Part 18Sentencing Act 1991

Part 18—Sentencing Act 1991 Sch. 1 cl. 78 inserted by No. 81/2014 s. 5. 78 Application of Part The Part applies in respect of a proceeding under Part 8 of the **Sentencing Act 1991**. Sch. 1 cl. 79 inserted by No. 81/2014 s. 5, amended by No. 3/2016 s. 17. 79 Constitution of Tribunal The Tribunal is to be constituted by a presidential member or senior member. Sch. 1 cl. 80 inserted by No. 81/2014 s. 5. 80 Confidentiality of proceeding (1) Unless the Tribunal orders otherwise, a person must not publish or broadcast, or cause to be published or broadcast, any report of a proceeding that identifies, or could reasonably lead to the identification of— (a) a party to the proceeding; or (b) any other person who has given evidence in the proceeding as to— (i) whether any person involved in the conduct constituting the offence (including the applicant) that is the subject of the proceeding consented to the conduct; or (ii) the ages, or respective ages, of any such persons at the time of that conduct. (2) The Tribunal may make an order under subclause (1) only if it considers that it would be in the public interest to do so. (3) An order of the Tribunal under subclause (1) must specify that pictures are not to be taken of any party to the proceeding or other person covered by subclause (1)(b). Sch. 1 cl. 81 inserted by No. 81/2014 s. 5. 81 Effect of original decision pending review (1) This clause applies, despite anything to the contrary in section 50, if a data controller (within the meaning of Part 8 of the **Sentencing Act 1991**) commences a proceeding. (2) The operation of the decision that is the subject of the proceeding is stayed pending the determination by the Tribunal of the proceeding and the expiration of the appeal period. (3) For the purposes of subclause (2) the appeal period expires— (a) at the end of the period during which an application for leave to appeal from the order of the Tribunal determining the proceeding may be made under Part 5 if an application is not made within that period; or (b) if an application for leave to appeal is made, when that application is determined if leave is not granted; or (c) if leave is granted, at the end of the period during which the appeal may be instituted under Part 5 if an appeal is not instituted within that period; or (d) if an appeal is instituted, when the appeal is determined. Sch. 1 cl. 82 inserted by No. 81/2014 s. 5. 82 Tribunal file not open for inspection Despite anything to the contrary in section 146, the file kept by the principal registrar under that section in a proceeding is not open for inspection or copying by any person. Sch. 1 Pt 17A (Heading and cl. 77B) inserted by No. 4/2003 s. 123, repealed by No. 79/2006 s. 57(3). Sch. 1 Pt 18 (Heading and cls 78–87) repealed by No. 30/2003 s. 80.