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This is a Bill, not an Act. For current law, see the Acts databases.
EVIDENCE AMENDMENT (JOURNALISTS' PRIVILEGE) BILL 2010
2010
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Evidence Amendment (Journalists'
Privilege) Bill 2010
No. , 2010
(Senator Brandis)
A Bill for an Act to amend the Evidence Act 1995,
and for related purposes
i Evidence Amendment (Journalists' Privilege) Bill 2010 No. , 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendment of the Evidence Act 1995
3
Evidence Amendment (Journalists' Privilege) Bill 2010 No. , 2010 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 2010.
6
2 Commencement
7
8
This Act commences on the day after it receives the Royal Assent.
9
2 Evidence Amendment (Journalists' Privilege) Bill 2010 No. , 2010
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
6
Amendment of the Evidence Act 1995 Schedule 1
Evidence Amendment (Journalists' Privilege) Bill 2010 No. , 2010 3
Schedule 1--Amendment of the Evidence Act
1
1995
2
1 Subsection 126A(1)
3
Insert:
4
informant means a person who gives information to a journalist in
5
the normal course of the journalist's work in the expectation that
6
the information may be published in a news medium.
7
journalist means a person who in the normal course of that
8
person's work may be given information by an informant in the
9
expectation that the information may be published in a news
10
medium.
11
news medium means a medium for the dissemination to the public
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or a section of the public of news and observations on news.
13
2 Subsection 126A(1) (definition of protected confidence)
14
Omit "a journalist", substitute "another person".
15
3 Subsection 126A(1) (note to the definition of protected
16
confidence)
17
Repeal the note.
18
4 Section 126D
19
Repeal the section, substitute:
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126D Protection of journalists' sources
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(1) If a journalist has promised an informant not to disclose the
22
informant's identity, neither the journalist nor his or her employer
23
is compellable in a civil or criminal proceeding to answer any
24
question or produce any document that would disclose the identity
25
of the informant or enable that identity to be ascertained.
26
(2) The court may order that subsection (1) is not to apply if it is
27
satisfied by a party to the civil or criminal proceeding that, having
28
regard to the issues to be determined in that proceeding, the public
29
interest in the disclosure of the identity of the informant outweighs:
30
Schedule 1 Amendment of the Evidence Act 1995
4 Evidence Amendment (Journalists' Privilege) Bill 2010 No. , 2010
(a) any likely adverse effect of the disclosure on the informant or
1
any other person; and
2
(b) the public interest in the communication of facts and opinion
3
to the public by the news media and, accordingly, also in the
4
ability of the news media to access sources of facts.
5
(3) An order under subsection (2) is subject to such terms and
6
conditions (if any) as the court thinks fit.
7
5 After section 131A
8
Insert:
9
131B Extended application of Division 1A etc. to all proceedings for
10
Commonwealth offences
11
In addition to their application under section 4 to all proceedings in
12
a federal court or an ACT court, Division 1A and section 131A
13
apply to all proceedings in any other Australian court for an
14
offence against a law of the Commonwealth, including proceedings
15
that:
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(a) relate to bail; or
17
(b) are interlocutory proceedings or proceedings of a similar
18
kind; or
19
(c) are heard in chambers; or
20
(d)
relate
to
sentencing.
21