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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 50
As laid on the table and read a first time,
Evidence
(Suppression Orders) Amendment Bill 2006
A Bill For
An Act to amend the Evidence Act 1929.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Evidence
Act 1929
4 Amendment of section 69A—Suppression
orders
5 Insertion of sections 69AB and 69AC
69AB Review of suppression orders
69AC Appeal against suppression order etc
6 Amendment of section 70—Disobedience
to orders under this Division
7 Amendment of section 71A—Restriction
on reporting proceedings relating to sexual offences
8 Amendment of section 71B—Publishers
required to report result of certain proceedings
9 Amendment of
section 71C—Restriction on reporting of proceedings following acquittals
The Parliament of
This Act may be cited as the Evidence (Suppression Orders)
Amendment Act 2006.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Evidence Act 1929
4—Amendment of section 69A—Suppression orders
(1) Section 69A(2)—delete
subsection (2) and substitute:
(2) If a court is considering whether to make a
suppression order (other than an interim suppression order), the court—
(a) must
recognise that a primary objective in the administration of justice is to
safeguard the public interest in open justice and the consequential right of
the news media to publish information relating to court proceedings; and
(b) may only make a suppression order if satisfied that special
circumstances exist giving rise to a sufficiently serious threat of prejudice
to the proper administration of justice, or undue hardship, to justify the
making of the order in the particular case.
(2) Section 69A(8) to
(14) (inclusive)—delete subsections (8) to (14) inclusive and substitute:
(8) If a court makes a suppression order, the
court must—
(a) immediately forward to the Registrar a copy of the order;
and
(b) except in the case of an interim suppression order—within 30 days,
forward to the Attorney-General a report setting out—
(i) the terms of the
order; and
(ii) the name of any person whose name is suppressed from
publication; and
(iii) a transcript or other record of any evidence suppressed from
publication; and
(iv) full particulars of the reasons for which the order was
made.
(9) If
a court orders the variation or revocation of a suppression order, the court
must immediately forward a copy of the order to the Registrar.
(10) The Registrar—
(a) will establish and maintain a register of all suppression
orders; and
(b) will, immediately after receiving a copy of a suppression
order, or an order for the variation or revocation of a suppression order,
enter the order in the register; and
(c) will, when an order is entered in the
register, immediately transmit by fax, email or other electronic means notice
of the order to the nominated address of the nominated representative of each
authorised member of the news media.
(11) The
register will be made available for inspection by members of the public free of
charge during ordinary office hours.
(12) Without
limiting the ways in which notice of a suppression order, or an order varying
or revoking a suppression order, may be given, the entry of such an order in
the register is notice to the news media and the public generally (within and
outside the State) of the making and terms of the order.
(13) In this section—
authorised member of the news media means a member of the news media who has
been authorised by the Chief Justice, at the Chief Justice's discretion, to
receive, through the member's nominated representative, notices under
subsection (10)(c);
nominated address of a nominated representative means the fax number, email
address or other address for the receipt of electronic communications nominated
by the representative as the address to which notices may be sent to the
representative by the Registrar under subsection (10)(c);
nominated representative of an authorised member of the news media
means a person—
(a) who is nominated by the authorised member of the news media
to be the member's representative for the purposes of subsection (10)(c);
and
(b) who has given the Registrar a notice specifying the
representative's nominated address; and
(c) who has paid the relevant fee or fees (which may consist of,
or include, periodic fees) fixed by the regulations;
Registrar means a person to whom the functions of the Registrar under this
section are assigned by the Attorney-General.
5—Insertion of sections 69AB and 69AC
After section 69A insert:
69AB—Review
of suppression orders
(1) Subject to the regulations, a suppression
order becomes liable to review as follows:
(a) if the order relates to criminal proceedings and is in force
at the time, the order becomes liable to review as follows:
(i) on the completion
or termination of a preliminary examination;
(ii) on the withdrawal of a charge after the completion of a
preliminary examination;
(iii) on the acquittal of the defendant;
(iv) when an appeal against conviction or sentence has been determined
or all rights to appeal against conviction or sentence have been exhausted or
expired;
(v) on the defendant being declared under Part 8A of the Criminal
Law Consolidation Act 1935 to be liable to supervision;
(vi) in any other case—when the proceedings are otherwise
concluded or terminated,
(and, if more than 1 such occasion for review occurs in the course
of the same proceedings, the order becomes liable to review on each such
occasion);
(b) if the order relates to a coronial inquest, the order becomes
liable to review when the coroner gives his or her findings on the inquest;
(c) if the order relates to civil proceedings, the order becomes
liable to review when the court gives its judgment in the proceedings or the
proceedings are settled or withdrawn.
(2) When
a suppression order becomes liable to review, the court that made the order
must conduct a review as soon as practicable.
(3) The following persons are entitled to be
heard on a review:
(a) the applicant for the suppression order;
(b) a party to the proceedings in which the suppression order
was made;
(c) a representative of a newspaper or a radio or television
station;
(d) any other person who has, in the opinion of the court, a
proper interest in the matters to be considered on the review.
(4) On
a review, the court may confirm, vary or revoke the suppression order.
69AC—Appeal
against suppression order etc
(1) An appeal lies against—
(a) a suppression order or a decision by a court not to make a
suppression order; or
(b) the variation or revocation of a suppression order or a
decision by a court not to vary or revoke a suppression order; or
(c) a decision by a court on the review of a suppression order.
(2) Any of the following persons is entitled to
bring, or to be heard on, an appeal under this section:
(a) the applicant for the suppression order;
(b) a party to the proceedings in which the order or decision
subject to appeal was made;
(c) a representative of a newspaper or a radio or television
station;
(d) a person who appeared in proceedings before the primary
court related to the making or review of the suppression order;
(e) a person who—
(i) did not appear in proceedings before the
primary court related to the making or review of the suppression order but has,
in the opinion of the appellate court, a proper interest in the subject matter
of the appeal or proposed appeal; and
(ii) satisfies the appellate court that the failure to appear in
the proceedings before the primary court is not attributable to a lack of
proper diligence.
6—Amendment of section 70—Disobedience to orders under this Division
Section 70(1)—delete subsection (1) and
substitute:
(1) If
a person disobeys an order under this Division and the court by which the order
was made has power to punish for contempt, the person is guilty of a contempt of the court.
(1a) If a person
disobeys an order under this Division, whether or not the court by which the
order was made has power to punish for contempt, the person is guilty of an
offence.
Maximum penalty:
(a) in the case of a natural person—$10 000 or imprisonment
for 2 years;
(b) in the case of a body corporate—$120 000.
7—Amendment of section 71A—Restriction on reporting proceedings relating to sexual offences
(1) Section 71A(1),
penalty provision—delete the penalty provision and substitute:
Maximum penalty:
(a) in the case of a natural person—$10 000;
(b) in the case of a body corporate—$120 000.
(2) Section 71A(2),
penalty provision—delete the penalty provision and substitute:
Maximum penalty:
(a) in the case of a natural person—$10 000;
(b) in the case of a body corporate—$120 000.
(3) Section 71A(4),
penalty provision—delete the penalty provision and substitute:
Maximum penalty:
(a) in the case of a natural person—$10 000;
(b) in the case of a body corporate—$120 000.
8—Amendment of section 71B—Publishers required to report result of certain proceedings
(1) Section 71B(2),
penalty provision—delete the penalty provision and substitute:
Maximum penalty:
(a) in the case of a natural person—$10 000;
(b) in the case of a body corporate—$120 000.
(2) Section 71B(3),
penalty provision—delete the penalty provision and substitute:
Maximum penalty:
(a) in the case of a natural person—$10 000;
(b) in the case of a body corporate—$120 000.
9—Amendment of section 71C—Restriction on reporting of proceedings following acquittals
Section 71C(1),
penalty provision—delete the penalty provision and substitute:
Maximum penalty:
(a) in the case of a natural person—$10 000;
(b) in the case of a body corporate—$120 000.