Victorian Numbered Acts

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OPEN COURTS ACT 2013 (NO. 58 OF 2013) - SECT 26

Magistrates' Court may make order prohibiting publication of specified material

    (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 in its opinion it is necessary to do so in order not to—

        (a)     prejudice the administration of justice; or

        (b)     endanger 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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