A suppression order under the Court Suppression and Non-publication Orders Act 2010 (NSW) that is directed at the world at large, refers to no specific material or identified web site or controller, and cannot be enforced against parties outside NSW, will fail the necessity test in s 8(1)(a) because it is ineffective. The Act cannot validly support an order directed to an internet content host that is not aware of the material to which the order refers, by reason of s 109 of the Constitution and Schedule 5 of the Broadcasting Services Act 1992 (Cth). Practitioners seeking suppression orders in relation to internet material should identify specific web sites and content hosts, ensure those hosts are made aware of the material, and request removal before seeking court orders.
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