130Adverse publicity orders

130 Adverse publicity orders

(1) If a court convicts a person, or finds a person guilty of an offence against this Act, the court may make an order (an adverse publicity order) in relation to the offender requiring the offender—

(a) to take either or both of the following actions within the period specified in the order—

(i) to publicise, in the way specified in the order, the offence, its consequences, the penalty imposed and any other related matter;

(ii) to notify a specified person or specified class of persons, in the way specified in the order, of the offence, its consequences, the penalty imposed and any other related matter; and

(b) to give the Secretary, within 7 days after the end of the period specified in the order, evidence that the action or actions were taken by the offender in accordance with the order.

(2) The court may make an adverse publicity order on its own initiative or on the application of the prosecutor.

(3) If the offender fails to give evidence to the Secretary in accordance with subsection (1)(b), the Secretary, or a person authorised in writing by the Secretary, may take the action or actions specified in the order.

(4) However, if—

(a) the offender gives evidence to the Secretary in accordance with subsection (1)(b); and

(b) despite that evidence, the Secretary is not satisfied that the offender has taken the action or actions specified in the order in accordance with the order—

the Secretary may apply to the court for an order authorising the Secretary, or a person authorised in writing by the Secretary, to take the action or actions.

(5) If the Secretary or a person authorised in writing by the Secretary takes an action or actions in accordance with subsection (3) or an order under subsection (4), the Secretary is entitled to recover from the offender, by action in a court of competent jurisdiction, an amount in respect of the reasonable expenses of taking the action or actions as a debt due to the Secretary.

(6) The court must not make an adverse publicity order unless it is satisfied that the costs of complying with the order do not exceed the maximum penalty amount that the court may impose on the offender for the offence concerned.

(7) The court may make an adverse publicity order in relation to an offender in addition to or instead of—

(a) imposing a penalty on the offender; or

(b) making any other order that the court may make in relation to the offence.