 7--AMENDMENTS TO THE OMBUDSMAN ACT 1973 21 Evidence See: (1) After section 18(4) of the Ombudsman Act 1973 Act No. 8414. insert-- Reprint No. 8 5 as at "(4A) A person is not, in relation to an 7 March 2008 and investigation under this Act, entitled to the amending privilege provided for in Division 1C of Act Nos 65/2007, Part 3.10 of the Evidence Act 2008.". 34/2008, 27/2009, (2) In section 18(5) of the Ombudsman Act 1973, 10 69/2009, for "subsections (3) and (4)" substitute 29/2011, 66/2011, "subsections (3), (4) and (4A)". 70/2011, 72/2011 and 6/2012. LawToday: www. legislation. vic.gov.au __________________ 571074B.I-6/6/2012 16 BILL LA INTRODUCTION 6/6/2012

 


 

Evidence Amendment (Journalist Privilege) Bill 2012 Part 8--Amendments to the Police Integrity Act 2008 s. 22 PART 8--AMENDMENTS TO THE POLICE INTEGRITY ACT 2008 22 New section inserted after section 69 After section 69 of the Police Integrity Act 2008 See: Act No. 5 insert-- 34/2008 and "69A Journalist privilege does not apply amending Act Nos A person is not, in relation to an examination 34/2008, 60/2008, or a witness summons, entitled to the 25/2009, privilege provided for in Division 1C of 55/2009, 69/2009, 10 Part 3.10 of the Evidence Act 2008.". 13/2010, 29/2011 and 13/2012. LawToday: www. legislation. vic.gov.au __________________ 571074B.I-6/6/2012 17 BILL LA INTRODUCTION 6/6/2012

 


 

Evidence Amendment (Journalist Privilege) Bill 2012 Part 9--Amendments to the Road Safety Act 1986 s. 23 PART 9--AMENDMENTS TO THE ROAD SAFETY ACT 1986 23 Provisions about cancellation and disqualification See: After section 50(5A) of the Road Safety Act Act No. 127/1986. 1986 insert-- Reprint No. 14 5 as at "(5B) To avoid doubt, a proceeding under 27 April 2012 and subsection (5) is a proceeding that relates to amending sentencing for the purposes of section 4(2) of Act Nos 19/1991, the Evidence Act 2008.". 63/2010, 32/2011, 34/2011, 65/2011 and 21/2012. LawToday: www. legislation. vic.gov.au 24 When an alcohol interlock condition can be 10 removed After section 50AAB(7) of the Road Safety Act 1986 insert-- "(8) To avoid doubt, a proceeding under subsection (6) is a proceeding that relates to 15 sentencing for the purposes of section 4(2) of the Evidence Act 2008.". __________________ 571074B.I-6/6/2012 18 BILL LA INTRODUCTION 6/6/2012

 


 

Evidence Amendment (Journalist Privilege) Bill 2012 Part 10--Amendments to the Victorian Inspectorate Act 2011 s. 25 PART 10--AMENDMENTS TO THE VICTORIAN INSPECTORATE ACT 2011 25 Definition of privilege In paragraph (a) of the definition of privilege in See: Act No. 5 section 3(1) of the Victorian Inspectorate Act 70/2011 2011, after "court or tribunal" insert ", other than and amending the privilege provided for in Division 1C of Act Nos Part 3.10 of the Evidence Act 2008". 70/2011, 19/2012 and 28/2012. Statute Book: www. legislation. vic.gov.au 26 New section inserted after section 33S 10 After section 33S of the Victorian Inspectorate Act 2011 insert-- "33SA Journalist privilege does not apply A person is not, in relation to the exercise of a power under this Part, entitled to the 15 privilege provided for in Division 1C of Part 3.10 of the Evidence Act 2008.". __________________ 571074B.I-6/6/2012 19 BILL LA INTRODUCTION 6/6/2012

 


 

Evidence Amendment (Journalist Privilege) Bill 2012 Part 11--Amendments to the Whistleblowers Protection Act 2001 s. 27 PART 11--AMENDMENTS TO THE WHISTLEBLOWERS PROTECTION ACT 2001 27 New section inserted after section 10 See: After section 10 of the Whistleblowers Act No. 5 36/2001. Protection Act 2001 insert-- Reprint No. 2 as at "10A Journalist privilege does not apply 15 January 2009 A person is not, in relation to a disclosure and amending made under this Part, entitled to the privilege Act Nos provided for in Division 1C of Part 3.10 of 36/2001, 10 69/2009, the Evidence Act 2008.". 66/2011, 70/2011 and 72/2011. LawToday: www. legislation. vic.gov.au 28 New section inserted after section 56 After section 56 of the Whistleblowers Protection Act 2001 insert-- "56A Journalist privilege does not apply 15 A person is not, in relation to the exercise of a power under this Part, entitled to the privilege provided for in Division 1C of Part 3.10 of the Evidence Act 2008.". __________________ 571074B.I-6/6/2012 20 BILL LA INTRODUCTION 6/6/2012

 


 

Evidence Amendment (Journalist Privilege) Bill 2012 Part 12--Repeal s. 29 PART 12--REPEAL 29 Repeal of amending Act This Act is repealed on 1 January 2014. Note 5 The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). 571074B.I-6/6/2012 21 BILL LA INTRODUCTION 6/6/2012

 


 

Evidence Amendment (Journalist Privilege) Bill 2012 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 571074B.I-6/6/2012 22 BILL LA INTRODUCTION 6/6/2012