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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Evidence (Reporting on Sexual Offences) Amendment
Bill 2012
A BILL FOR
An Act to amend the Evidence
Act 1929.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Evidence
Act 1929
4Amendment of section 71A—Restriction on
reporting on sexual offences
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Evidence (Reporting on Sexual Offences)
Amendment Act 2012.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Evidence
Act 1929
4—Amendment
of section 71A—Restriction on reporting on sexual
offences
(1) Section 71A(1)—delete "A person shall not" and
substitute:
Subject to this section, a person must not
(2) Section 71A(1)(a)—delete "before a Magistrate or
Justice"
(3) Section 71A(2)—delete "A person shall not" and
substitute:
Subject to this section, a person must not
(4) Section 71A—after subsection (2) insert:
(3) If an accused
person has not consented to the publication of material under
subsection (1) or (2), the court may, on application, make an order (a
publication order) that the restriction on publication under the
relevant subsection be varied or removed altogether, if satisfied that to do
so—
(a) may assist in the investigation of an offence; or
(b) is otherwise in the public interest.
(3a) A publication order may be subject to such exceptions and conditions
as the court thinks fit and specifies in the order.
(3b) An application for a publication order may be made, with the
permission of the court, by any person who has, in the opinion of the court, a
proper interest in the question of whether an order should be made.
(3c) If the court
permits an application for a publication order to be made, any of the following
persons may make submissions to the court on the application and, with the
permission of the court, call or give evidence in support of those
submissions:
(a) the applicant for the publication order;
(b) a party to the proceedings in which the order is sought;
(c) a
representative of a newspaper or a radio or television station;
(d) any other
person who has, in the opinion of the court, a proper interest in the question
of whether an order should be made.
(3d) A publication order may be varied or revoked by the court by which it
was made, on the application of any of the persons entitled to make submissions
by virtue of
subsection (3c).
(3e) On an application for the making, variation or revocation of a
publication order—
(a) a matter of fact is sufficiently proved if proved on the balance of
probabilities; and
(b) if there appears to be no serious dispute as to a particular matter of
fact, the court (having regard to the desirability of dealing expeditiously with
the application) may—
(i) dispense with the taking of evidence on that matter; and
(ii) accept the relevant fact as proved.
(5) Section 71A(4)—delete "shall" and substitute:
must