Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsNote An offence against this section is a strict liability offence, see s (7).
(1) A person commits an offence if—
(a) a relevant court has given a direction under section 35 (1) prohibiting or restricting the publication or disclosure of a matter mentioned in the subsection; and
(b) the person has notice of the direction (whether by being given a copy of the restraining order to which the direction relates or otherwise); and
(c) the person publishes or discloses the matter to someone else.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(2) A person commits an offence if—
(a) a relevant court has given a direction under section 35 (1) prohibiting or restricting the publication or disclosure of a matter mentioned in the subsection; and
(b) the person has notice of the direction (whether by being given a copy of the restraining order to which the direction relates or otherwise); and
(c) the person publishes or discloses information to someone else; and
(d) the other person could infer from the information the matter to which the direction relates.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(3) Subsections (1) and (2) do not apply if the publication or disclosure is made to any of the following entities in the circumstances mentioned for the entity:
(a) a police officer—in any circumstances;
(b) an officer, employee or agent of the person—to ensure that the order is complied with and the person to whom the publication or disclosure is made is given notice of the direction (whether by being given a copy of the restraining order to which the direction relates or otherwise) by the person making the publication or disclosure;
(c) a lawyer—to obtain legal advice or representation in relation to the order;
(d) a relevant court—with the court's leave.
Note The application for leave, and any proceeding with the court's leave, must be heard in closed court, see s (8).
(4) Also, subsections (1) and (2) do not apply if the publication or disclosure is made—
(a) by a police officer in the exercise of the officer's functions; or
(b) for the purpose of giving or obtaining legal advice, or making legal representations, in relation to the order.
(5) A person commits an offence if—
(a) a relevant court has given a direction under section 35 (1) prohibiting or restricting the publication or disclosure of a matter mentioned in the subsection; and
(b) the person receives information in relation to the matter in accordance with subsection (3) or (4); and
(c) the person ceases to be a person mentioned in subsection (3) or (4); and
(d) the person publishes or discloses the matter to someone else.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(6) A person commits an offence if—
(a) a relevant court has given a direction under section 35 (1) prohibiting or restricting the publication or disclosure of a matter mentioned in the subsection; and
(b) the person receives information in relation to the matter in accordance with subsection (3) or (4); and
(c) the person ceases to be a person mentioned in subsection (3) or (4); and
(d) the person publishes or discloses information to someone else; and
(e) the other person could infer from the information the matter to which the direction relates.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(7) An offence against this section is a strict liability offence.
(8) For subsection (3) (d), an application for leave, and any proceeding with the court's leave, must be heard in closed court.