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This is a Bill, not an Act. For current law, see the Acts databases.


EVIDENCE AMENDMENT (JOURNALISTS' PRIVILEGE) BILL 2009

2008-2009
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Evidence Amendment (Journalists'
Privilege) Bill 2009
No. , 2009
(Attorney-General)
A Bill for an Act to amend the Evidence Act 1995,
and for related purposes
i Evidence Amendment (Journalists' Privilege) Bill 2009 No. , 2009
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedule(s) ......................................................................................... 1
Schedule 1--Amendme nts
3
Evidence Act 1995
3
Evidence Amendment (Journalists' Privilege) Bill 2009 No. , 2009 1
A Bill for an Act to amend the Evidence Act 1995,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Evidence Amendment (Journalists'
5
Privilege) Act 2009.
6
2 Commence ment
7
This Act commences on the day after it receives the Royal Assent.
8
3 Schedule(s)
9
Each Act that is specified in a Schedule to this Act is amended or
10
repealed as set out in the applicable items in the Schedule
11
2 Evidence Amendment (Journalists' Privilege) Bill 2009 No. , 2009
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
3
Amend ments Schedule 1
Evidence Amendment (Journalists' Privilege) Bill 2009 No. , 2009 3
Schedule 1
--
Amendments
1
2
Evidence Act 1995
3
1 Before section 126A
4
Insert:
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126AA Object of Division
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The object of this Division is to achieve a balance between:
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(a) the public interest in the administration of justice; and
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(b) the public interest in the media communicating facts and
9
opinion to the public and, for that purpose, having access to
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sources of facts.
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2 Paragraph 126B(3)(a)
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After "protected confider", insert "or confidant".
13
3 Subsection 126B(4)
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Omit "is to", substitute "must".
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4 Paragraph 126B(4)(e)
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After "protected confider", insert "or confidant".
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5 After paragraph 126B(4)(h)
18
Insert:
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; (i) whether the evidence is evidence of a communication made,
20
or the contents of a document prepared, in the furtherance of
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the commission of a fraud or an offence or the commission of
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an act that renders a person liable to a civil penalty;
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(j) any risk of prejudice to national security (within the meaning
24
of section 8 of the National Security Information (Criminal
25
and Civil Proceedings) Act 2004).
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6 Subsection 126B(4)
27
Schedule 1 A mendments
4 Evidence Amendment (Journalists' Privilege) Bill 2009 No. , 2009
Omit "The court must also take into account, and give the greatest
1
weight to, any risk of prejudice to national security (within the meaning
2
of section 8 of the National Security Information (Criminal and Civil
3
Proceedings) Act 2004).".
4
7 After subsection 126B(4)
5
Insert:
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(4A) For the purposes of paragraph (4)(i), if the commission of the
7
fraud, offence or act is a fact in issue and there are reasonable
8
grounds for finding that:
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(a) the fraud, offence or act was committed; and
10
(b) a communication was made or document prepared in
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furtherance of the commission of the fraud, offence or act;
12
the court may find that the communication was so made or
13
document so prepared.
14
8 Section 126D
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Repeal the section.
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9 After section 131A
17
Insert:
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131B Extended application of Division 1A etc. to all proceedings for
19
Commonwealth offences
20
In addition to its application under section 4 to all proceedings in a
21
federal court or an ACT court, Division 1A and section 131A apply
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to all proceedings in any other Australian court for an offence
23
against a law of the Commonwealth, including proceedings that:
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(a) relate to bail; or
25
(b) are interlocutory proceedings or proceedings of a similar
26
kind; or
27
(c) are heard in chambers; or
28
(d) relate to sentencing.
29

 


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