Confidential material not to be published
493 Confidential material not to be published
This section applies to a hearing conducted under this Division.
If:
the hearing, or a part of the hearing, takes place in public; and
the ACMA is of the opinion that:
evidence or other material presented to the hearing; or
material in a written submission lodged with the ACMA;
is of a confidential nature;
the ACMA may order that:
the evidence or material not be published; or
its disclosure be restricted.
A person must not fail to comply with an order under subsection (2).
A person commits an offence if:
the ACMA has made an order under subsection (2); and
the person engages in conduct; and
the person’s conduct contravenes the order.
Penalty: 50 penalty units.
Subsections (3) and (4) do not apply if the person has a reasonable excuse.
A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).
In this section:
engage in conduct means:
do an act; or
omit to perform an act.
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