Victorian Current Acts

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OPEN COURTS ACT 2013 - SECT 26

Magistrates' Court may make order prohibiting publication of specified material

S. 26(1) substituted by No. 55/2014 s. 177.

    (1)     The Magistrates' Court may make an order prohibiting the publication of any specified material, or any material of a specified kind, relevant to a proceeding that is pending in the Court if the Court is satisfied that—

        (a)     the order is necessary to prevent a real and substantial risk of prejudice to the proper administration of justice that cannot be prevented by other reasonably available means; or

        (b)     the order is necessary in order to protect the safety of any person.

    (2)     An order under subsection (1) applies only to the publication of material in a place where the order applies, as specified in the order.

    (3)     Subject to subsection (4), an order under subsection (1) is not limited to applying in Victoria and may be made to apply anywhere in Australia.

    (4)     An order under subsection (1) must not be made to apply outside Victoria unless the Magistrates' Court is satisfied that having the order apply outside Victoria is necessary for achieving the purpose for which the order is made.

    (5)     An order under subsection (1) does not prevent a person from disclosing information if the disclosure is in the course of performing functions or duties or exercising powers in a public official capacity—

        (a)     in connection with the conduct of any proceeding or the recovery or enforcement of any penalty imposed in a proceeding; or

        (b)     in compliance with any procedure adopted by the Magistrates' Court for informing a person of the existence and content of an order made under subsection (1) by the Court.



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