NTIn ForceAct
Misuse of Drugs Act 1990
26Power to prohibit publication of proceedings
Start here
Get a plain-English read of 26
Turn the raw legal text into a practical explanation grounded in Misuse of Drugs Act 1990.
26 Power to prohibit publication of proceedings
(1) In proceedings for an offence against Part II, the following may
make an order prohibiting the publication of the whole or any part of
the proceedings, or the name and address of any witness, that
remains in force for the period specified in the order:
(a) the Local Court;
(b) if the defendant has been committed for trial or sentence – the
Supreme Court.
(2) The application is to be heard in the presence of only such persons
as the court thinks fit.
(3) On the hearing of the application under subsection (2) the court
may receive and act on such information as the court thinks fit.
(4) When considering an application under subsection (2) regard shall
be had to:
(a) the safety of any person;
(b) the extent to which the detection of offences of a like nature
may be affected; and
(c) the need to guarantee the confidentiality of information given
by an informer.
(5) A person commits an offence if:
(b) the conduct results in the contravention of an order made
under subsection (1) and the person is reckless in relation to
the result.