15APublishing and broadcasting of names prohibited

#### 15A Publishing and broadcasting of names prohibited 15A Publishing and broadcasting of names prohibited > > (1) The name of a person must not be published or broadcast in a way that connects the person with criminal proceedings if— > > > > > (a) the proceedings relate to the person and the person was a child when the offence to which the proceedings relate was committed, or > > > > > (b) the person appears as a witness in the proceedings and was a child when the offence to which the proceedings relate was committed (whether or not the person was a child when appearing as a witness), or > > > > > (c) the person is mentioned in the proceedings in relation to something that occurred when the person was a child, or > > > > > (d) the person is otherwise involved in the proceedings and was a child when so involved, or > > > > > (e) the person is a brother or sister of a victim of the offence to which the proceedings relate, and that person and the victim were both children when the offence was committed. > > > (2) This section applies only to the publication or broadcast of a person’s name to the public, or a section of the public, by publication in a newspaper or periodical publication, by radio or television broadcast or other electronic broadcast, by the Internet, or by any other means of dissemination. > > > (3) The publication of information to an Internet website that provides the opportunity for, or facilitates or enables, dissemination of information to the public or a section of the public (whether or not the particular publication results in the dissemination of information to the public or a section of the public) constitutes the publication of information to the public or a section of the public for the purposes of this section. > > > (4) This section applies to the publication or broadcast of the name of a person— > > > > > (a) whether the publication or broadcast occurs before or after the proceedings concerned are disposed of, and > > > > > (b) even if the person is no longer a child, or is deceased, at the time of the publication or broadcast. > > > (5) A reference in this Division to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person. > > > (6) A reference in this Division to a person who appears as a witness before a court in any criminal proceedings includes a reference to a child who gives evidence in the form of a recording in proceedings in accordance with Division 3 of Part 6 of Chapter 6 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209). > > > (6A) A reference in this Division to criminal proceedings includes a reference to a hearing under Part 4C of the [Children (Detention Centres) Act 1987](/view/html/inforce/current/act-1987-057). > > > (7) A person who publishes or broadcasts the name of any person the publication or broadcasting of which is prohibited by this section is guilty of an offence. > > > > Maximum penalty—500 penalty units (in the case of a corporation) or 50 penalty units or imprisonment for 12 months, or both (in any other case). > > > (8) Proceedings for an offence against this section that are brought before the Local Court must be commenced within 2 years of the date of the alleged offence. > > **s 15A:** Ins 2009 No 81, Sch 1 \[3\]. Am 2017 No 57, Sch 4.1; 2018 No 34, Sch 3.1.