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CRIMINAL CODE 1899 - SECT 229J
Certificate of discharge for particular offences
229J Certificate of discharge for particular offences
(1) In this section—
"defendant" means a person charged with an unlawful prostitution offence or an
unlawful presence offence.
"identifying matter" means— (a) the name, address, place of employment or
another particular of the defendant or another person that is likely to lead
to the identification of the defendant; or
(b) any photograph, picture,
videotape or other visual representation of the defendant or another person
that is likely to lead to the identification of the defendant.
"the court" means a court before which is brought a charge against a defendant
for an unlawful prostitution offence or an unlawful presence offence, and
includes a justice conducting an examination of witnesses in relation to an
unlawful prostitution offence or an unlawful presence offence charged against
a defendant.
"unlawful presence offence" means an offence against section 229I .
"unlawful prostitution offence" means an offence against section 229HC (1) or
(2) .
(2) At any time before being found guilty of the
unlawful prostitution offence or the unlawful presence offence, the
defendant— (a) may apply to the court for the issue of the certificate of
discharge mentioned in subsection (6) in relation to the
unlawful prostitution offence or the unlawful presence offence; and
(b) may
apply to the court for an order prohibiting publication of identifying matter
in relation to the defendant if the certificate is granted.
(3) The
application may be heard in court or in chambers.
(4) If the defendant has
been charged on indictment, the application is to be heard and determined by a
judge sitting alone without a jury.
(5) On making the application the
defendant must give evidence, and may be cross-examined, in relation to all
matters relevant to— (a) the commission, by the defendant, of the
unlawful prostitution offence or the unlawful presence offence; and
(b) the
commission, by any other person, of an offence against this Code— (i) if the
offence is an unlawful prostitution offence—in relation to carrying on the
business of providing unlawful prostitution; or
(ii) if the offence is an
unlawful presence offence—in relation to the premises.
(6) If the court is
satisfied that the evidence is a full and true disclosure by the defendant of
all material particulars within the defendant’s knowledge relevant to the
application, the court must immediately give the defendant a certificate
stating that the defendant is discharged on the unlawful prostitution offence
or the unlawful presence offence.
(7) The defendant can not afterwards be
convicted or further prosecuted for the unlawful prostitution offence or the
unlawful presence offence.
(8) If the court grants an application under
subsection (2) (b) , the court may make an order prohibiting the publishing of
any identifying matter in relation to the defendant either indefinitely or
until further order.
(9) A police officer or other person may serve a copy of
the order on any person.
(10) A person who knowingly contravenes an order
under subsection (8) commits a crime. Penalty— Maximum penalty for
subsection (10) —2,000 penalty units, imprisonment for 5 years or both.
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