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s 74

Prohibition of publication of complainant’s identity

In force
Chapter 4Sexual, violent and family violence offence proceedings
Part 4.4Special requirements—sexual offence and family violence offence proceedings
Division 4.4.1Sexual offence proceedings—general

74 Prohibition of publication of complainant’s identity

(1)

A person must not publish, in relation to a sexual offence proceeding—

(a)

the complainant’s name; or

(b)

protected identity information about the complainant; or

(c)

a reference or allusion that discloses the complainant’s identity; or

(d)

a reference or allusion from which the complainant’s identity might reasonably be worked out.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

(2)

It is a defence to a prosecution for an offence against this section if the person establishes that the complainant consented to the publication before the publication happened.

(3)

An offence against this section is a strict liability offence.

(4)

In this section:

protected identity information means information about, or allowing someone to find out, the private, business or official address, email address or telephone number of a person.

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