Australian Capital Territory Current Acts

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CRIMES (SENTENCING) ACT 2005 - SECT 26

Non-association order—disclosure of identifying information

    (1)     A person commits an offence if the person publishes—

        (a)     the fact that a person is someone (other than the offender) to whom a non-association order relates; or

        (b)     any information that could reasonably identify someone (other than the offender) to whom a non-association order relates.

Maximum penalty: 10 penalty units.

    (2)     Subsection (1) does not apply if the publication is—

        (a)     to a relevant person (see subsection (5)); or

        (b)     to a named person by, or in accordance with, a direction of a court; or

        (c)     part of an official report of a court proceeding and the publication is relevant to the proceeding.

    (3)     However, a court must not give a direction under subsection (2) (b) unless it is satisfied that the publication is in the interests of justice.

    (4)     An offence against this section is a strict liability offence.

    (5)     In this section:

"relevant person" means any of the following:

        (a)     the offender;

        (b)     a person (other than the offender) to whom the order relates;

        (c)     a police officer;

        (d)     anyone involved in the administration of the order, or any other penalty to which the offender is subject in relation to the offence for which the order was made;

        (e)     anyone involved in a proceeding for failure to comply with the non-association order;

        (f)     anyone stated in the non-association order as someone to whom the information may be published;

        (g)     anyone else to whom the information is required or allowed to be published under a law of the Territory, the Commonwealth, a State or another Territory.



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