Commonwealth Numbered Acts Commonwealth Numbered Acts1 After Part XI
Insert:
Part XIA -- Suppression and non-publication orders
In this Part:
"information" includes any document.
"news publisher" means a person engaged in the business of publishing news or a public or community broadcasting service engaged in the publishing of news through a public news medium.
"non-publication order" means an order that prohibits or restricts the publication of information (but that does not otherwise prohibit or restrict the disclosure of information).
"party" to proceedings includes the complainant or victim (or alleged victim) in criminal proceedings and any person named in evidence given in proceedings and, in relation to proceedings that have concluded, means a person who was a party to the proceedings before the proceedings concluded.
"publish" means disseminate or provide access to the public or a section of the public by any means, including by:
(a) publication in a book, newspaper, magazine or other written publication; or
(b) broadcast by radio or television; or
(c) public exhibition; or
(d) broadcast or publication by means of the internet.
"suppression order" means an order that prohibits or restricts the disclosure of information (by publication or otherwise).
102PA Powers of a court not affected
This Part does not limit or otherwise affect any powers that a court has apart from this Part to regulate its proceedings or to deal with a contempt of the court.
This Part does not limit or otherwise affect the operation of a provision made by or under any Act (other than this Act) that prohibits or restricts, or authorises a court to prohibit or restrict, the publication or other disclosure of information in connection with proceedings.
102PC Relationship with section 121
This Part and section 121 do not limit each other.
Division 2 -- Suppression and non-publication orders
102PD Safeguarding public interest in open justice
In deciding whether to make a suppression order or non-publication order, the court concerned must take into account that a primary objective of the administration of justice is to safeguard the public interest in open justice.
(1) A court exercising jurisdiction in proceedings under this Act may, by making a suppression order or non-publication order on grounds permitted by this Part, prohibit or restrict the publication or other disclosure of:
(a) information tending to reveal the identity of or otherwise concerning any party to or witness in the proceedings or any person who is related to or otherwise associated with any party to or witness in the proceedings; or
(b) information that relates to the proceedings and is:
(i) information that comprises evidence or information about evidence; or
(ii) information obtained by the process of discovery; or
(iii) information produced under a subpoena; or
(iv) information lodged with or filed in the court.
(2) The court may make such orders as it thinks appropriate to give effect to an order under subsection (1).
102PF Grounds for making an order
(1) The court may make a suppression order or non-publication order on one or more of the following grounds:
(a) the order is necessary to prevent prejudice to the proper administration of justice;
(b) the order is necessary to prevent prejudice to the interests of the Commonwealth or a State or Territory in relation to national or international security;
(c) the order is necessary to protect the safety of any person;
(d) the order is necessary to avoid causing undue distress or embarrassment to a party to or witness in criminal proceedings involving an offence of a sexual nature (including an act of indecency).
(2) A suppression order or non-publication order must specify the ground or grounds on which the order is made.
102PG Procedure for making an order
(1) The court may make a suppression order or non-publication order on its own initiative or on the application of:
(a) a party to the proceedings concerned; or
(b) any other person considered by the court to have a sufficient interest in the making of the order.
(2) Each of the following persons is entitled to appear and be heard by the court on an application for a suppression order or non-publication order:
(a) the applicant for the order;
(b) a party to the proceedings concerned;
(c) the Government (or an agency of the Government) of the Commonwealth or a State or Territory;
(d) a news publisher;
(e) any other person who, in the court's opinion, has a sufficient interest in the question of whether a suppression order or non-publication order should be made.
(3) A suppression order or non-publication order may be made at any time during proceedings or after proceedings have concluded.
(4) A suppression order or non-publication order may be made subject to such exceptions and conditions as the court thinks fit and specifies in the order.
(5) A suppression order or non-publication order must specify the information to which the order applies with sufficient particularity to ensure that the court order is limited to achieving the purpose for which the order is made.
(1) If an application is made to the court for a suppression order or non-publication order, the court may, without determining the merits of the application, make the order as an interim order to have effect, subject to revocation by the court, until the application is determined.
(2) If an order is made as an interim order, the court must determine the application as a matter of urgency.
(1) A suppression order or non-publication order operates for the period decided by the court and specified in the order.
(2) In deciding the period for which an order is to operate, the court is to ensure that the order operates for no longer than is reasonably necessary to achieve the purpose for which it is made.
(3) The period for which an order operates may be specified by reference to a fixed or ascertainable period or by reference to the occurrence of a specified future event.
102PJ Exception for court officials
A suppression order does not prevent a person from disclosing information if the disclosure is not by publication and is in the course of performing functions or duties or exercising powers in a public official capacity:
(a) in connection with the conduct of proceedings or the recovery or enforcement of any penalty imposed in proceedings; or
(b) in compliance with any procedure adopted by the court for informing a news publisher of the existence and content of a suppression order or non-publication order made by the court.
(1) A person commits an offence if:
(a) the person does an act or omits to do an act; and
(b) the act or omission contravenes an order made by a court under section 102PE.
Penalty: Imprisonment for 12 months, 60 penalty units or both.
(2) An act or omission that constitutes an offence under this section may be punished as a contempt of court even though it could be punished as an offence.
(3) An act or omission that constitutes an offence under this section may be punished as an offence even though it could be punished as a contempt of court.
(4) If an act or omission constitutes both an offence under this section and a contempt of court, the offender is not liable to be punished twice.
(5) Part XIIIA does not apply in relation to a contravention of an order made by a court under section 102PE.
Federal Court of Australia Act 1976
2 Subsection 23HC(1) (note)
Repeal the note, substitute:
Note: Part VAA deals with suppression and non-publication orders.
3 At the end of subsection 24(1D)
Add:
; (c) an order made by the Court under section 37AF;
(d) an order made by the Federal Magistrates Court under section 88F of the Federal Magistrates Act 1999 .
4 After Part V
Insert:
Part VAA -- Suppression and non-publication orders
In this Part:
"information" includes any document.
"news publisher" means a person engaged in the business of publishing news or a public or community broadcasting service engaged in the publishing of news through a public news medium.
"non-publication order" means an order that prohibits or restricts the publication of information (but that does not otherwise prohibit or restrict the disclosure of information).
"party" to a proceeding includes the complainant or victim (or alleged victim) in a criminal proceeding and any person named in evidence given in a proceeding and, in relation to a proceeding that has concluded, means a person who was a party to the proceeding before the proceeding concluded.
"publish" means disseminate or provide access to the public or a section of the public by any means, including by:
(a) publication in a book, newspaper, magazine or other written publication; or
(b) broadcast by radio or television; or
(c) public exhibition; or
(d) broadcast or publication by means of the internet.
"suppression order" means an order that prohibits or restricts the disclosure of information (by publication or otherwise).
37AB Powers of the Court not affected
This Part does not limit or otherwise affect any powers that the Court has apart from this Part to regulate its proceedings or to deal with a contempt of the Court.
This Part does not limit or otherwise affect the operation of a provision made by or under any Act (other than this Act) that prohibits or restricts, or authorises a court to prohibit or restrict, the publication or other disclosure of information in connection with proceedings.
This Part does not limit section 23HC (about protecting witnesses).
Division 2 -- Suppression and non-publication orders
37AE Safeguarding public interest in open justice
In deciding whether to make a suppression order or non-publication order, the Court must take into account that a primary objective of the administration of justice is to safeguard the public interest in open justice.
(1) The Court may, by making a suppression order or non-publication order on grounds permitted by this Part, prohibit or restrict the publication or other disclosure of:
(a) information tending to reveal the identity of or otherwise concerning any party to or witness in a proceeding before the Court or any person who is related to or otherwise associated with any party to or witness in a proceeding before the Court; or
(b) information that relates to a proceeding before the Court and is:
(i) information that comprises evidence or information about evidence; or
(ii) information obtained by the process of discovery; or
(iii) information produced under a subpoena; or
(iv) information lodged with or filed in the Court.
(2) The Court may make such orders as it thinks appropriate to give effect to an order under subsection (1).
37AG Grounds for making an order
(1) The Court may make a suppression order or non-publication order on one or more of the following grounds:
(a) the order is necessary to prevent prejudice to the proper administration of justice;
(b) the order is necessary to prevent prejudice to the interests of the Commonwealth or a State or Territory in relation to national or international security;
(c) the order is necessary to protect the safety of any person;
(d) the order is necessary to avoid causing undue distress or embarrassment to a party to or witness in a criminal proceeding involving an offence of a sexual nature (including an act of indecency).
(2) A suppression order or non-publication order must specify the ground or grounds on which the order is made.
37AH Procedure for making an order
(1) The Court may make a suppression order or non-publication order on its own initiative or on the application of:
(a) a party to the proceeding concerned; or
(b) any other person considered by the Court to have a sufficient interest in the making of the order.
(2) Each of the following persons is entitled to appear and be heard by the Court on an application for a suppression order or non-publication order:
(a) the applicant for the order;
(b) a party to the proceeding concerned;
(c) the Government (or an agency of the Government) of the Commonwealth or a State or Territory;
(d) a news publisher;
(e) any other person who, in the Court's opinion, has a sufficient interest in the question of whether a suppression order or non-publication order should be made.
(3) A suppression order or non-publication order may be made at any time during a proceeding or after a proceeding has concluded.
(4) A suppression order or non-publication order may be made subject to such exceptions and conditions as the Court thinks fit and specifies in the order.
(5) A suppression order or non-publication order must specify the information to which the order applies with sufficient particularity to ensure that the court order is limited to achieving the purpose for which the order is made.
(1) If an application is made to the Court for a suppression order or non-publication order, the Court may, without determining the merits of the application, make the order as an interim order to have effect, subject to revocation by the Court, until the application is determined.
(2) If an order is made as an interim order, the Court must determine the application as a matter of urgency.
(1) A suppression order or non-publication order operates for the period decided by the Court and specified in the order.
(2) In deciding the period for which an order is to operate, the Court is to ensure that the order operates for no longer than is reasonably necessary to achieve the purpose for which it is made.
(3) The period for which an order operates may be specified by reference to a fixed or ascertainable period or by reference to the occurrence of a specified future event.
37AK Exception for court officials
A suppression order does not prevent a person from disclosing information if the disclosure is not by publication and is in the course of performing functions or duties or exercising powers in a public official capacity:
(a) in connection with the conduct of a proceeding or the recovery or enforcement of any penalty imposed in a proceeding; or
(b) in compliance with any procedure adopted by the Court for informing a news publisher of the existence and content of a suppression order or non-publication order made by the Court.
(1) A person commits an offence if:
(a) the person does an act or omits to do an act; and
(b) the act or omission contravenes an order made by the Court under section 37AF.
Penalty: Imprisonment for 12 months, 60 penalty units or both.
(2) An act or omission that constitutes an offence under this section may be punished as a contempt of court even though it could be punished as an offence.
(3) An act or omission that constitutes an offence under this section may be punished as an offence even though it could be punished as a contempt of court.
(4) If an act or omission constitutes both an offence under this section and a contempt of court, the offender is not liable to be punished twice.
5 Section 50
Repeal the section.
6 Section 61
Repeal the section.
7 After Part 6
Insert:
Part 6A -- Suppression and non-publication orders
In this Part:
"information" includes any document.
"news publisher" means a person engaged in the business of publishing news or a public or community broadcasting service engaged in the publishing of news through a public news medium.
"non-publication order" means an order that prohibits or restricts the publication of information (but that does not otherwise prohibit or restrict the disclosure of information).
"party" to a proceeding includes the complainant or victim (or alleged victim) in a criminal proceeding and any person named in evidence given in a proceeding and, in relation to a proceeding that has concluded, means a person who was a party to the proceeding before the proceeding concluded.
"publish" means disseminate or provide access to the public or a section of the public by any means, including by:
(a) publication in a book, newspaper, magazine or other written publication; or
(b) broadcast by radio or television; or
(c) public exhibition; or
(d) broadcast or publication by means of the internet.
"suppression order" means an order that prohibits or restricts the disclosure of information (by publication or otherwise).
88B Powers of Federal Magistrates Court not affected
This Part does not limit or otherwise affect any powers that the Federal Magistrates Court has apart from this Part to regulate its proceedings or to deal with a contempt of the Federal Magistrates Court.
This Part does not limit or otherwise affect the operation of a provision made by or under any Act (other than this Act) that prohibits or restricts, or authorises a court to prohibit or restrict, the publication or other disclosure of information in connection with proceedings.
88D This Part does not apply to proceedings under the Family Law Act 1975
This Part applies to proceedings in the Federal Magistrates Court other than proceedings under the Family Law Act 1975 .
Note: Part XIA of the Family Law Act 1975 deals with suppression and non-publication orders in proceedings under that Act.
Division 2 -- Suppression and non-publication orders
88E Safeguarding public interest in open justice
In deciding whether to make a suppression order or non-publication order, the Federal Magistrates Court must take into account that a primary objective of the administration of justice is to safeguard the public interest in open justice.
(1) The Federal Magistrates Court may, by making a suppression order or non-publication order on grounds permitted by this Part, prohibit or restrict the publication or other disclosure of:
(a) information tending to reveal the identity of or otherwise concerning any party to or witness in a proceeding before the Federal Magistrates Court or any person who is related to or otherwise associated with any party to or witness in a proceeding before the Federal Magistrates Court; or
(b) information that relates to a proceeding before the Federal Magistrates Court and is:
(i) information that comprises evidence or information about evidence; or
(ii) information obtained by the process of discovery; or
(iii) information produced under a subpoena; or
(iv) information lodged with or filed in the Federal Magistrates Court.
(2) The Federal Magistrates Court may make such orders as it thinks appropriate to give effect to an order under subsection (1).
88G Grounds for making an order
(1) The Federal Magistrates Court may make a suppression order or non-publication order on one or more of the following grounds:
(a) the order is necessary to prevent prejudice to the proper administration of justice;
(b) the order is necessary to prevent prejudice to the interests of the Commonwealth or a State or Territory in relation to national or international security;
(c) the order is necessary to protect the safety of any person;
(d) the order is necessary to avoid causing undue distress or embarrassment to a party to or witness in a criminal proceeding involving an offence of a sexual nature (including an act of indecency).
(2) A suppression order or non-publication order must specify the ground or grounds on which the order is made.
88H Procedure for making an order
(1) The Federal Magistrates Court may make a suppression order or non-publication order on its own initiative or on the application of:
(a) a party to the proceeding concerned; or
(b) any other person considered by the Federal Magistrates Court to have a sufficient interest in the making of the order.
(2) Each of the following persons is entitled to appear and be heard by the Federal Magistrates Court on an application for a suppression order or non-publication order:
(a) the applicant for the order;
(b) a party to the proceeding concerned;
(c) the Government (or an agency of the Government) of the Commonwealth or a State or Territory;
(d) a news publisher;
(e) any other person who, in the Federal Magistrates Court's opinion, has a sufficient interest in the question of whether a suppression order or non-publication order should be made.
(3) A suppression order or non-publication order may be made at any time during a proceeding or after a proceeding has concluded.
(4) A suppression order or non-publication order may be made subject to such exceptions and conditions as the Federal Magistrates Court thinks fit and specifies in the order.
(5) A suppression order or non-publication order must specify the information to which the order applies with sufficient particularity to ensure that the court order is limited to achieving the purpose for which the order is made.
(1) If an application is made to the Federal Magistrates Court for a suppression order or non-publication order, the Federal Magistrates Court may, without determining the merits of the application, make the order as an interim order to have effect, subject to revocation by the Federal Magistrates Court, until the application is determined.
(2) If an order is made as an interim order, the Federal Magistrates Court must determine the application as a matter of urgency.
(1) A suppression order or non-publication order operates for the period decided by the Federal Magistrates Court and specified in the order.
(2) In deciding the period for which an order is to operate, the Federal Magistrates Court is to ensure that the order operates for no longer than is reasonably necessary to achieve the purpose for which it is made.
(3) The period for which an order operates may be specified by reference to a fixed or ascertainable period or by reference to the occurrence of a specified future event.
88L Exception for court officials
A suppression order does not prevent a person from disclosing information if the disclosure is not by publication and is in the course of performing functions or duties or exercising powers in a public official capacity:
(a) in connection with the conduct of a proceeding or the recovery or enforcement of any penalty imposed in a proceeding; or
(b) in compliance with any procedure adopted by the Federal Magistrates Court for informing a news publisher of the existence and content of a suppression order or non-publication order made by the Federal Magistrates Court.
(1) A person commits an offence if:
(a) the person does an act or omits to do an act; and
(b) the act or omission contravenes an order made by the Federal Magistrates Court under section 88F.
Penalty: Imprisonment for 12 months, 60 penalty units or both.
(2) An act or omission that constitutes an offence under this section may be punished as a contempt of court even though it could be punished as an offence.
(3) An act or omission that constitutes an offence under this section may be punished as an offence even though it could be punished as a contempt of court.
(4) If an act or omission constitutes both an offence under this section and a contempt of court, the offender is not liable to be punished twice.
8 After Part XA
Insert:
Part XAA -- Suppression and non-publication orders
In this Part:
"information" includes any document.
"news publisher" means a person engaged in the business of publishing news or a public or community broadcasting service engaged in the publishing of news through a public news medium.
"non-publication order" means an order that prohibits or restricts the publication of information (but that does not otherwise prohibit or restrict the disclosure of information).
"party" to a proceeding includes the complainant or victim (or alleged victim) in a criminal proceeding and any person named in evidence given in a proceeding and, in relation to a proceeding that has concluded, means a person who was a party to the proceeding before the proceeding concluded.
"proceeding" means a proceeding in a court, whether between parties or not, and includes an incidental proceeding in the course of, or in connection with, a proceeding, and also includes an appeal.
"publish" means disseminate or provide access to the public or a section of the public by any means, including by:
(a) publication in a book, newspaper, magazine or other written publication; or
(b) broadcast by radio or television; or
(c) public exhibition; or
(d) broadcast or publication by means of the internet.
"suppression order" means an order that prohibits or restricts the disclosure of information (by publication or otherwise).
77RB Powers of High Court not affected
This Part does not limit or otherwise affect any powers that the High Court has apart from this Part to regulate its proceedings or to deal with a contempt of the Court.
This Part does not limit or otherwise affect the operation of a provision made by or under any Act (other than this Act) that prohibits or restricts, or authorises a court to prohibit or restrict, the publication or other disclosure of information in connection with proceedings.
Division 2 -- Suppression and non-publication orders
77RD Safeguarding public interest in open justice
In deciding whether to make a suppression order or non-publication order, the High Court must take into account that a primary objective of the administration of justice is to safeguard the public interest in open justice.
(1) The High Court may, by making a suppression order or non-publication order on grounds permitted by this Part, prohibit or restrict the publication or other disclosure of:
(a) information tending to reveal the identity of or otherwise concerning any party to or witness in a proceeding before the Court or any person who is related to or otherwise associated with any party to or witness in a proceeding before the Court; or
(b) information that relates to a proceeding before the Court and is:
(i) information that comprises evidence or information about evidence; or
(ii) information obtained by the process of discovery; or
(iii) information produced under a subpoena; or
(iv) information lodged with or filed in the Court.
(2) The High Court may make such orders as it thinks appropriate to give effect to an order under subsection (1).
77RF Grounds for making an order
(1) The High Court may make a suppression order or non-publication order on one or more of the following grounds:
(a) the order is necessary to prevent prejudice to the proper administration of justice;
(b) the order is necessary to prevent prejudice to the interests of the Commonwealth or a State or Territory in relation to national or international security;
(c) the order is necessary to protect the safety of any person;
(d) the order is necessary to avoid causing undue distress or embarrassment to a party to or witness in a criminal proceeding involving an offence of a sexual nature (including an act of indecency).
(2) A suppression order or non-publication order must specify the ground or grounds on which the order is made.
77RG Procedure for making an order
(1) The High Court may make a suppression order or non-publication order on its own initiative or on the application of:
(a) a party to the proceeding concerned; or
(b) any other person considered by the Court to have a sufficient interest in the making of the order.
(2) Each of the following persons is entitled to appear and be heard by the High Court on an application for a suppression order or non-publication order:
(a) the applicant for the order;
(b) a party to the proceeding concerned;
(c) the Government (or an agency of the Government) of the Commonwealth or a State or Territory;
(d) a news publisher;
(e) any other person who, in the Court's opinion, has a sufficient interest in the question of whether a suppression order or non-publication order should be made.
(3) A suppression order or non-publication order may be made at any time during a proceeding or after a proceeding has concluded.
(4) A suppression order or non-publication order may be made subject to such exceptions and conditions as the High Court thinks fit and specifies in the order.
(5) A suppression order or non-publication order must specify the information to which the order applies with sufficient particularity to ensure that the court order is limited to achieving the purpose for which the order is made.
(1) If an application is made to the High Court for a suppression order or non-publication order, the Court may, without determining the merits of the application, make the order as an interim order to have effect, subject to revocation by the Court, until the application is determined.
(2) If an order is made as an interim order, the High Court must determine the application as a matter of urgency.
(1) A suppression order or non-publication order operates for the period decided by the High Court and specified in the order.
(2) In deciding the period for which an order is to operate, the High Court is to ensure that the order operates for no longer than is reasonably necessary to achieve the purpose for which it is made.
(3) The period for which an order operates may be specified by reference to a fixed or ascertainable period or by reference to the occurrence of a specified future event.
77RJ Exception for court officials
A suppression order does not prevent a person from disclosing information if the disclosure is not by publication and is in the course of performing functions or duties or exercising powers in a public official capacity:
(a) in connection with the conduct of a proceeding or the recovery or enforcement of any penalty imposed in a proceeding; or
(b) in compliance with any procedure adopted by the High Court for informing a news publisher of the existence and content of a suppression order or non-publication order made by the Court.
(1) A person commits an offence if:
(a) the person does an act or omits to do an act; and
(b) the act or omission contravenes an order made by the High Court under section 77RE.
Penalty: Imprisonment for 12 months, 60 penalty units or both.
(2) An act or omission that constitutes an offence under this section may be punished as a contempt of court even though it could be punished as an offence.
(3) An act or omission that constitutes an offence under this section may be punished as an offence even though it could be punished as a contempt of court.
(4) If an act or omission constitutes both an offence under this section and a contempt of court, the offender is not liable to be punished twice.
Part 2 -- Consequential amendments
Australian Crime Commission Act 2002
9 Schedule 1
Omit:
Federal Court of Australia Act 1976 , section 50
Federal Magistrates Act 1999 , section 61
substitute:
Family Law Act 1975 , Part XIA
Federal Court of Australia Act 1976 , Part VAA
Federal Magistrates Act 1999 , Part 6A
10 Schedule 1
After:
Inspector-General of Taxation Act 2003 , section 37
insert:
Judiciary Act 1903 , Part XAA
Part 3 -- Application, saving and transitional provisions
11 Application of amendments
The amendments made by Part 1 apply in relation to proceedings (including interlocutory proceedings):
(a) that are instituted in, or transferred to, a court on or after the commencement of that Part; or
(b) that are pending in a court immediately before that commencement.
12 Saving--proceedings already heard
(1) Despite the amendment made by item 5, section 50 of the Federal Court of Australia Act 1976 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a proceeding heard by the Court before that commencement.
(2) Despite the amendment made by item 5, the Federal Court of Australia Act 1976 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an order made under section 50 of that Act before, on or after that commencement.
(3) Despite the amendment made by item 6, section 61 of the Federal Magistrates Act 1999 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a proceeding heard by the Federal Magistrates Court before that commencement.
(4) Despite the amendment made by item 6, the Federal Magistrates Act 1999 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an order made under section 61 of that Act before, on or after that commencement.
13 Transitional-- Australian Crime Commission Act 2002
Schedule 1 to the Australian Crime Commission Act 2002 applies on and after the commencement of this item:
(a) as if a reference in that Schedule to Part VAA of the Federal Court of Australia Act 1976 included a reference to section 50 of that Act as in force at any time; and
(b) as if a reference in that Schedule to Part 6A of the Federal Magistrates Act 1999 included a reference to section 61 of that Act as in force at any time.