Commonwealth Consolidated Acts

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JUDICIARY ACT 1903 - SECT 77RG

Procedure for making an order

  (1)   The High Court may make a suppression order or non - publication order on its own initiative or on the application of:

  (a)   a party to the proceeding concerned; or

  (b)   any other person considered by the Court to have a sufficient interest in the making of the order.

  (2)   Each of the following persons is entitled to appear and be heard by the High Court on an application for a suppression order or non - publication order:

  (a)   the applicant for the order;

  (b)   a party to the proceeding concerned;

  (c)   the Government (or an agency of the Government) of the Commonwealth or a State or Territory;

  (d)   a news publisher;

  (e)   any other person who, in the Court's opinion, has a sufficient interest in the question of whether a suppression order or non - publication order should be made.

  (3)   A suppression order or non - publication order may be made at any time during a proceeding or after a proceeding has concluded.

  (4)   A suppression order or non - publication order may be made subject to such exceptions and conditions as the High Court thinks fit and specifies in the order.

  (5)   A suppression order or non - publication order must specify the information to which the order applies with sufficient particularity to ensure that the court order is limited to achieving the purpose for which the order is made.


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