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COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 106

COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 106

106 .         Restriction on publication of identity of reportable offenders and victims

        (1)         A person must not, in relation to any proceedings relating to a protection order, publish —

            (a)         personal information relating to the person in respect of whom the order is sought or any such order is made;

            (b)         the name of any victim of a reportable offence committed by a reportable offender;

            (c)         the name of any particular person referred to as a person at risk because of the conduct proposed to be prohibited;

            (d)         any matter reasonably likely to enable a person referred to in paragraph (b) or (c) to be identified.

        Penalty: a fine of $12 000 and imprisonment for 2 years.

        (2)         Subsection (1) does not apply in relation to the publication of any matter with the authority of the court to which the application was made or any publication by a person of his or her name.

        (3)         Subsection (1) does not apply in relation to the publication of any matter to —

            (a)         the reportable offender; or

            (b)         a person specified, or of a class specified, in the order concerned; or

            (c)         a police officer or a member of a law enforcement agency of the Commonwealth or another State or a Territory in that police officer’s or member’s official capacity; or

            (d)         a person involved in the administration of the order; or

            (e)         a member of staff of a public authority involved in the assessment and management of the reportable offender; or

            (f)         a person for the purpose of an investigation of an alleged breach of the order or to a person involved in proceedings for any such breach; or

            (g)         any other person to whom the matter is required or authorised to be disclosed by or under any written or other law.

        [Section 106 amended: No. 54 of 2012 s. 42(2).]