Commonwealth Numbered Acts

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SERVICE AND EXECUTION OF PROCESS ACT 1992 No. 172, 1992 - SECT 103

Disobedience of suppression orders
103.(1) A person must not fail or refuse to comply with a suppression order.
Penalty: Imprisonment for 12 months.

(2) It is a defence to a prosecution for an offence against subsection (1) if
the defendant proves that:

   (a)  he or she did not know of the existence of the suppression order; and

   (b)  he or she had made all reasonable inquiries in the circumstances
        regarding the existence of a suppression order.

(3) A publishing organisation, or an employee or agent of a publishing
organisation, is taken not to have made all reasonable inquiries regarding the
existence of a suppression order if the organisation, or the employee or
agent, as the case requires, has not made inquiries of the magistrate or Court
in which the relevant proceedings are being, or were, heard as to whether a
suppression order has been made in relation to the proceedings. 


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