130GExcluding non-essential persons from court when child exploitation material displayed

130G Excluding non-essential persons from court when child exploitation material displayed

[Section 130G Amended by No. 29 of 2005, s. 4, Applied:01 Aug 2005]

(1)  When material alleged to be child exploitation material is on display in court, the court may exclude from the court any person who is not an essential person.

(2)  For the purposes of subsection (1) , an "essential person" is –

(a) a party, or a person representing a party, to the proceeding in relation to the child exploitation material; or

(b) a Crown Law Officer or a person authorised by a Crown Law Officer; or

(c) the prosecutor; or

(d) a witness giving evidence; or

(e) a person who a witness is entitled to have present in court under the Evidence (Children and Special Witnesses) Act 2001 ; or

(f) a person whose presence is, in the court's opinion, necessary or desirable for the proper conduct of the proceeding; or

(g) a person who applies to the court to be present and whose presence, in the court's opinion –

(i) would serve a proper interest of the person; and

(ii) would not be prejudicial to the interests of any person under the age of 18 years described or depicted in the child exploitation material, whether or not any person under the age of 18 years can be identified from the child exploitation material.

(3)  When forming an opinion under subsection (2)(f) or (g) , the court is to consider the public benefit of limiting the number of persons with access to child exploitation material.