Barrister AI
All legislation
ACTAct
In force
This is the latest official compilation.Check the official source →
s 68Z

Restrictions on publication

In force
Part 8AAAcquittals
Division 8AA.6Miscellaneous

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.

(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.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.