Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 114R

Indictable offence--communication to the public of list of court etc. proceedings that refers to names of parties

  (1)   A person commits an indictable offence if the person communicates to the public a list of proceedings, identified by reference to the names of the parties to the proceedings, that are to be dealt with by any of the following under this Act:

  (a)   a court;

  (b)   an officer of a court investigating or dealing with a matter in accordance with this Act, the regulations or the applicable Rules of Court;

  (c)   a tribunal established by or under a law of the Commonwealth or of a State or Territory.

Penalty:   Imprisonment for 1 year.

  (2)   Subsection   (1) does not apply if:

  (a)   the communication is the publication, by the court, officer or tribunal, of a list of proceedings the court, officer or tribunal is to deal with; or

  (b)   the communication is:

  (i)   in accordance with a direction of a court or otherwise approved by a court; or

  (ii)   in accordance with the applicable Rules of Court.

Example:   For the purposes of paragraph   (a), a list of proceedings a court is to deal with that is published by the court at the court's premises.

Note:   A defendant bears an evidential burden in relation to the matters in this subsection   (see subsection   13.3(3) of the Criminal Code ).


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