68ZRestrictions on publication

68Z Restrictions on publication (1) A person must not publish any matter that identifies or is capable of identifying an acquitted person— (a) who is being retried for an offence as a result of an order under section 68M (Court may order retrial—category A offence) or section 68N (Court may order retrial—category B offence); or (b) who is being tried for an administration of justice offence as a result of an order under section 68O (Court may order trial— administration of justice offence); or (c) who is the subject of— (i) a police investigation, or an application for a police investigation, under the Crimes Act 1900, section 252L (Authorisation of police investigations—acquitted person); or Note Procedure for a police investigation of an offence suspected to have been committed by a person acquitted of the offence are set out under the Crimes Act 1900, s 252L.

Miscellaneous Division 8AA.6 (ii) an application for a retrial, or trial for an administration of justice offence, or an order for retrial, or trial for an administration of justice offence, under this part. (2) However, subsection (1) does not apply if the publication is authorised by order of— (a) the court; or (b) a court before which the acquitted person is being retried, or tried for the administration of justice offence. (3) The relevant court may at any time vary or revoke an order under this section. (4) The prohibition on publication under this section ceases to have effect, subject to any order under this section, when whichever of the following happens first: (a) there is no longer any step that could be taken which would lead to the acquitted person being retried, or tried for the administration of justice offence, under this part; (b) if the acquitted person is retried, or tried for an administration of justice offence, under this part—the trial ends. (5) Nothing in this section affects any prohibition of the publication of any matter under any other law in force in the Territory. (6) A contravention of this section is punishable as contempt of the Supreme Court. 68ZA Maximum penalty for retrial offence (1) This section applies if an acquitted person is— (a) retried for a category A offence or a category B offence as a result of an order under division 8AA.3; and (b) found guilty of the offence.

(2) When imposing a sentence on the person for the offence, the court must not exceed the maximum penalty for the offence that applied at the time the person is alleged to have engaged in conduct that constituted the offence for which the person was acquitted and that was the subject of the application for the order. 68ZB Indemnification for costs (1) This section applies if— (a) an application is made to the court by the director of public prosecutions for an order under division 8AA.3 in relation to— (i) the retrial of an acquitted person under section 68M (Court may order retrial—category A offence); or (ii) the retrial of an acquitted person under section 68N (Court may order retrial—category B offence); or (iii) the trial of an acquitted person for an administration of justice offence under section 68O (Court may order trial— administration of justice offence); and (b) the acquitted person (the applicant) applies to the court for indemnification of the applicant’s costs incurred as a result of— (i) an application for an order mentioned in paragraph (a); or (ii) if the order is granted—a proceeding resulting from the (2) The court may make an order, subject to any conditions the court thinks appropriate, that the applicant is entitled to be indemnified for the costs mentioned in subsection (1) (b) (an indemnification order) if the court is satisfied that the order is in the interests of justice. (3) When deciding whether it is in the interests of justice to make an indemnification order the court may take into account the following: (a) whether the court makes an order mentioned in subsection (1) (a);