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CRIMINAL CODE 1899 - SECT 229J

Certificate of discharge for particular offences

229J Certificate of discharge for particular offences

(1) In this section—

"defendant" means a person charged with an unlawful prostitution offence or an unlawful presence offence.

"identifying matter" means—
(a) the name, address, place of employment or another particular of the defendant or another person that is likely to lead to the identification of the defendant; or
(b) any photograph, picture, videotape or other visual representation of the defendant or another person that is likely to lead to the identification of the defendant.

"the court" means a court before which is brought a charge against a defendant for an unlawful prostitution offence or an unlawful presence offence, and includes a justice conducting an examination of witnesses in relation to an unlawful prostitution offence or an unlawful presence offence charged against a defendant.

"unlawful presence offence" means an offence against section 229I .

"unlawful prostitution offence" means an offence against section 229HC (1) or (2) .
(2) At any time before being found guilty of the unlawful prostitution offence or the unlawful presence offence, the defendant
(a) may apply to the court for the issue of the certificate of discharge mentioned in subsection (6) in relation to the unlawful prostitution offence or the unlawful presence offence; and
(b) may apply to the court for an order prohibiting publication of identifying matter in relation to the defendant if the certificate is granted.
(3) The application may be heard in court or in chambers.
(4) If the defendant has been charged on indictment, the application is to be heard and determined by a judge sitting alone without a jury.
(5) On making the application the defendant must give evidence, and may be cross-examined, in relation to all matters relevant to—
(a) the commission, by the defendant, of the unlawful prostitution offence or the unlawful presence offence; and
(b) the commission, by any other person, of an offence against this Code—
(i) if the offence is an unlawful prostitution offence—in relation to carrying on the business of providing unlawful prostitution; or
(ii) if the offence is an unlawful presence offence—in relation to the premises.
(6) If the court is satisfied that the evidence is a full and true disclosure by the defendant of all material particulars within the defendant’s knowledge relevant to the application, the court must immediately give the defendant a certificate stating that the defendant is discharged on the unlawful prostitution offence or the unlawful presence offence.
(7) The defendant can not afterwards be convicted or further prosecuted for the unlawful prostitution offence or the unlawful presence offence.
(8) If the court grants an application under subsection (2) (b) , the court may make an order prohibiting the publishing of any identifying matter in relation to the defendant either indefinitely or until further order.
(9) A police officer or other person may serve a copy of the order on any person.
(10) A person who knowingly contravenes an order under subsection (8) commits a crime.
Penalty—
Maximum penalty for subsection (10) —2,000 penalty units, imprisonment for 5 years or both.



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