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ROYAL COMMISSIONS ACT 1968 - SECT 19B

ROYAL COMMISSIONS ACT 1968 - SECT 19B

19B .         Restrictions on recording and publication of proceedings

        (1)         In this section —

        publishes includes broadcasts;

        visual recording means any recording on any medium from which a moving image may be produced by any means, and includes the accompanying sound track.

        (2)         A person who makes a sound recording of proceedings of a Commission is in contempt of the Commission unless the recording is made —

            (a)         for the purpose of a fair report of the proceedings; or

            (b)         with the leave of the Commission.

        (3)         Subsection (2)(a) does not apply if the Commission has directed that a sound recording of the proceedings is not to be made.

        (4)         A person who photographs or makes a visual recording of proceedings of a Commission without the leave of the Commission is in contempt of the Commission.

        (5)         A person who, without the leave of a Commission, publishes —

            (a)         a sound recording of proceedings of the Commission made under subsection (2)(a);

            (b)         a photograph or visual recording of proceedings of the Commission;

            (c)         a written record or transcript of proceedings of the Commission, or of evidence given before the Commission, which the Commission has directed not to be published; or

            (d)         any documents, books or writings produced to or obtained by the Commission which the Commission has directed not to be published,

                is in contempt of the Commission.

        (6)         If the appointment of a Commission has ended, the Governor may give the leave referred to in subsection (5) and that subsection applies as if leave had been given by the Commission.

        (7)         If a contravention of subsection (5) occurs after the appointment of a Commission has ended, the contravention may be dealt with on the motion of the Attorney General as if the person concerned were in contempt of the Supreme Court and the Supreme Court has jurisdiction accordingly.

        [Section 19B inserted: No. 30 of 2006 s. 12.]