397AFRestrictions on publication

397AF Restrictions on publication

[Section 397AF Amended by No. 33 of 2008, s. 4, Applied:22 Oct 2008]

(1)  A person must not publish any matter for the purpose of identifying or having the effect of identifying an acquitted person who is being retried or tried for an administration of justice crime under this Chapter or who is the subject of –

(a) a police investigation, or an application for a police investigation, mentioned in section 397AE ; or

(b) an application for a retrial or trial for an administration of justice crime, or an order for retrial or trial for an administration of justice crime, under this chapter.

(2)  Subsection (1) does not apply if the publication is authorised by order of the Court or of the court before which the acquitted person is being retried or tried for the administration of justice crime.

(3)  The relevant court may make an order authorising publication only if the court is satisfied that it is in the interests of justice to make the order.

(4)  Before making an order under this section, the relevant court must give the acquitted person a reasonable opportunity to be heard on the application for the order.

(5)  The relevant court may at any time vary or revoke an order under this section.

(6)  The prohibition on publication under this section ceases to have effect, subject to any order under this section, when whichever of the following situations occurs 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 crime under this Chapter;

(b) if the acquitted person is retried or tried for the administration of justice crime under this Chapter, the trial ends.

(7)  Nothing in this section affects any prohibition of the publication of any matter under any other Act or law.

(8)  A contravention of a prohibition on publication under this section is punishable as contempt of the Supreme Court.