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Adoption Act 2009
sec.315Publishing identifying material
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### sec.315 Publishing identifying material
This section applies to material ( identifying material ) that identifies, or is likely to lead to the identification of, a person as—
a party, or relative of a party, to an adoption; or
a party, or relative of a party, to a court proceeding relating to an adoption; or
a person whose consent to an adoption is or was required.
A person must not publish identifying material unless—
the publication is made with the written approval of the chief executive; or
written consent to the publication has been given, for each identified person, by—
for an identified person who is an adult—that person; or
for an identified person who is a child other than a proposed adoptee—a parent of the child; or
for an identified person who is a proposed adoptee in the custody of a person under an interim order or under part 9 , division 3 —the person with custody of the child; or
for an identified person who is a proposed adoptee other than as mentioned in subparagraph (iii) —the chief executive.
Maximum penalty—
for an individual—100 penalty units or 2 years imprisonment; or
for a corporation—1,000 penalty units.
For this section, a child is a proposed adoptee if consent to the child’s adoption has been given by each person whose consent is required before the proposed adoption order may be made.
In this section—
adoption includes proposed adoption.
identified person , in relation to published material, means a person identified by the material as a person mentioned in subsection (1) (a) to (c) .
publish means publish to the public by television, radio, the internet, newspaper, periodical, notice, circular or other form of communication.
(sec.315-ssec.1) This section applies to material ( identifying material ) that identifies, or is likely to lead to the identification of, a person as— a party, or relative of a party, to an adoption; or a party, or relative of a party, to a court proceeding relating to an adoption; or a person whose consent to an adoption is or was required.
(sec.315-ssec.2) A person must not publish identifying material unless— the publication is made with the written approval of the chief executive; or written consent to the publication has been given, for each identified person, by— for an identified person who is an adult—that person; or for an identified person who is a child other than a proposed adoptee—a parent of the child; or for an identified person who is a proposed adoptee in the custody of a person under an interim order or under part 9 , division 3 —the person with custody of the child; or for an identified person who is a proposed adoptee other than as mentioned in subparagraph (iii) —the chief executive. Maximum penalty— for an individual—100 penalty units or 2 years imprisonment; or for a corporation—1,000 penalty units.
(sec.315-ssec.3) For this section, a child is a proposed adoptee if consent to the child’s adoption has been given by each person whose consent is required before the proposed adoption order may be made.
(sec.315-ssec.4) In this section— adoption includes proposed adoption. identified person , in relation to published material, means a person identified by the material as a person mentioned in subsection (1) (a) to (c) . publish means publish to the public by television, radio, the internet, newspaper, periodical, notice, circular or other form of communication.
- (a) a party, or relative of a party, to an adoption; or
- (b) a party, or relative of a party, to a court proceeding relating to an adoption; or
- (c) a person whose consent to an adoption is or was required.
- (a) the publication is made with the written approval of the chief executive; or
- (b) written consent to the publication has been given, for each identified person, by— (i) for an identified person who is an adult—that person; or (ii) for an identified person who is a child other than a proposed adoptee—a parent of the child; or (iii) for an identified person who is a proposed adoptee in the custody of a person under an interim order or under part 9 , division 3 —the person with custody of the child; or (iv) for an identified person who is a proposed adoptee other than as mentioned in subparagraph (iii) —the chief executive.
- (i) for an identified person who is an adult—that person; or
- (ii) for an identified person who is a child other than a proposed adoptee—a parent of the child; or
- (iii) for an identified person who is a proposed adoptee in the custody of a person under an interim order or under part 9 , division 3 —the person with custody of the child; or
- (iv) for an identified person who is a proposed adoptee other than as mentioned in subparagraph (iii) —the chief executive.
- (i) for an identified person who is an adult—that person; or
- (ii) for an identified person who is a child other than a proposed adoptee—a parent of the child; or
- (iii) for an identified person who is a proposed adoptee in the custody of a person under an interim order or under part 9 , division 3 —the person with custody of the child; or
- (iv) for an identified person who is a proposed adoptee other than as mentioned in subparagraph (iii) —the chief executive.
- (a) for an individual—100 penalty units or 2 years imprisonment; or
- (b) for a corporation—1,000 penalty units.