111Restrictions on publication

111 Restrictions on publication

111 Restrictions on publication

(1) A person must not publish any matter for the purpose of identifying or having the effect of identifying—

(a) an acquitted person the subject of a police investigation referred to in section 109 (or of an application for authority for such an investigation), or

(b) an acquitted person the subject of an application for a retrial under Division 2 or an appeal under Division 3, or

(c) the acquitted person the subject of an order for retrial under this Part or who is being retried under this Part,

unless the publication is authorised by order of the Court of Criminal Appeal or of the court before which the acquitted person is being retried.

(2) The relevant court may make an order under this section only if the court is satisfied that it is in the interests of justice to do so.

(3) Before making an order under this section, the Court is to give the acquitted person a reasonable opportunity to be heard on the application for the order.

(4) The Court may at any time vary or revoke an order under this section.

(5) The prohibition on publication under this section ceases to have effect (subject to any order under this section)—

(a) when there is no longer any step that could be taken which would lead to the acquitted person being retried under this Part, or

(b) if the acquitted person is retried under this Part, at the conclusion of the trial,

whichever is the earliest.

(6) Nothing in this section affects any prohibition of the publication of any matter under any other Act or law.

(7) A contravention of the prohibition on publication under this section is punishable as contempt of the Supreme Court.

s 111: Ins 2006 No 69, Sch 1 [2].