Victorian Current Acts

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EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958 - SECT 42BQ

Suppression and protection orders

    (1)     If an application is made under section 42BP(2), the court must make an order suppressing the publication of anything said when—

        (a)     the application is made; and

        (b)     if leave is given or an order is made in response to the application—the question is asked (and answered), the evidence is given, the information is provided or the statement is made.

    (2)     Nothing in subsection (1) prevents the taking of a transcript of court proceedings, but the court may make an order for how the transcript is to be dealt with, including an order suppressing its publication.

    (3)     The court may make any other order it considers appropriate to protect the interstate operative's identity or to prevent the disclosure of where the interstate operative lives.

    (4)     A person is guilty of an offence if—

        (a)     the person knows that, or is reckless as to whether, an order has been made under subsection (1), (2) or (3); and

        (b)     the person intentionally, knowingly or recklessly contravenes the order.

Penalty:     Imprisonment for 2 years.

    (5)     Subsection (4) does not limit the court's power to punish for contempt.

S. 42BR inserted by No. 60/2004 s. 3.



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