Disobedience of suppression orders
103 Disobedience of suppression orders
A person must not fail to comply with a suppression order.
Penalty: Imprisonment for 6 months.
Subsection (1) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that:
he or she did not know of the existence of the suppression order; and
he or she had made all reasonable inquiries in the circumstances regarding the existence of a suppression order.
A publishing organisation, or an employee or agent of a publishing organisation, is taken not to have made all reasonable inquiries regarding the existence of a suppression order if the organisation, or the employee or agent, as the case requires, has not made inquiries of the magistrate or Court in which the relevant proceedings are being, or were, heard as to whether a suppression order has been made in relation to the proceedings.
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