sec.103ZZWApplication for non-publication order, and notice of application

### sec.103ZZW Application for non-publication order, and notice of application This section applies if a defendant is charged with a prescribed sexual offence. An eligible person may apply to a Magistrates Court for an order (a non-publication order ) prohibiting the publication, before the defendant is committed for trial or sentence or sentenced on the charge, of identifying matter relating to the defendant. The applicant must give 3 business days’ notice of their intention to make the application to— the court; and each other eligible person. However, the court may hear an application for a non-publication order despite the failure of the applicant to give notice under subsection (3) if the court is satisfied— there is a good reason for notice not having been given under subsection (3) ; or it is in the interests of justice that the court hear the application without notice having been given under subsection (3) . Also, if the applicant is the defendant, notice to the complainant— must not be given personally by the defendant; and must be given by the prosecution giving a copy of the notice to the complainant or another person nominated to receive correspondence on the complainant’s behalf in relation to the matter. Notice under subsection (5) may be given by electronic communication. s 103ZZW ins 2024 No. 5 s 69 (sec.103ZZW-ssec.1) This section applies if a defendant is charged with a prescribed sexual offence. (sec.103ZZW-ssec.2) An eligible person may apply to a Magistrates Court for an order (a non-publication order ) prohibiting the publication, before the defendant is committed for trial or sentence or sentenced on the charge, of identifying matter relating to the defendant. (sec.103ZZW-ssec.3) The applicant must give 3 business days’ notice of their intention to make the application to— the court; and each other eligible person. (sec.103ZZW-ssec.4) However, the court may hear an application for a non-publication order despite the failure of the applicant to give notice under subsection (3) if the court is satisfied— there is a good reason for notice not having been given under subsection (3) ; or it is in the interests of justice that the court hear the application without notice having been given under subsection (3) . (sec.103ZZW-ssec.5) Also, if the applicant is the defendant, notice to the complainant— must not be given personally by the defendant; and must be given by the prosecution giving a copy of the notice to the complainant or another person nominated to receive correspondence on the complainant’s behalf in relation to the matter. (sec.103ZZW-ssec.6) Notice under subsection (5) may be given by electronic communication. - (a) the court; and - (b) each other eligible person. - (a) there is a good reason for notice not having been given under subsection (3) ; or - (b) it is in the interests of justice that the court hear the application without notice having been given under subsection (3) . - (a) must not be given personally by the defendant; and - (b) must be given by the prosecution giving a copy of the notice to the complainant or another person nominated to receive correspondence on the complainant’s behalf in relation to the matter.