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


EVIDENCE AMENDMENT (JOURNALISTS' PRIVILEGE) BILL 2011

2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Evidence Amendment (Journalists'
Privilege) Bill 2010
No. , 2010
(Mr A. Wilkie)
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)
........................................................................................
1
Schedule 1--Amendments relating to journalists' privilege
3
Evidence Act 1995
3
Family Law Act 1975
4
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
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repealed as set out in the applicable items in the Schedule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 2010 No. , 2010
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
3
Amendments relating to journalists' privilege Schedule 1
Evidence Amendment (Journalists' Privilege) Bill 2010 No. , 2010 3
Schedule 1--Amendments relating to
1
journalists' privilege
2
3
Evidence Act 1995
4
1 Division 1A of Part 3.10
5
Repeal the Division, substitute:
6
Division 1A--Journalists' privilege
7
126G Definitions
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(1) In this Division:
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informant means a person who gives information to a journalist in
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the normal course of the journalist's work in the expectation that
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the information may be published in a news medium
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journalist means a person who in the normal course of that
13
person's work may be given information by an informant in the
14
expectation that the information may be published in a news
15
medium
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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
18
126H Protection of journalists' sources
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(1) If a journalist has promised an informant not to disclose the
20
informant's identity, neither the journalist nor his or her employer
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is compellable to answer any question or produce any document
22
that would disclose the identity of the informant or enable that
23
identity to be ascertained.
24
(2) The court may, on the application of a party, order that
25
subsection (1) is not to apply if it is satisfied that, having regard to
26
the issues to be determined in that proceeding, the public interest in
27
the disclosure of evidence of the identity of the informant
28
outweighs:
29
(a) any likely adverse effect of the disclosure on the informant or
30
any other person; and
31
Schedule 1 Amendments relating to journalists' privilege
4 Evidence Amendment (Journalists' Privilege) Bill 2010 No. , 2010
(b) the public interest in the communication of facts and opinion
1
to the public by the news media and, accordingly also, in the
2
ability of the news media to access sources of facts.
3
(3) An order under subsection (2) may be made subject to such terms
4
and conditions (if any) as the court thinks fit.
5
2 Subsection 131A(1)
6
Repeal the subsection, substitute:
7
(1) This section applies if, in response to a disclosure requirement, a
8
person claims that they are not compellable to answer any question
9
or produce any document that would disclose the identity of the
10
informant (within the meaning of section 126H) or enable that
11
identity to be ascertained.
12
(1A) A party that seeks disclosure pursuant to a disclosure requirement
13
may apply to the court for an order, under section 126H, that
14
subsection 126H(1) does not apply in relation to the information or
15
document.
16
3 After section 131A
17
Insert:
18
131B Extended application of Division 1A etc. to all proceedings for
19
Commonwealth offences
20
In addition to their application under section 4 to all proceedings in
21
a federal court or an ACT court, Division 1A and section 131A
22
apply to all proceedings in any other Australian court for an
23
offence against a law of the Commonwealth, including proceedings
24
that:
25
(a) relate to bail; or
26
(b) are interlocutory proceedings or proceedings of a similar
27
kind; or
28
(c) are heard in chambers; or
29
(d)
relate
to
sentencing.
30
Family Law Act 1975
31
4 Subsection 69ZX(4)
32
Amendments relating to journalists' privilege Schedule 1
Evidence Amendment (Journalists' Privilege) Bill 2010 No. , 2010 5
Repeal the subsection, substitute:
1
(4) In proceedings under this Part in which the court is required to
2
regard the best interests of the child as the paramount
3
consideration:
4
(a) subsection 126H(1) of the Evidence Act 1995 does not apply
5
in relation to information that would:
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(i) reveal the identity of a journalist's source; or
7
(ii) enable that identity to be discovered;
8
if the court considers that it is in the best interests of the child
9
for the information to be disclosed; and
10
(b) the court must not direct, under a law of a State or Territory
11
relating to professional confidential relationship privilege
12
specified in the regulations, that evidence not be adduced if
13
the court considers that adducing the evidence would be in
14
the best interests of the child.
15
5 Section 100C
16
Repeal the section.
17
18
19

 


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