Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020
sec.104Publishing identifying material
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sec.104 Publishing identifying material
This section applies to material ( identifying material ) that is confidential information or other information that identifies, or is likely to lead to the identification of, a person as— a party, or relative of a party, to an application for a cultural recognition order; or a party, or relative of a party, to a court proceeding relating to an application for a discharge order; or a person whose consent to an application for a cultural recognition order is or was required. A person must not publish identifying material unless written consent to the publication has been given, for each identified person, by— for an identified person who is a child the subject of a cultural recognition order or an application for a cultural recognition order—the birth parents and the cultural parents of the child; or for an identified person who is an adult—that person. Maximum penalty— for an individual—100 penalty units or 2 years imprisonment; or for a corporation—1,000 penalty units. In this section— identified person , in relation to identifying 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.104-ssec.1) This section applies to material ( identifying material ) that is confidential information or other information that identifies, or is likely to lead to the identification of, a person as— a party, or relative of a party, to an application for a cultural recognition order; or a party, or relative of a party, to a court proceeding relating to an application for a discharge order; or a person whose consent to an application for a cultural recognition order is or was required. (sec.104-ssec.2) A person must not publish identifying material unless written consent to the publication has been given, for each identified person, by— for an identified person who is a child the subject of a cultural recognition order or an application for a cultural recognition order—the birth parents and the cultural parents of the child; or for an identified person who is an adult—that person. Maximum penalty— for an individual—100 penalty units or 2 years imprisonment; or for a corporation—1,000 penalty units. (sec.104-ssec.3) In this section— identified person , in relation to identifying 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 application for a cultural recognition order; or
- (b) a party, or relative of a party, to a court proceeding relating to an application for a discharge order; or