Terrorism (Police Powers) Act 2005

If, in any proceedings in a court, a person is to give evidence (including evidence admitted in the form of an audio visual record) that directly or indirectly identifies a person as a relevant police officer, the court must make an order requiring all persons to absent themselves from the place in which the evidence is to be given, while the evidence is being given, except the following:

a person whose presence is required for the purposes of the proceedings;

a person who is present at the request or with the consent of the relevant police officer;

a person who, in the opinion of the court, should be allowed to be present.

The court may, on the application of a person against whom an order under subsection (1) operates, make available to the person a transcript of evidence, and a record of proceedings, taken during the operation of the order.

If a court refuses an application under subsection (2), the applicant may appeal against the refusal to the Supreme Court.

Subject to this section, a person must not publish any statement or representation—

by which the identity of a relevant police officer is revealed;

from which the identity of a relevant police officer might reasonably be inferred, unless the relevant police officer consents to the publication. Maximum penalty: Maximum penalty:

in the case of a natural person—$10 000;

in the case of a body corporate—$120 000.

If a relevant police officer has not consented to the publication of material under subsection (4), the Supreme Court may, on application, make an order (a publication order) that the restriction on publication under that subsection be varied or removed altogether, if satisfied that to do so—

may assist in the investigation of an offence; or

is otherwise in the public interest.

A publication order may be subject to such exceptions and conditions as the Court thinks fit and specifies in the order.

An application for a publication order may be made, with the permission of the Court, by any person who has, in the opinion of the Court, a proper interest in the question of whether an order should be made.

If the Court permits an application for a publication order to be made, any of the following persons may make submissions to the Court on the application and, with the permission of the Court, call or give evidence in support of those submissions:

the applicant for the publication order;

the relevant police officer;

the Commissioner of Police;

a party to any proceedings in which the order is sought;

a representative of a newspaper or a radio or television station;

any other person who has, in the opinion of the Court, a proper interest in the question of whether an order should be made.

A publication order may be varied or revoked by the Supreme Court on the application of any of the persons entitled to make submissions by virtue of subsection (8).

On an application for the making, variation or revocation of a publication order—

a matter of fact is sufficiently proved if proved on the balance of probabilities; and

if there appears to be no serious dispute as to a particular matter of fact, the Court (having regard to the desirability of dealing expeditiously with the application) may—

dispense with the taking of evidence on that matter;

accept the relevant fact as proved.

This section has effect despite any other Act or law.

In this section—