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COMMONWEALTHAct
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s 114R

Indictable offence—communication to the public of list of court etc. proceedings that refers to names of parties

In force
Volume 2s 90AA-Endnotes
Part XIVBRestriction on communication of accounts and lists of proceedings

114R Indictable offence—communication to the public of list of court etc. proceedings that refers to names of parties

(1)

A person commits an indictable offence if the person communicates to the public a list of proceedings, identified by reference to the names of the parties to the proceedings, that are to be dealt with by any of the following under this Act:

(a)

a court;

(b)

an officer of a court investigating or dealing with a matter in accordance with this Act, the regulations or the applicable Rules of Court;

(c)

a tribunal established by or under a law of the Commonwealth or of a State or Territory.

Penalty: Imprisonment for 1 year.

(2)

Subsection (1) does not apply if:

(a)

the communication is the publication, by the court, officer or tribunal, of a list of proceedings the court, officer or tribunal is to deal with; or

(b)

the communication is:

(i)

in accordance with a direction of a court or otherwise approved by a court; or

(ii)

in accordance with the applicable Rules of Court.

Example:

For the purposes of paragraph (a), a list of proceedings a court is to deal with that is published by the court at the court’s premises.

Note:

A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).

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