Adverse publicity orders
223 Adverse publicity orders
If a person is found guilty of an offence against this Act, the court may make an order (an adverse publicity order) in relation to the person (the offender) requiring the offender—
to take either or both of the following actions within the period specified in the order:
to publicise, in the way specified by the order, the offence, its consequences, the penalty imposed and any other related matter;
to notify a specified person or specified class of person, in the way specified in the order, of the offence, its consequences, the penalty imposed and any other related matter; and
to give to the Commission or a council (as specified by the court), within 7 days after the end of the period specified in the order, evidence that the action or actions were taken by the offender in accordance with the order.
The court may make an adverse publicity order on its own initiative or on the application of the person prosecuting the offence.
The court must, in determining whether to make an adverse publicity order, take into account any material before the court relating to the effect that the taking of action or actions that the court proposes to specify in the order is likely to have on a person other than the offender.
If the offender fails to give evidence to the Commission or a council in accordance with subsection (1)(b), the Commission or council, or a person authorised in writing by the
Commission or council, may take the action or actions specified in the order.
However, if—
the offender gives evidence to the Commission or council in accordance with subsection (1)(b);
and
despite the evidence, the Commission or council is not satisfied that the offender has taken the action or actions specified in the order in accordance with the order, the
Commission or council may apply to the court for an order authorising the Commission or council, or a person authorised in writing by the Commission or council, to take the action or actions.
If the Commission or a council, or a person authorised in writing by the Commission or a council, takes an action or actions in accordance with subsection (4) or an order under subsection (5), the Commission or council is entitled to recover from the offender an amount in relation to the reasonable expenses of taking the action or actions, as a debt, due to the Commission or council.
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